ALLAHABAD DEVELOPMENT AUTHORITY v. M/S. THE GENERAL FIBRE DEALERS

Supreme Court of India · 29 Aug 2016
ANIL R. DAVE; L. NAGESWARA RAO
CIVIL APPEAL NO. 8381 OF 2016
civil appeal_allowed Procedural

AI Summary

The Supreme Court set aside the High Court's judgment for failure to examine records and give reasons, remanding the matter for a fresh and expeditious hearing.

Full Text
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Page 1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 8381 OF 2016
(ARISING OUT OF SLP(C) NO.25267/2010)
ALLAHABAD DEVELOPMENT AUTHORITY APPELLANT(S)
VERSUS
M/S. THE GENERAL FIBRE DEALERS & ANR RESPONDENT(S)
JUDGMENT
ANIL R. DAVE, J.

1. Leave granted.

2. We have heard learned counsel for the parties and perused the impugned judgment.

3. In our opinion, at the time of disposal of the First Appeal, the High Court should have called for the record and proceedings and should have given reasons for coming to a particular conclusion but that has not been done.

4. In such circumstances, the impugned judgment is set aside and the matter is remanded to the High Court so that it can be heard afresh.

5. The parties shall appear before the High Court on 5.9.2016 so that the date of further hearing can be decided.

6. We are sure that the High Court will decide the appeal expeditiously, preferably within six months from the date of the first hearing. Page 2

7. With the above observations and directions, the appeal is disposed of as allowed with no orders as to costs ........................ J. [ANIL R. DAVE] ....................... J. [L. NAGESWARA RAO] NEW DELHI; AUGUST 29, 2016.