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Supreme Court - Daily Orders

Board Of Trustees Port Of Kolkata vs Natwar Parikh Industries Ltd. on 30 August, 2017

Bench: Arun Mishra, Mohan M. Shantanagoudar

                                        IN THE SUPREME COURT OF INDIA
                                        CIVIL APPELLATE JURISDICTION

                                       CIVIL APPEAL NO(S). 4649 OF 2010


               BOARD OF TRUSTEES PORT OF KOLKATA & ORS.                Appellant(s)

                                                      VERSUS

               NATWAR PARIKH INDUSTRIES LTD. & ORS.                    Respondent(s)



                                                O R D E R

Heard the learned counsel for the parties. After hearing the learned counsel for the parties, as agreed, the case should be remitted back to the High Court by setting aside the impugned judgment and order. The High Court has erred in declaring the provisions of Regulation 55 C ultravires as its vires was not in question in the writ petition.

The impugned judgment and order of the High Court is set aside and the High Court is requested to hear and decide the writ appeal afresh on merits and decide it in accordance with law.

The appeal is, accordingly, allowed.

....................J (ARUN MISHRA) Signature Not Verified Digitally signed by BALA PARVATHI Date: 2017.09.04 16:43:15 IST Reason: ....................J (MOHAN M. SHANTANAGOUDAR) NEW DELHI;

     AUGUST 30, 2017
ITEM NO.109                COURT NO.10                SECTION XVI

                 S U P R E M E C O U R T O F       I N D I A
                         RECORD OF PROCEEDINGS

Civil Appeal    No(s).4649/2010

BOARD OF TRUSTEES PORT OF KOLKATA & ORS.             Appellant(s)

                                    VERSUS

NATWAR PARIKH INDUSTRIES LTD.& ORS.                  Respondent(s)

Date : 30-08-2017 This appeal was called on for hearing today. CORAM :

HON'BLE MR. JUSTICE ARUN MISHRA HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR For Appellant(s) Mr. Parag P. Tripathi, Sr. Adv.
Mr. Buddy A Ranganadhan, Adv. Mr. A. V. Rangam, AOR Ms. Mishika Bajpai, Adv.
For Respondent(s) Mr. Sanjib Sen, Sr. Adv.
Mr. Shroyana Singhvi, Adv. Ms. Ekta Mehta, Adv.
Mr. A.K. Panda, Sr. Adv. Ms. Kiran Bhardwaj, Adv. Mr. T.A. Khan, Adv.
Mr. B.K. Prasad, Adv.
Mr. Anil Katiyar, AOR Ms. Abhinandana Kain, Adv. Mr. Nikhil Nayyar, AOR Ms. Susmita Lal, AOR UPON hearing the counsel the Court made the following O R D E R The appeal is allowed in terms of the signed order.
(B.PARVATHI) (TAPAN KUMAR CHAKRABORTY) COURT MASTER (SH) BRANCH OFFICER (Signed order is placed on the file)