Supreme Court - Daily Orders
G.C.Kanungo (Dead) Through Lrs. vs Rourkela Steel Plant Tr.M.D. on 11 August, 2014
^ IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOs. 7605-7606 OF 2014
[ARISING OUT OF S.L.P. NOS. 11368-11369 OF 2012]
G.C.KANUNGO (DEAD) THROUGH LRS. ... APPELLANT(s)
Versus
ROURKELA STEEL PLANT THROUGH ITS ... RESPONDENT(s
)
MANAGING DIRECTOR AND ANOTHER
O R D E R
Leave granted.
2. These appeals deserve to be allowed o
n
the short ground that although the first recall
application made by respondents was dismissed on
3.9.2009, subsequent recall application on t
he
self-same grounds was made on 16.12.2009. T
he
second recall application has been allowed by the
Hon’ble the Chief Justice. We are afraid t
he
second recall application by the respondents was an
abuse of process of the Court and ought not to have
been allowed. When the first recall application
Signature Not Verified was dismissed, the remedy available to the
Digitally signed by
Pardeep Kumar
Date: 2014.08.12
09:43:31 IST
Reason:
: 2 :
respondents was to challenge that order in
appropriate proceedings but that was never done. In
our view, it was not open to the respondents to
make second application for recalling the orders
dated 25.2.2001 and 3.9.2009..
3. Civil Appeals are, accordingly, allowed.
The impugned order is set-aside. No order as to
costs.
.......................CJI.
(R.M. LODHA)
........................J.
(KURIAN JOSEPH)
NEW DELHI; ........................J.
AUGUST 11,2014 (ROHINTON FALI NARIMAN)
ITEM NO.55 COURT NO.1 SECTION XIA
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s).
11368-11369/2012
(Arising out of impugned final judgment and order dated 15/04/2011
in MC No. 49/2009 and 57/2009 arising out of ARBP No. 65/2008
passed by the High Court Of Orissa At Cuttack)
G.C.KANUNGO (DEAD) THROUGH LRS. Petitioner(s)
VERSUS
ROURKELA STEEL PLANT TR.M.D.& ANR Respondent(s)
[with interim relief and office report)
Date : 11/08/2014 These petitions were called on for hearing today.
CORAM :
HON’BLE THE CHIEF JUSTICE
HON’BLE MR. JUSTICE KURIAN JOSEPH
HON’BLE MR. JUSTICE ROHINTON FALI NARIMAN
For Petitioner(s) Mr. Milan Kanungo, Sr. Adv.
Mr. Ashok Panigrahi,Adv.
Mr. Santosh Kumar, Adv.
Ms. Ashmi Mohan, Adv.
For Respondent(s) Mr. Dhruv Mehta, Sr. Adv.
Mr. Jagjit Singh Chhabra, Adv.
Mr. Samir, Adv.
Mr. Gursimaranjit Singh, Adv.
Mr. K.P.S. Chani,Adv.
UPON hearing counsel the Court made the following
O R D E R
Leave granted.
Civil Appeals are allowed in terms of signed order. No costs.
(PARDEEP KUMAR) (RENU DIWAN) AR-cum-PS COURT MASTER [SIGNED ORDER IS PLACED ON THE FILE]