Union of India vs Namit Sharma

This is a petition for review of the judgment and order dated 13th September, 2012 in Writ Petition (c) No. 210 of 2012 along with an application for oral hearing under Order XL Rule 3 of the Supreme Court Rules, 1966.

Order XL Rule 3 of the Supreme Court Rules, 1966 provides as under: R.P. (C) No. 2309 of 2012

[Unless otherwise ordered by the Court] an application for review shall be disposed of by circulation without any oral arguments, but the Petitioner may supplement his petition by additional written arguments. The Court may either dismiss the petition or direct notice to the opposite party. An application for review shall as far as practicable be circulated to the same Judge or Bench of Judges that delivered the judgment or order sought to be reviewed.

The language of Order XL Rule 3 of Part VIII of the Supreme Court Rules, 1966 makes it clear that an application for review shall be disposed of by circulation without any oral arguments "unless otherwise ordered by the Court. " The Court is of the opinion that it should hear the oral arguments before passing any order on the application for review.

Hence, the Registry is directed to list this matter before the Court for hearing.