1. Appeal against an order passed by a tribunal without notice to the party concerned. (Para 2 )
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2021 Supreme(SC) 968
SUPREME COURT OF INDIA
Sanjiv Khanna, Bela M. Trivedi, JJ.
Ultimate V Carbon – Appellant
Versus
The District Environmental Engineer & Ors. – Respondents
Civil Appeal No. ….. of 2021 (Diary No. 21275 of 2021)
Decided On : 20-09-2021
Important Points
Importance of providing notice and opportunity to be heard before passing orders, and the right to file review applications and seek condonation of delay if necessary
Subject
Civil Law - Appellate Procedure
Headnote
Notice - National Green Tribunal Order - The court granted permission to file the civil appeal, noting that the impugned order by the National Green Tribunal was passed without notice to the appellant, who were never heard. The appellant was given the opportunity to file a review application before the National Green Tribunal to press their stance and case, and if the review application was barred by limitation, they could move an application for condonation of delay.
Fact of the Case:
The appellant was not given notice and opportunity to be heard in the impugned order by the National Green Tribunal, Southern Zone, Chennai. The appellant sought permission to file a civil appeal, claiming compliance with statutory norms.
Finding of the Court:
The court granted permission to file the civil appeal and directed the appellant to file a review application before the National Green Tribunal. The court disposed of the civil appeal without foreclosing the right of the appellant to subsequently challenge the impugned judgment.
Issues: Lack of notice and opportunity to be heard, compliance with statutory norms, review application, condonation of delay
Ratio Decidendi: The court emphasized the importance of providing notice and opportunity to be heard, and allowed the appellant to file a review application and move for condonation of delay if necessary.
Final Decision: The court granted permission to file the civil appeal, directed the appellant to file a review application, and disposed of the civil appeal without foreclosing the right of the appellant to subsequently challenge the impugned judgment.
Legal Category Hierarchy
Table of Contents
2. Order passed without notice to the party — Claim of compliance with statutory norms. (Para 2 )
3. Party may file a review application; delay in filing may be condoned considering the filing of the present appeal. (Para 4 , 5 )
4. Filing of an appeal may be considered as a valid ground for condonation of delay in filing a subsequent review application. (Para 5 )
5. Civil appeal disposed of — Liberty granted to file review application and subsequently challenge the impugned judgment. (Para 4 , 6 )
6. Can a party seek review of a tribunal order passed without notice?
Yes, the court held that it is open to the aggrieved party to file a review application before the tribunal to press their stance and case. (Para 4 )
7. Can the filing of an appeal be used to condone delay in filing a review application?
Yes, an application for condonation of delay in filing a review application may be considered by the tribunal giving due regard to the fact that the party had filed an appeal. (Para 5 )
ORDER :
1. Permission to file the civil appeal is granted.
2. Mr. Kapil Sibal, learned senior counsel, submits that the impugned order by the National Green Tribunal, Southern Zone, Chennai, was without notice to the appellant, who were never heard. Appellant, it is stated, is compliant with the statutory norms.
3. The impugned order refers to arguments by an association of charcoal manufacturers who had intervened and were heard before the impugned order was passed.
4. Be that as it may, it would be open to the appellants to file a review application before the National Green Tribunal, Southern Zone, Chennai, to press their stance and case. Review application, if filed, would be considered on grounds as permissible in law.
5. Learned senior counsel for the appellant states that the review application may be barred by limitation. If that be so, it will be open to the appellant to move an application for condonation of delay, which application would be considered giving due regard to the fact that the appellant had filed the present appeal.
6. With the aforesaid observations, the civil appeal is disposed of without foreclosing the right of the appellant to subsequently challenge the impugned judgment
7. Pending application(s), if any, stand disposed of.
