VEDANTA LTD. (FORMERLY KNOWN AS M/S SESA STERLITE LTD.) versus THE GOA FOUNDATION & ORS.

Citation: [2021] 7 S.C.R. 240 · Decided: 09-07-2021 · Supreme Court of India · Bench: D.Y. CHANDRACHUD · Disposal: Dismissed
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Judgment (excerpt)

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240
SUPREME COURT REPORTS
[2021] 7 S.C.R.
VEDANTA LTD. (FORMERLY KNOWN AS
M/S SESA STERLITE LTD.)
v.
THE GOA FOUNDATION & ORS.
(Review Petition (Civil) Diary No. 18447 of 2020)
JULY 09, 2021
[DR. DHANANJAYA Y CHANDRACHUD AND
M. R. SHAH, JJ.]
Supreme Court Rules, 2013: Or.XLVII r.2 – Review of a
judgment – Limitation – In accordance with r.2 of Or.XLVII, an
application for review of a judgment has to be filed within thirty
days of the date of the judgment or order that in sought to be
reviewed – No cogent grounds were furnished for the delay between
20 and 26 months by the two parties in filing their applications for
review – Review petitions were filed after the judges who delivered
the judgments retired from the Court – Such practice is firmly
disapproved to preserve the institutional sanctity of the decision
making of the Court – Review petitioners were aware of the decision
– Review petitions dismissed on the ground of limitation alone –
However, in any event, no legitimate grounds for review of the
judgment were made out and the review petitions dismissed on merits
as well.
Dismissing the review petitions, the Court
HELD: The judges comprising the two-judge bench in
GoaFoundation II, Justices Madan B Lokur and Deepak Gupta,
retired from this Court on 30 December 2018 and 6 May 2020,
respectively. The State of Goa preferred its four review petitions
in the month of November 2019, after Justice Madan B Lokur’s
retirement, while Vedanta Limited preferred its four review
petitions in the month of August 2020, right after Justice Deepak
Gupta’s retirement. Such practice must be firmly disapproved to
preserve the institutional sanctity of the decision making of this
Court. The review petitioners were aware of the decision of this
Court. The review petitions are dismissed on the ground of
[2021] 7 S.C.R. 240
240
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limitation alone. However, in any event, no legitimate grounds
for review of the judgment in Goa Foundation II have been
made out and the review petitions are dismissed on merits as
well. [Paras 2, 3][242-C-E]
Goa foundation vs Sesa Sterlite Limited & Ors. (2018)
4 SCC 218:[2018] 2 SCR 361 – referred to
Case Law Reference
[2018] 2 SCR 361
referred to
Para 1
INHERENT JURISDICTION: Review Petition (Civil) Diary
No.18447 of 2020
In
Special Leave Petition (Civil) No.32138 of 2015
From the Judgment and Order dated 07.02.2018 of the Supreme
Court of India in Special Leave Petition (Civil) No.32138 of 2015, Special
Leave Petition (Civil) No.32699 of 2015 and Writ Petition Nos.720 and
711 of 2015
With
Review Petition (C) Diary No.41515 of 2019 in SLP (C) No.32138
of 2015, Review Petition (C) Diary No.41517 of 2019 in Writ Petition
(C) No.720 of 2015, Review Petition (C) Diary No.41543 of 2019 in
SLP (C) No.32699-32727 of 2015, Review Petition (C) Diary No.41545
of 2019 in Writ Petition (C) No.711 of 2015, Review Petition (C) Diary
No.18430 of 2020 in SLP (C) No.32707 of 2015, Review Petition (C)
Diary No.18435 of 2020 in Writ Petition (C) No.711 of 2015 and Review
Petition (C) Diary No.18438 of 2020 in Writ Petition (C) No.720 of 2015.
By Circulation
The Judgment of the Court was delivered by
DR. DHANANJAYA Y CHANDRACHUD, J.
1. The review petitions have been preferred by the State of Goa
(Diary No 41515 of 2019 and Diary No 41517 of 2019, both with a delay
of 650 days and Diary No 41453 of 2019 and Diary No 41545 of 2019,
both with a delay of 651 days) and by Vedanta Limited (formerly known
VEDANTA LTD. v. THE GOA FOUNDATION
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SUPREME COURT REPORTS
[2021] 7 S.C.R.
as M/s Sesa Sterlite Limited) (Diary No 18430 of 2020, Diary No 18435
of 2020, Diary No 18438 of 2020 and Diary No 18447 of 2020, all four
with a delay of 907 days) against the judgement of a two-judge bench of
this Court in Goa Foundation v.Sesa Sterlite Limited &Ors.1,
pronounced on 7 February 2018.
2. In accordance with Rule 2 of Order XLVII of the Supreme
Court Rules, 2013, an application for review of a judgement has to be
filed within thirty days of the date of the judgement or order that is sought
to be reviewed. No cogent grounds have been furnished for the delay
between 20 and 26 months by the two parties in filing their applications
for review. The judges comprising the two-judge bench in Goa
Foundation II, Justices Madan B Lokur and Deepak Gupta, retired
from this Court on 30 December 2018 and 6 May 2020, respectively.
The State of Goa preferred its four review petitions in the month of
November
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