Harihar Prasad Padarha v. M/s. Kanha Wilderness Ltd.

Supreme Court of India
Anil R. Dave; V. Gopala Gowda
Civil Appeal No. 4905 of 2015
civil appeal_allowed Procedural

AI Summary

The Supreme Court quashed the impugned order due to improper bench composition and remitted the appeal for fresh hearing.

Full Text
Translation output
Page 1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 4905 OF 2015
HARIHAR PRASAD PADARHA ... APPELLANT(S)
VS.
M/S. KANHA WILDERNESS LTD. ... RESPONDENT(S)
JUDGMENT
ANIL R. DAVE, J.

1. Admit.

2. Upon hearing the learned counsel and upon perusal of the reply filed by the respondent we find that possibly the allegation made in the appeal with regard to appeal being heard by less number of Members, might be correct.

3. Be that as it may, the learned counsel for the respondent has no objection if the matter is remitted for hearing again.

4. In the circumstances, the impugned order is quashed with a direction that the appeal shall be heard within four weeks from today.

5. The appeal is disposed of as allowed with no order as to costs. Pending application, if any, stands disposed of. Page 2

6. The learned counsel appearing for the appellant has assured this Court that the appellant shall not pray for adjournment unnecessarily ............... J. [ANIL R. DAVE] .............. J. [V. GOPALA GOWDA] New Delhi;