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M/S. BALRAMPUR CHINI MILLS LTD. v. STATE OF U.P. .

Supreme Court of India | Diary 10115/2013

Status

ROP - of Main Case

Decided On

21-04-2014

Bench

Petitioner

M/S. BALRAMPUR CHINI MILLS LTD.

Respondent

STATE OF U.P. .

Primary Holding

When a High Court judgment is challenged in the Supreme Court via Special Leave Petition, but identical matters remain pending before the High Court, the Supreme Court may set aside the impugned judgment and remand all matters to the High Court for consolidated merits adjudication.

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Full Judgment Text

@"ITEM NO.67 COURT NO.8 SECTION XI S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil) No(s).36243/2012(From the judgment and order dated 17/07/2012 in MB No.110/2008of the HIGH COURT OF JUDICATURE AT ALLAHABAD, BENCH AT LUCKNOW)M/S BALRAMPUR CHINI MILLS LTD. Petitioner(s) VERSUSSTATE OF U.P.& ORS. Respondent(s)(With prayer for interim relief and office report) WITHSLP(C) NO. 21997 of 2013(With appln.(s) for c/delay in filing SLP and c/delay inrefiling SLP and office report)Date: 21/04/2014 These Petitions were called on for hearingtoday.CORAM : HON'BLE MR. JUSTICE SURINDER SINGH NIJJAR HON'BLE MR. JUSTICE A.K. SIKRIFor Petitioner(s) Mr. Jayant Bhushan, Sr. Adv. Mr. Manish K.Bishnoi, Adv. Mr. Narender H. Verma, Adv.For Respondent(s) Dr. Abhishek Manu Singhvi, Sr. Adv. Ms. Reena Singh, Adv. Mr. Ardhendumauli Kumar Prasad, Adv. UPON hearing counsel the Court made the following O R D E R Delay condoned in Special Leave Petition (Civil) No.21997 of 2013. Leave granted. The appeals are disposed of in terms of the signed order. No costs. (VINOD LAKHINA) (INDU BALA KAPUR) COURT MASTER COURT MASTER (SIGNED ORDER IS PLACED ON THE FILE) IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 4709 OF 2014 [Arising out of Special Leave Petition (Civil) No.36243 of 2012]M/S BALRAMPUR CHINI MILLS LTD. ...APPELLANT VERSUSSTATE OF U.P.& ORS. ...RESPONDENTS WITH CIVIL APPEAL NO. 4710 OF 2014 [Arising out of Special Leave Petition (Civil) No.21997 of 2013]

M/S BALRAMPUR CHINI MILLS LTD. ...APPELLANT VERSUSSTATE OF U.P.& ORS. ...RESPONDENTS ORDER Learned counsel for the petitioner submitsthat the issue which is the subject matter of thepresent Special Leave Petitions is also pending inthe High Court in a number of matters. Learnedcounsel further submits that even if this Courtallows the Special Leave Petitions filed by thepetitioner, the issue would still have to bedecided by the High Court. Having considered the entire issue, we are ofthe opinion that no useful purpose will be servedin keeping the special leave petitions pending inthis Court. Delay condoned in Special Leave Petition(Civil) No.21997 of 2013. Leave granted. ...2/- :2: The appeals are allowed. The judgment andorder of the High Court dated 17.7.2012 is setaside. The matters are remanded back to the HighCourt for decision on merits along with othermatters that are pending. The appellant shall bepermitted to intervene in the proceedings pendingin the High Court. Needless to say, the parties are at liberty toraise all the issues raised herein before the HighCourt. We request the High Court to take a decisionas early as possible, in view of the fact thatlarge number of Mills are involved in thecontroversy. Let all the matters be taken up for

hearing together. The appeals are disposed of in the aboveterms. No costs. ....................,J. (SURINDER SINGH NIJJAR) ....................,J. (A.K. SIKRI)NEW DELHIAPRIL 21, 2014

4ITEM NO.45 COURT NO.4 SECTION XI S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil) No(s).36243/2012(From the judgement and order dated 17/07/2012 in MB No.110/2008of The HIGH COURT OF JUDICATURE AT ALLAHABAD, BENCH AT LUCKNOW)M/S BALRAMPUR CHINI MILLS LTD. Petitioner(s) VERSUSSTATE OF U.P.& ORS. Respondent(s)(With prayer for interim relief and office report)WITH SLP(C) NO. 21997 of 2013 (With appln.(s)for c/delay infiling SLP, c/delay in refiling SLP and office report)Date: 15/04/2014 These Petitions were called on for hearing today.CORAM : HON'BLE DR. JUSTICE B.S. CHAUHAN HON'BLE MR. JUSTICE J. CHELAMESWARFor Petitioner(s) Mr. Jayant Bhushan,Sr.Adv. Mr. Narinder Kr.Verma,Adv. For Mr. Manish K.Bishnoi,Adv.For Respondent(s) Dr. Abhishek Manu Singhvi,Sr.Adv. Ms. Reena Singh,Adv. Mr. Abhiral,Adv. Mr. Ardhendumauli Kumar Prasad,Adv. UPON hearing counsel the Court made the following O R D E R It has been pointed that identical matters have been disposed of by a Bench presided over by Hon'ble Mr. Justice Surinder Singh Nijjar. It is therefore desirable that the matter may be placed before the Bench presided over by Hon'ble Mr. Justice Surinder Singh Nijjar on 21st April, 2014, after taking nomination from Hon'ble the Chief Justice of India. In the meanwhile, Dr. Abhishek Manu Singhvi, learned senior counsel appearing for the respondent shall check up as to whether the matter is identical to the Civil Appeal No.6999/2013 @ SLP(C)NO.36891/2012 which is disposed of by this Court on 14.8.2013. (O.P. SHARMA) (M.S. NEGI) COURT MASTER ASSISTANT REGISTRAR

ITEM NO.12 COURT NO.3 SECTION III S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSCIVIL APPEAL D.NO(s). 4709 OF 2014(for prel.hearing)M/S. PHILLIPS CARBON BLACK LTD. Appellant (s) VERSUSCOMMISSIONER OF CUSTOMS, COCHIN Respondent(s)(With appln(s) for condonation of delay in filing appeal andoffice report )Date: 07/04/2014 This appeal was called on for hearing today.CORAM : HON'BLE MR. JUSTICE H.L. DATTU HON'BLE MR. JUSTICE S.A. BOBDEFor Petitioner(s) Mr.Alok Yadav, Adv. Mr.Prashanth, S.S.,Adv. For Mr.M.P.Devanath,Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Delay condoned. Appeal admitted. No stay. Tag with C.A.Nos.9279-9283/2012. (G.V.Ramana) (Vinod Kulvi) Court Master Asstt.Registrar

jITEM NO.55 COURT NO.8 SECTION XI S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil) No(s).36243/2012(From the judgement and order dated 17/07/2012 in MB No.110/2008 of TheHIGH COURT OF JUDICATURE AT ALLAHABAD, BENCH AT LUCKNOW)M/S BALRAMPUR CHINI MILLS LTD. Petitioner(s) VERSUSSTATE OF U.P.& ORS. Respondent(s)(With prayer for interim relief and office report )WITH SLP(C) NO. 21997 of 2013(With appln(s) for c/delay in filing and refiling SLP and office report)Date: 27/01/2014 These Petitions were called on for hearing today.CORAM : HON'BLE MR. JUSTICE SURINDER SINGH NIJJAR HON'BLE MR. JUSTICE A.K. SIKRIFor Petitioner(s) Mr. Manish K.Bishnoi,Adv. Mr. Narendra Kumar, Adv.For Respondent(s) Ms. Reena Singh, AAG Mr. Ardhendumauli Kumar Prasad,Adv. Mr. Ram Kishore Singh Yadav, Adv. UPON hearing counsel the Court made the following O R D E R In view of the letter circulated by learned counsel for the petitioner, hearing of the cases is adjourned for two weeks for filing rejoinder affidavit. |(Parveen Kr.Chawla) | |(Indu Bala Kapur) ||Court Master | |Court Master || | | |

>ITEM NO.10 COURT NO.9 SECTION XI S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil) No(s).36243/2012(From the judgement and order dated 17/07/2012 in MB No.110/2008 of TheHIGH COURT OF JUDICATURE AT ALLAHABAD, BENCH AT LUCKNOW)M/S BALRAMPUR CHINI MILLS LTD. Petitioner(s) VERSUSSTATE OF U.P.& ORS. Respondent(s)(With prayer for interim relief and office report )WITH SLP(C) NO. 21997 of 2013(With appln.(s) for c/delay in filing SLP and c/delay in refiling SLP andoffice report)Date: 21/10/2013 These Petitions were called on for hearing today.CORAM : HON'BLE MR. JUSTICE SURINDER SINGH NIJJAR HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLAFor Petitioner(s) Mr. Manish K.Bishnoi,Adv.For Respondent(s) Mr. Ardhendumauli Kumar Prasad,Adv. UPON hearing counsel the Court made the following O R D E R Perused the letter circulated by learned counsel for the petitioner. These matters are adjourned for four weeks for filing rejoinder affidavit. (Sukhbir Paul Kaur) (Indu Bala Kapur)

Court Master Court Master

\234ITEM NO.30 COURT NO.10 SECTION XI S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil)....../2013 CC 11316/2013(From the judgement and order dated 17/07/2012 in MB No.9719/2007, of TheHIGH COURT OF JUDICATURE AT ALLAHABAD, BENCH AT LUCKNOW)M/S. BALRAMPUR CHINI MILLS LTD. Petitioner(s) VERSUSSTATE OF U.P. & ORS. Respondent(s)With I.A. 1 (C/delay in filing SLP,c/delay in refiling SLP and officereport )Date: 05/07/2013 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE SURINDER SINGH NIJJAR HON'BLE MR. JUSTICE RANJAN GOGOIFor Petitioner(s) Mr. Jayant Bhushan, Sr.Adv. Mr. Manish K.Bishnoi,Adv. Mr. Narinder K. Verma, Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Issue notice on the application for condonation of delay as well as on the special leave petition. Tag with S.L.P.(C) No. 36243 of 2012. (Sukhbir Paul Kaur) (Indu Bala Kapur) Court Master Court Master

üITEM NO.61 REGISTRAR COURT.2 SECTION XI S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR SUNIL THOMASPetition(s) for Special Leave to Appeal (Civil) No(s).36243/2012M/S BALRAMPUR CHINI MILLS LTD. Petitioner(s) VERSUSSTATE OF U.P.& ORS. Respondent(s)(With prayer for interim relief and office report )Date: 21/02/2013 This Petition was called on for hearing today.For Petitioner(s) Mr. Narinder Kr. Verma,Adv. Mr. Manish K.Bishnoi,Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R All the respondents have been served by dasti. No appearance for them. Hence, place the matter before the Hon'ble Court, as per Rule.| | |(SUNIL THOMAS) ||s | |Registrar |

äITEM NO.70 REGISTRAR COURT.2 SECTION XI S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR SUNIL THOMASPetition(s) for Special Leave to Appeal (Civil) No(s).36243/2012M/S BALRAMPUR CHINI MILLS LTD. Petitioner(s) VERSUSSTATE OF U.P.& ORS. Respondent(s)(With prayer for interim relief and office report )Date: 04/02/2013 This Petition was called on for hearing today.For Petitioner(s) Mr. Manish K.Bishnoi,Adv.For Respondent(s) Mr.Akshya Swarup,adv. Mr.Ardhendumauli Kr.Prasad,adv. UPON hearing counsel the Court made the following O R D E R Ld.counsel for the petitioner submits that all the respondents have been served by dasti. Seeks a weeks time for filing proof of dasti. Granted. List the matter on 21.02.2013.| | |(Sunil Thomas) || | |Registrar |SB

´ITEM NO.30 COURT NO.1 SECTION XI S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil) No(s).36243/2012(From the judgement and order dated 17/07/2012 in MB No.110/2008of The HIGH COURT OF JUDICATURE AT ALLAHABAD, BENCH AT LUCKNOW)M/S BALRAMPUR CHINI MILLS LTD. Petitioner(s) VERSUSSTATE OF U.P.& ORS. Respondent(s)(With appln(s) for exemption from filing O.T. and prayer forinterim relief and office report)Date: 10/12/2012 This Petition was called on for hearing today.CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE SURINDER SINGH NIJJAR HON'BLE MR. JUSTICE J. CHELAMESWARFor Petitioner(s) Mr. Jayant Bhushan, Sr. Adv. Mr. Manish K.Bishnoi, AOR Mr. Narender Verma, Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Issue notice on the special leave petition, as also on the prayer for interim relief, returnable four weeks after the winter vacation. Let service of notice be effected, both in the usual course and also by way of Dasti service.|(Chetan Kumar) | |(Juginder Kaur) ||Court Master | |Assistant Registrar |

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