Case Note & Summary
The Supreme Court of India heard an appeal against the High Court of Delhi's order dated 09.11.2017 in Writ Petition No.5734 of 2016. The writ petition was filed by respondent No.3 (original writ petitioner) challenging an order dated 30.06.2016 issued by the Union of India. The High Court disposed of the writ petition based on a statement made by the Union of India's counsel, setting aside the impugned order without examining the merits. Subsequently, the Union of India filed a review petition, claiming that the statement was made due to incorrect briefing. The Supreme Court noted that the High Court did not decide the writ petition on merits and that the statement was based on incorrect briefing. The Court also noted that in another batch of petitions, the High Court had set aside the same order on merits. The Supreme Court allowed the appeal, set aside the High Court's order, and restored the writ petition to its original number for fresh disposal on merits. The Court granted liberty to all parties to amend their pleadings and directed the High Court to decide the writ petition without being influenced by any observations made by the Supreme Court. The review petition filed by the Union of India was disposed of accordingly.
Headnote
A) Civil Procedure - Remand - Incorrect Statement by Counsel - The Supreme Court set aside the High Court's order which disposed of a writ petition based on a statement made by the Union of India's counsel, which was later found to be based on incorrect briefing. The Court restored the writ petition to its original number for fresh disposal on merits, allowing parties to amend pleadings. (Paras 14-18)
B) Writ Petition - Disposal Without Merits - The High Court had not decided the writ petition on merits but disposed it of solely on the basis of the statement made by the Union of India's counsel. The Supreme Court held that in the interest of justice, the writ petition should be heard afresh and decided on merits. (Paras 8-9, 15)
Issue of Consideration
Whether the High Court's order disposing of a writ petition based on an incorrect statement made by the Union of India's counsel should be set aside and the writ petition restored for fresh disposal on merits.
Final Decision
The Supreme Court allowed the appeal, set aside the impugned order, and restored Writ Petition No.5734 of 2016 to its original number before the High Court for fresh disposal on merits. The review petition filed by the Union of India was disposed of. All parties were granted liberty to amend their pleadings.
Law Points
- Remand
- Incorrect statement by counsel
- Disposal without merits
- Restoration of writ petition
Case Details
2019 LawText (SC) (4) 141
Civil Appeal No.4283 of 2019 (Arising out of S.L.P.(C) No.2348 of 2018)
Abhay Manohar Sapre, Dinesh Maheshwari
M/s Trimex Sands Pvt. Limited & Anr.
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Nature of Litigation
Civil appeal against High Court order disposing of writ petition based on incorrect statement by Union of India's counsel.
Remedy Sought
Appellants sought to challenge the High Court's order setting aside the order dated 30.06.2016.
Filing Reason
The High Court disposed of the writ petition based on a statement made by the Union of India's counsel, which was later found to be based on incorrect briefing.
Previous Decisions
High Court of Delhi disposed of Writ Petition No.5734 of 2016 on 09.11.2017, setting aside the order dated 30.06.2016 based on a statement by Union of India's counsel.
Issues
Whether the High Court's order disposing of a writ petition based on an incorrect statement by the Union of India's counsel should be set aside.
Whether the writ petition should be restored for fresh disposal on merits.
Submissions/Arguments
Union of India argued that the statement made by its counsel was based on incorrect briefing and sought recall of the order.
Original writ petitioner opposed the application and urged issues on merits.
Ratio Decidendi
When a High Court disposes of a writ petition based on a statement made by a party's counsel, which is later found to be based on incorrect briefing, the interest of justice requires that the order be set aside and the writ petition be restored for fresh disposal on merits.
Judgment Excerpts
In our opinion, keeping in view the grounds now raised by the Union of India and further the fact that the High Court did not decide the writ petition on merits but disposed it of on the statement made by the learned counsel for the Union of India, which was based on incorrect briefing, we consider it just and proper and in the interest of all the parties concerned that the writ petition is heard afresh and is disposed of on its merits in accordance with law by the High Court.
The impugned order is set aside. The writ petition (No.5734 of 2016) filed by respondent No.3 herein before the High Court, out of which this appeal arises, is restored to its original number before the High Court.
Procedural History
Writ Petition No.5734 of 2016 was filed by respondent No.3 before the High Court of Delhi challenging an order dated 30.06.2016. The High Court disposed of the writ petition on 09.11.2017 based on a statement by the Union of India's counsel. The Union of India filed a review petition (No.103/2018) against that order. The appellants, who were not parties to the writ petition, filed the present appeal. The Supreme Court allowed the appeal and remanded the matter.
