M/S TRIMEX SANDS PVT. LIMITED & ANR. versus UNION OF INDIA & ORS.

Citation: [2019] 6 S.C.R. 1059 · Decided: 25-04-2019 · Supreme Court of India · Bench: ABHAY MANOHAR SAPRE
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Judgment (excerpt)

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   M/S TRIMEX SANDS PVT. LIMITED & ANR.
v.
UNION OF INDIA & ORS.
(Civil Appeal No. 4283 of 2019)
 APRIL 25, 2019
[ABHAY MANOHAR SAPRE AND
  DINESH MAHESHWARI, JJ.]
Judgments/Orders – Statement made by the counsel on the
basis of incorrect/wrong briefing – Respondent No.3 filed writ
petition against respondent Nos.1 and 2 (Union of India & Another)
challenging the order dated 30.06.2016 (notified on 06.07.2016) –
High Court set aside the order dated 30.06.2016 on basis of the
statement made by the counsel for the Union of India – Appellants
filed appeal in the Supreme Court against the order passed by the
High Court – In that pending appeal, Union of India filed I.A. for
directions – It was stated in I.A., that the statement made by the
counsel was on the basis of incorrect/wrong briefing made to him
by the concerned official – Held: Considering the grounds now
raised by the Union of India and the fact that the High Court did
not decide the writ petition on merits and disposed it of on the
statement made by the counsel for the Union of India, which was
based on incorrect briefing –  In the interest of all the parties
concerned, case remanded to the High Court to hear the writ petition
afresh and dispose it of on merits in accordance with law.
Allowing the I.A. and Appeal, the Court
HELD: 1. During the course of submissions, it is pointed
out that in another batch of petitions led by W.P. No.7537 of 2018
(M/s Standard Metalloys Pvt. Ltd. vs. Union of India), the High
Court passed a detailed order on 06.02.2019 and set aside the
impugned order dated 30.06.2016 on merits.  Be that as it may,
this Court need not enter into any other aspect of the matter
because herein, the recall is sought essentially on the ground
that an incorrect statement was made by the counsel, who
appeared for the Union of India in the said writ petition, which
led for its disposal wrongly.  It is stated therein that the statement
[2019] 6 S.C.R. 1059
   1059
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SUPREME COURT REPORTS
[2019] 6 S.C.R.
was made by the counsel on the basis of incorrect/wrong briefing
made to him by the concerned official. [Para 12][1062-C-E]
2.   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 counsel for the Union of India, which was based on incorrect
briefing, it would be 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.
Thus, 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.
[Paras 15 and 16][1062-G-H; 1063-A-B]
M/s Standard Metalloys Pvt. Ltd. v. Union of India
(W.P. No.7537 of 2018 decided by the High Court of
Delhi on 06.02.2019) – referred to.
CIVIL APPELLATE JURISDICTION:  Civil Appeal No. 4283
of 2019.
From the Judgment and Order dated  09.11.2017 of the High Court
of  Delhi at New Delhi in W.P. (C) No. 5734 of 2016.
Dushyant Dave, V. Giri, Sr. Advs., Aniruddha Deshmukh, Nikhil
Goel, Advs. for the Appellants.
Dhruv Gautam, Ms. Neha Agarwal, Jasmeet Singh, Kumar
Parimal, Sarad Kr. Singhania, Gurmeet Singh Makker, Arvind Kumar
Sharma,  Advs. for the Respondents.
The Judgment of the Court was delivered by
ABHAY MANOHAR SAPRE, J. 1. Leave granted.
2. This appeal is directed against the final judgment and order
dated 09.11.2017 passed by the High Court of Delhi at New Delhi in
Writ Petition (C) No.5734 of 2016 whereby the High Court disposed of
the said writ petition filed by respondent No.3 herein (original writ
petitioner before the High Court) against respondent Nos.1 and 2 herein
(Union of India and another) and set aside the order dated
30.06.2016(notified on 06.07.2016).
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3. Heard learned counsel on IA No.16352 of 2018.
4. This is an application made by the Union of India through the
Under Secretary, Ministry of Mines for appropriate directions and for
disposal of the appeal.
5. A few facts need mention for the disposal of the said application
so also the appeal, which involves a short point.
6. By impugned order, the High Court disposed of writ petition
No.5734 of 2016 filed by respondent No.3 herein (original writ petitioner
before the High Court) against respondent Nos.1 and 2 herein (Union of
India
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