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1956 Supreme(SC) 109

S. K. DAS, S. R. DASS, P. N. BHAGWATI, B. P. SINHA, T. L. VENKATARAMA AYYAR
New Prakash Transport Company LTD. – Appellant
Versus
New Suwarna Transport Company LTD. – Respondent


Advocates:
C.K.DAFTARY, J.N.BANERJI, M.C.SETALVAD, NAUNIT LAL, P.C.AGRAWAL

Judgement

SINHA J.: This is an appeal by special leave from the judgement and order, dated September 22,1955, passed by the Letters Patent Bench of the Nagpur High Court reversing those of a single Judge of that Court, dated December 13,1954, refusing to issue a writ in the nature of a certiorari.

2. The facts of this case lie in a short compass and may be stated as follows:-The Suwarna Transport Company Limited, which will be referred to as the first respondent in the course of this judgement, held seven permits for running buses on the Buldhana-Malkapur route as the sole operator on that route. It applied for another permit for the same route. The appellant, The New Prakash Transport Co. Ltd., as also another party called the Navjivan Transport Service (not cited in this Court) applied for a similar permit on that route. On May 26,1953 all the three applicants aforesaid were beard by the Regional Transport Authority of Amraoti, which is the third respondent in the Court, in connection with the permit applied for Consideration of the several applications was postponed, but a resolution was passed to the effect that "No one service should have monopoly on Buldhana-Malkapur route". O


































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