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Municipal Corporation Of Greater ... vs M/S.Do-It Computer Jv on 16 August, 2017 cites

M/S.Green View Tea & Industries vs Collector, Golaghat & Anr on 9 November, 2001

11 Summarizing the import of all these orders and relying on a judgment of the Hon'ble Supreme Court in the case of M/s. Green View Tea Industries vs. Collector, Golaghat & Anr. (2002) 1 SCC 109 and an order and judgment of the Hon'ble High Court of Delhi in LPA No.73 of 2007 Government of NCT of Delhi and Ors. vs. Mool Chand Sharma decided on 26th February, 2013, it is urged that the present appeal is not maintainable. 12 The argument is that there was no liberty sought SRP 7/35 ::: Uploaded on - 31/08/2017 ::: Downloaded on - 31/08/2017 23:43:10 ::: APPL253.17.doc while withdrawing the earlier appeal to file a fresh appeal to challenge the impugned order. The fresh appeal, therefore, would not lie and must be dismissed as incompetent. 13 Mr. Kevic Setalvad, learned senior counsel appearing for the appellant, in meeting this preliminary objection, would submit that the orders passed by this Court and the Hon'ble Supreme Court cannot be read in the manner suggested by Mr. Chinoy. Their import and impact is very clear. The consequences are that there was a liberty implicit in the order passed by this Court on 20th April, 2017, and the further order in July 2017 that a fresh appeal can be brought in the event the clarification or correction of record is not issued or as desired by the appellant- Municipal Corporation. Therefore, in law, the present appeal is maintainable.
Supreme Court of India Cites 5 - Cited by 22 - S S Quadri - Full Document

Govt Of Nct Of Delhi vs Mool Chand Sharma (Dead) By Lrs. on 1 May, 2015

11 Summarizing the import of all these orders and relying on a judgment of the Hon'ble Supreme Court in the case of M/s. Green View Tea Industries vs. Collector, Golaghat & Anr. (2002) 1 SCC 109 and an order and judgment of the Hon'ble High Court of Delhi in LPA No.73 of 2007 Government of NCT of Delhi and Ors. vs. Mool Chand Sharma decided on 26th February, 2013, it is urged that the present appeal is not maintainable. 12 The argument is that there was no liberty sought SRP 7/35 ::: Uploaded on - 31/08/2017 ::: Downloaded on - 31/08/2017 23:43:10 ::: APPL253.17.doc while withdrawing the earlier appeal to file a fresh appeal to challenge the impugned order. The fresh appeal, therefore, would not lie and must be dismissed as incompetent. 13 Mr. Kevic Setalvad, learned senior counsel appearing for the appellant, in meeting this preliminary objection, would submit that the orders passed by this Court and the Hon'ble Supreme Court cannot be read in the manner suggested by Mr. Chinoy. Their import and impact is very clear. The consequences are that there was a liberty implicit in the order passed by this Court on 20th April, 2017, and the further order in July 2017 that a fresh appeal can be brought in the event the clarification or correction of record is not issued or as desired by the appellant- Municipal Corporation. Therefore, in law, the present appeal is maintainable.
Supreme Court - Daily Orders Cites 0 - Cited by 2 - R K Agrawal - Full Document
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