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2017 Supreme(SC) 47
SUPREME COURT OF INDIA
Kurian Joseph, A.M. Khanwilkar, JJ.
Hemraj Garg and Another – Appellants
Versus
Vishranti City Residents Welfare Society & Ors. – Respondents
Civil Appeal No(S). 350 of 2017 (Arising From SLP(C) Nos. 30576 of 2016)
Decided On : 11-01-2017
For the Parties :S.D. Anand, Sr. Adv., S.K. Kapoor, Deepak Girdhar, A. Kumar, Nikhil Goel, Ms. Naveen Goel, Ashutosh G., Sanchar Anand, Apoorv Singhal, Rajiv Singhal, Arun Singh, Devendra Singh, Jayant K. Sud, Ms. Priya Puri, Ajay P. Tushir, Ranjay Dubey, M.C. Dhingra, A. Tewari, Ms. Eliza Bar, Shree Pal Singh, Sarvesh Singh, Ms. Herinder Kaur Brar, Ankit Swarup, Ms. Tanya Swarup, Ms. Kamakshi S. Mehlwal, Birendra Kumar Mishra, Ms. Poonam Atey, Advocates.
The court has the authority to direct the filing of an application for impleadment, request the High Court to pass orders impleading parties in pending proceedings, and direct the filing of an application for modification of an impugned order.
Headnote:
Leave granted - Impugned Order - The court allowed the appeal to the extent of directing the appellants to file an application for impleadment before the High Court, requesting the High Court to pass orders impleading them in the pending proceedings, and directing the appellants to file an application for modification of the impugned order. The interim order passed by the Court on 07.10.2016 will continue to operate until fresh orders are passed.
Fact of the Case:
The appellants were aggrieved by the impugned order passed in CWP No.14927 of 2015, which was passed without hearing the appellants.
Finding of the Court:
The Court allowed the appeal to the extent of directing the appellants to file an application for impleadment before the High Court, requesting the High Court to pass orders impleading them in the pending proceedings, and directing the appellants to file an application for modification of the impugned order. The interim order passed by the Court on 07.10.2016 will continue to operate until fresh orders are passed. No costs were awarded, and pending application(s) were disposed of.
Issues: Aggrievement by the impugned order passed without hearing the appellants.
Ratio Decidendi: The court directed the appellants to file an application for impleadment, requested the High Court to pass orders impleading them in the pending proceedings, and directed the appellants to file an application for modification of the impugned order. The interim order passed by the Court on 07.10.2016 will continue to operate until fresh orders are passed.
Final Decision: The appeal was allowed to the extent of the directions given, and no costs were awarded. Pending application(s) were disposed of.
JUDGMENT
Kurian, J. - Leave granted.
2. The appellants are aggrieved by the impugned order dated 22.07.2016 passed in CWP No.14927 of 2015, which has visited the appellants with adverse consequences. It is not in dispute that the impugned orders have been passed without hearing the appellants.
3. We have considered a similar issue vide our judgment dated 11.01.2017 rendered in Civil Appeals arising out of SLP (C) Nos.28640-28641/2016.
4. Therefore, this appeal is allowed to the following extent:-
i) We direct the appellants to file an application for impleadment before the High Court within two weeks from today.
ii) We request the High Court to pass orders impleading them in the pending proceedings.
iii) We also direct the appellants to file an application for modification of the impugned order dated 22.07.2016, within a period of two weeks. If such an application is filed and if it is otherwise in order, we request the High Court to consider the said application for modification, hear the parties and pass fresh orders expeditiously and preferably within a period of three months.
5. Till the orders are passed, as above, the interim order passed by this Court on 07.10.2016 will continue to operate.
6. There shall be no order as to costs.
7. Pending application(s), if any, shall stand disposed of.
