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SUPREME COURT OF INDIA
ANIL R. DAVE, L. NAGESWARA RAO, JJ.
Allahabad Development Authority - Appellant
Versus
M/s. The General Fibre Dealers & Anr. - Respondents
Civil Appeal No. 8381 of 2016 (Arising out of SLP(C) No. 25267 of 2010)
Decided On : 29-08-2016
Record and Proceedings - High Court - The High Court should have called for the record and proceedings and given reasons for coming to a particular conclusion at the time of disposal of the First Appeal.
Fact of the Case:
The High Court did not call for the record and proceedings or give reasons for its conclusion at the time of disposal of the First Appeal.
Finding of the Court:
The impugned judgment is set aside and the matter is remanded to the High Court for a fresh hearing. The High Court is directed to decide the appeal expeditiously, preferably within six months from the date of the first hearing.
Issues: Failure of the High Court to call for the record and proceedings and provide reasons for its conclusion.
Ratio Decidendi: The High Court should have called for the record and proceedings and given reasons for its conclusion at the time of disposal of the First Appeal.
Final Decision: The appeal is disposed of as allowed with no orders as to costs.
JUDGMENT :
Anil R. Dave, J.
1. Leave granted.
2. We have heard learned counsel for the parties and perused the impugned judgment.
3. In our opinion, at the time of disposal of the First Appeal, the High Court should have called for the record and proceedings and should have given reasons for coming to a particular conclusion but that has not been done.
4. In such circumstances, the impugned judgment is set aside and the matter is remanded to the High Court so that it can be heard afresh.
5. The parties shall appear before the High Court on 5.9.2016 so that the date of further hearing can be decided.
6. We are sure that the High Court will decide the appeal expeditiously, preferably within six months from the date of the first hearing.
7. With the above observations and directions, the appeal is disposed of as allowed with no orders as to costs.
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