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SHYAM BIHARI v. NAGPUR MUNICIPAL CORPORATION CIVIL LINES

Supreme Court of India | Diary 10236/2019

Status

ROP - of Main Case

Decided On

09-05-2019

Bench

HON'BLE MRS. JUSTICE R. BANUMATHI and HON'BLE MR. JUSTICE R. SUBHASH REDDY

Petitioner

SHYAM BIHARI

Respondent

NAGPUR MUNICIPAL CORPORATION CIVIL LINES

Primary Holding

An inordinate delay in filing a special leave petition without cogent explanation warrants dismissal, and such dismissal may be ordered both on grounds of delay and on merit simultaneously.

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Full Judgment Text

ITEM NO.7 COURT NO.7 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 10236/2019 (Arising out of impugned final judgment and order dated 23-10-2013 in CA No. 894/2013 in M.C.A. St.No.9009 of 2013 (Review) in W.P.No.1282 of 2003 passed by the High Court Of Judicature At Bombay At Nagpur) SHYAM BIHARI & ANR. Petitioner(s) VERSUS NAGPUR MUNICIPAL CORPORATION, CIVIL LINES, NAGPUR & ORS. Respondent(s) (FOR ADMISSION and Interim Relief and IA No.75670/2019-CONDONATION OF DELAY IN FILING and IA No.75672/2019-EXEMP.FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.75671/2019-CONDONATION OF DELAY IN REFILING and IA No.75673/2019-PERM.TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Date : 09-05-2019 This petition was called on for hearing today. CORAM : HON'BLE MRS. JUSTICE R. BANUMATHI HON'BLE MR. JUSTICE R. SUBHASH REDDY For Petitioner(s) Mr. Akash Kakade,Adv. Mr. Swetab Kumar,Adv. Mr. Neelmani Pant,Adv. Mr. Somanatha Padhan, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R We have heard Mr. Akash Kakade, learned counsel appearing for the petitioners. This special leave petition is preferred with an inordinate delay of 1879 days for which no cogent explanation is forthcoming. The special leave petition is dismissed both on the ground of delay as well as on merit. Pending applications, if any, shall also stand disposed of. (MAHABIR SINGH) (PARVEEN KUMARI PASRICHA) COURT MASTER BRANCH OFFICER

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