Supreme Court - Daily Orders
M/S. C. L. Gupta Exports Pvt. Ltd. vs Uttar Pradesh Pollution Control Board on 16 November, 2020
Bench: L. Nageswara Rao, Hemant Gupta, Ajay Rastogi
1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL DIARY NO(S). 23355/2020
M/S. C. L. GUPTA EXPORTS PVT. LTD. … APPELLANT(s)
VERSUS
UTTAR PRADESH POLLUTION CONTROL BOARD
& ORS. … RESPONDENT(s)
O R D E R
Mr. Shyam Divan, learned senior counsel appearing on behalf of the appellant submits that I.A. No. 273/2020 was filed by the appellant before the National Green Tribunal for clarification of the order dated 06.08.2020 on the ground that the counsel appearing for the appellant herein was not given an opportunity of hearing before the Tribunal.
Learned senior counsel seeks permission to withdraw this appeal with liberty to pursue the application pending before the Tribunal and seek expeditious disposal of the application as there is a likelihood of coercive action being taken against the appellant herein.
We permit the appellant to withdraw this appeal with liberty to approach the National Green Tribunal to pursue the interlocutory Signature Not Verified Digitally signed by ASHWANI KUMAR Date: 2020.11.18 application filed for clarification. The appeal is dismissed as 17:36:38 IST Reason:
withdrawn with the said liberty.2
The National Green Tribunal is directed to dispose of the said application at the earliest. In case, the application is decided against the appellant, the appellant is at liberty to approach this Court by challenging the said decision and the orders date 04.09.2019 and 06.08.2020.
.........................J. [L. NAGESWARA RAO] .........................J. [HEMANT GUPTA] .........................J. [AJAY RASTOGI] NEW DELHI;
NOVEMBER 16, 2020.
3
ITEM NO.16 Court 7 (Video Conferencing) SECTION XVII
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
CIVIL APPEAL Diary No(s). 23355/2020 (Arising out of impugned interim judgment and order dated 04-12- 2019 in OA No. 220/2019 06-08-2020 in OA No. 220/2019 passed by the National Green Tribunal) M/S. C. L. GUPTA EXPORTS PVT. LTD. Petitioner(s) VERSUS UTTAR PRADESH POLLUTION CONTROL BOARD & ORS. Respondent(s) (IA No.111568/2020-CONDONATION OF DELAY IN FILING and IA No.111570/2020-GRANT OF INTERIM RELIEF and IA No.111569/2020- EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.111574/2020-EXEMPTION FROM FILING AFFIDAVIT ) Date : 16-11-2020 This petition was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE L. NAGESWARA RAO HON'BLE MR. JUSTICE HEMANT GUPTA HON'BLE MR. JUSTICE AJAY RASTOGI For Petitioner(s) Mr. Shyam Divan, Sr. Adv., Mr. Adarsh Ramanujan, Ms. Anannya Ghosh, AOR, Ms. Ragini Gupta, Mr. Sudipto Sircar For Respondent(s) UPON hearing the counsel the Court made the following O R D E R The appeal is dismissed as withdrawn in terms of the signed order.
Pending application(s), if any, stands disposed of accordingly.
(Ashwani Kumar) (ANAND PRAKASH) COURT MASTER (SH) BRANCH OFFICER (Signed order is placed on the file) 4