Supreme CourtDivision Bench(2011) 07 SC CK 0173

Union of India (UOI) vs Mohan Rocky Springwater Breweries Ltd.

Supreme Court Of India · Decided on 29 July 2011 · Citation: (2011) 273 ELT 164 : (2012) 27 STR 200

HON’BLE JUDGES
Mukundakam Sharma, J · Anil R. Dave, J
RESULT
Allowed
CASE NUMBER
Petition for Special Leave to Appeal (Civil) No. 355 of 2011

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Judgment

6 paragraphs · 297 words
1.

Heard the Learned Counsel appearing for the parties.

2.

Our attention has been drawn to the contents of paragraph 5 of the impugned judgment and order Mohan Rocky Springwater Breweries Ltd. Vs. Union of India (UOI), wherein the High Court has recorded that a consensus was there between the counsel appearing for the parties at the time of hearing that there are two contradictory orders in respect of the same Petitioner which could not be allowed to hold the field. Learned Counsel appearing for the Petitioners has stated before us that there could not and should not have been such a consensus nor was there any instruction for giving such a consent by the Petitioners to the concerned counsel.

3.

We have noted the said statement.

4.

In our considered opinion, in that event, it may be a matter of review which the Petitioners should resort to in order to get proper and appropriate relief. If, in fact, no such consent was given by the counsel and if there was no such instructions by the client to the counsel, in that event, an appropriate application should be filed by the Petitioners before the High Court seeking for a review of the aforesaid contents in paragraph 5.

5.

We permit the Petitioners to withdraw this petition with a liberty to file a review petition before the High Court within a period of three weeks. If the same is filed accordingly, the High Court will entertain such petition without raising any objection with regard to the period of limitation and shall hear the petition on merits, as the matter was pending in this Court for all these periods.

6.

The SLP is disposed of as withdrawn in terms of the aforesaid order, giving aforesaid liberty to the Petitioners.