Skip to content


State of Gujarat and ors. Vs. Prabhat Solvent Extraction Industries Private Limited - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtSupreme Court of India
Decided On
Case NumberReview Petitions Nos. 164-69 of 1979
Judge
Reported in(1982)1SCC624
AppellantState of Gujarat and ors.
RespondentPrabhat Solvent Extraction Industries Private Limited
Excerpt:
- [a.p. sen and; s. murtaza fazal ali, jj.] - practice and procedure — special leave petitions dismissed while another petition involving identical point allowed and appeal ready for hearing — review petition pointing out this discrepancy allowed and special leave petitions granted to avoid possibility of two contradictory judgments coming into existence -- civil appeal no. 46(n) of 1975 is ready for hearing and if we do not allow the review petitions, the result will be that there will be possibility of two contradictory judgments coming into existence. printing of appeal record and statements of case dispensed with. - there will be stay of the operation of the judgment under appeal and the appellants shall refund the amount with interest if they fail in the appeal......jj.1. heard counsel for the parties. it appears that at the time when we dismissed the special leave petitions, our attention was not drawn to the fact that in special leave petition (civil) no. 3438 leave had already been granted where identical point was involved. civil appeal no. 46(n) of 1975 is ready for hearing and if we do not allow the review petitions, the result will be that there will be possibility of two contradictory judgments coming into existence. in view of these circumstances, therefore, we allow the review petitions subject to the payment of one set of cost of rs 2000 to the respondents. the order dismissing the special leave petitions is set aside and all the special leave petitions are granted subject to usual conditions but the cost of the appeals arising out of.....
Judgment:

A.P. Sen and; S. Murtaza Fazal Ali, JJ.

1. Heard counsel for the parties. It appears that at the time when we dismissed the special leave petitions, our attention was not drawn to the fact that in Special Leave Petition (Civil) No. 3438 leave had already been granted where identical point was involved. Civil Appeal No. 46(N) of 1975 is ready for hearing and if we do not allow the review petitions, the result will be that there will be possibility of two contradictory judgments coming into existence. In view of these circumstances, therefore, we allow the review petitions subject to the payment of one set of cost of Rs 2000 to the respondents. The order dismissing the special leave petitions is set aside and all the special leave petitions are granted subject to usual conditions but the cost of the appeals arising out of the special leave will be borne by the appellants in any event. As regards stay, there will be stay of the operation of the judgment under appeal provided that the appellants shall refund the amount if they fail in the appeals with interest at the rate of 12 per cent per annum within a month from the pronouncement of the judgment. Let these appeals be heard along with Civil Appeal No. 46 of 1975. Printing of appeal record and statements of case dispensed with. Appeal to be heard on SLP Paper-books with additional documents to be filed by the parties within a month. Liberty to mention.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //