Supreme Court - Daily Orders
The State Of Andhra Pradesh vs M/S.Bhel, Hyderabad, A.P. on 3 February, 2014
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS. 1913-1914 OF 2014
(Arising out of SLP(C) Nos.9845-9846/2013)
THE STATE OF ANDHRA PRADESH Appellant(s)
:VERSUS:
M/S. BHARAT HEAVY ELECTRICALS LTD.,
HYDERABAD, ANDHRA PRADESH Respondent(s)
O R D E R
Leave granted.
Heard Mr. Rangaramanujam, learned senior counsel in support of these appeals and Mr. Ramakrishna Prasad, learned counsel appearing for the respondent Company. By the impugned order the High Court has dismissed the civil miscellaneous petition on the ground of delay of 39 days. In our view it was a matter which ought to have been gone into merits and should not have been dismissed on short delay. In the circumstances, we set aside the impugned order passed by the High Court, condone the delay of 39 days and restore the civil miscellaneous petition to the file of the High Court. The High Court is requested to consider the matter on its merits. The appeals are allowed accordingly.
..........................J (H.L. GOKHALE) ........................J (DIPAK MISRA) New Delhi;
February 3, 2014.
ITEM NO.49 COURT NO.10 SECTION III
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition for Special Leave to Appeal (Civil) No(s).9845-9846/2013 (From the judgement and order dated 27/12/2011 in TRC No.916/2010 and TRC No.23/2011 of the HIGH COURT OF A.P. AT HYDERABAD) THE STATE OF ANDHRA PRADESH Petitioner(s) VERSUS M/S.BHEL, HYDERABAD, A.P. Respondent(s) (With prayer for interim relief) Date:03/02/2014 These Petitions were called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE H.L. GOKHALE HON’BLE MR. JUSTICE DIPAK MISRA For Petitioner(s) Mr. A.T.M. Rangaramanujam,Sr.Adv.
Mr. D. Mahesh Babu,Adv.
Mr. Amit K. Nain,Adv.
Ms. Suchita Harangkhawal,Adv. Mr. A. Nagpal,Adv.
Mr. Aditya Jain,Adv.
For Mr. G.N. Reddy,Adv.
For Respondent(s) Mr. G. Ramakrishna Prasad,Adv.
Mr. Suyodhan Byrapaneni,Adv. Mr. Mohd. Asay Khan,Adv.
Ms. Filza Moonis,Adv.
Mr. Bharat J. Joshi,Adv.
UPON hearing counsel the Court made the following O R D E R Heard the learned counsel for the parties. The impugned order passed by the High Court is set aside, delay of 39 days is condoned and the civil -2- miscellaneous petition is restored to the file of the High Court. The High Court is requested to consider the matter on its merits. The appeals are allowed in terms of the signed order.
(A.S. BISHT) (SNEH LATA SHARMA) A.R.-CUM-P.S. COURT MASTER
(Signed order is placed on the file)