M/S. Bharat Coking
Coal Ltd., & Ors. V. M/S Sarswati Hard Coke Manufacturers&Ors 
INSC 1845 (3 November 2008)
JURISDICTION CIVIL APPEAL NO.6413 OF 2008 (Arising out of S.L.P. (C) No.8503 of
2007) M/s. Bharat Coking Coal Ltd. & Ors. ...Appellant(s) Versus M/s.
Saraswati Hard Coke Manufacturers & Ors. ...Respondent(s) O R D E R Heard
learned counsel for both the sides.
Against the order of
the High Court dated 26th April, 2006, passed in L.P.A. No.121 of 2005, the
appellants have moved this Court.
By the impugned
order, the Division Bench of the High Court, by referring to letter dated 8th
September, 2003, disposed of the Letters Patent Appeal as in fructuous. It is
relevant to refer to the earlier order of this Court dated 11th February, 2005,
which reads as under:
"The appeal is
allowed, the impugned order is set aside and the matter is remitted to the
Division bench of the High Court to consider the LPA on merits in accordance
with law, as expeditiously as possible, without being prejudiced by any
observation made in this order."
counsel appearing for the respondent once again referred to the letter dated
8th September, 2003, in view of the specific order passed by this Court
requesting the High Court to consider the Letters Patent Appeal on merits and
dispose of the same in accordance with law, we are of the view that the High
Court has not adverted to the said direction and disposed of the appeal as
infructuous which, according to us, is not in accordance with the order of this
Court dated 11th February, 2005. In such circumstances, the impugned order of
the High Court is set aside and the matter is remitted to the High Court with a
request to consider and dispose of the Letters Patent Appeal on merits and in
accordance with law, expeditiously.
The civil appeal is
allowed in the above terms.
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