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Gujarat Urja Vikash Nigam Ltd vs Essar Power Ltd on 13 March, 2008

55. Therefore, we are not able to agree with the contention of the Respondent especially for the reason that the Respondent was also party to the said Writ Petition. The Respondents could have approached the High Court by filing the necessary application immediately after the pronouncement of judgment in Essar Power case for dismissal of the Writ Petition citing the said judgment of Hon'ble Supreme Court in Essar Power case. This was not done promptly. There was no reason as to why he also kept quiet. If it is stated that the Appellant was negligent in approaching the High Court for withdrawal of Writ Petition immediately, the same can be attributed to the Respondent Page 30 Judgment in Appeal No. 90 of 2011 also in not approaching in High Court immediately for getting the Writ Petition dismissed on the same ground.
Supreme Court of India Cites 27 - Cited by 201 - M Katju - Full Document
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