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2004 Supreme(SC) 718

Supreme Court Of India
ECONOMIC TRANSPORT ORGANISATION, DELHI
Versus
CHARAN SHIPPING MILLS (P) LTD.
Decided on July 21, 2004

Headnote:

Constitution of India- Article 32- Reference to Larger Bench-Two learned Judges doubted the correctness of the view taken by a Bench of three learned judges- All the counsels for parties having common interest directed to hold a conference and prepare a common synopsis of submissions- The request for intervention allowed to the extent that the intervenors shall have the liberty of addressing the court if the points on which they wish to make.( paras 1,2 and 4 )

( 1 ) THE order of reference is by two learned Judges who have doubted the correctness of the view taken by a Bench of three learned Judges.

( 2 ) THE matter is to be heard by a Bench of three Judges.

( 3 ) THIS is a group of matters raising common/connected questions of law for hearing. The parties are represented by a number of different counsel.

( 4 ) TO expedite the hearing and decision, the following directions are made:

( 5 ) ALL the counsel for parties having common interest should hold a conference and prepare a common synopsis of submissions stating: (1) brief relevant facts; (2) points arising for decision; (3) pleas sought to be urged; and (4) list of authorities relied on (in support of each of the pleas ). (Reference to specific paragraphs be mentioned.) such synopsis shall be filed within three weeks under copy to each of the counsel opposite.

( 6 ) WE request the learned counsel for each set of parties to decide as amongst themselves who will lead in making submissions. In the event of more than one submissions, the same may be divided between different counsel. In any case, repetition of submissions has to be avoided.

( 7 ) AT the end of hearing, the Court may permit filing of detailed note of submissions, if necessary.

( 8 ) THE prayer for intervention is allowed to the extent that the intervenors shall have the liberty of addressing the Court if the points on which they wish to make submissions are not covered by the submissions made by the counsel for the parties.

( 9 ) LIST for hearing thereafter.

( 10 ) COURT Masters

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