1. Petitions raising issues akin to a pending appeal directed to be heard by Constitution Bench. (Para 2 )
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2011 Supreme(SC) 1197
SUPREME COURT OF INDIA
S.H. KAPADIA, CJI., A.K. PATNAIK, SWATANTER KUMAR, JJ.
Bharat Aluminium Company - Appellant
Versus
Kaiser Aluminium Technical - Respondent.
Civil Appeals No. 7019 of 2005 with Nos. 6284 of 2004, 3678 of 2007 and Transferred Case (C) No. 35 of 2007.
Decided on : 01-11-2011
The court ordered that related special leave petitions with similar issues be tagged and heard together with a main civil appeal before the Constitution Bench, while allowing parties a specified timeframe to complete their pleadings.
Headnote:(A) Procedural Order - Scheduling of matters before the Constitution Bench - Tagging of related petitions - Completion of pleadings (Paras 1-3)
Facts of the case:
Certain civil appeals and special leave petitions were brought before the court. It was submitted that the issues arising in the special leave petitions were similar to those involved in the main civil appeal.
Findings of Court:
The court directed that the related matters be placed before the Constitution Bench on a specified date and granted the parties liberty to complete their pleadings within four weeks.
Issues: Whether related special leave petitions should be tagged and heard together with a main civil appeal before the Constitution Bench.
Ratio Decidendi: When issues in multiple petitions are akin to those in a main appeal, such petitions are to be tagged and heard together before the same bench to ensure a coordinated adjudication of the legal questions involved.
Result: Matters placed before the Constitution Bench for hearing.
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ORDER :
S. H. Kapadia, CJI.
Place these matters on 10-1-2012, before the Constitution Bench. Liberty is granted to the parties to complete the pleadings within four weeks from today.
SLPs (C) Nos. 27824 and 27841 of 2011
2. Taken on Board. Mr Amar Dave, learned counsel for the petitioner(s), mentioned these petitions and stated that issues arising in these petitions are akin to Civil Appeal No. 7019 of 2005 and connected matters. Hence, these petitions be also taken up for hearing along with Civil Appeal No. 7019 of 2005 before the Constitution Bench.
3. We order accordingly.
