Tandon Vs. Dulal Ranjan Ghosh Dastidar & ANR.  INSC 1737 (16 November
SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION I.A.NO. 5 IN CIVIL APPEAL
NO. 4671 OF 2004 RAJNI TANDON APPELLANT(S) :VERSUS:
O R D E R
an application filed by the respondents praying for re-hearing of the appeal
which was disposed of by this Court by judgment and order dated 29.7.2009.
appeal was directed to be listed for hearing during the Summer Vacation under
the heading "Specially Directed Matter", by an order dated 25.11.2008
passed by the Bench presided over by Hon'ble the Chief Justice, pursuant to
which an Advance List was issued for the convenience of the Bar, with the
remarks "No letter for deletion will be entertained in the Specially
Directed Matters." The records before us also disclose that a 2 notice was
issued by the Registry on 15.5.2009 intimating all the advocates, including the
advocates herein that the matter would be listed during the Summer Vacation and
would not be deleted from the Vacation Bench.
of the aforesaid order, the matter was listed before us on 18.5.2009. The
records also disclose that on 18.5.2009, Mr. Abhijit Sengupta and Mr. Ranjan
Mukherjee appeared for the respondents. But Mr. Ranjan Mukherjee who is present
in Court today disputes the fact that he was present in Court on that date. Be
that as it may, the Record of Proceedings dated 18.5.2009 indicates the
presence of the advocates for the respondents, in whose presence the matter was
directed to be listed for hearing on 19.5.2009.
19.5.2009, only the counsel for the appellant appeared and none appeared for
the respondents. After hearing the learned counsel for the appellant, hearing
was concluded and the matter was reserved for judgment.
judgment ultimately came to be delivered on 29.7.2009.
3 In view
of the aforesaid position, we find no ground to entertain this application for
re-hearing which stands rejected.
.....................J (DR. MUKUNDAKAM SHARMA)
.....................J (DR. B.S. CHAUHAN)
November 16, 2009.