Association Of Old Settlers Of Sikkim President Shri Ram Chandra Mundra S/O Late Murlidharmundra vs Union Of India Ministry Of Finance Secretary General

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(SC) 97

M. R. SHAH, B. V. NAGARATHNA
Association Of Old Settlers Of Sikkim President Shri Ram Chandra Mundra S/O Late Murlidharmundra – Appellant
Versus
Union Of India Ministry Of Finance Secretary General – Respondent

Advocates appeared:
For the Petitioner(s): Mr. Senthil Jagadeesan, AOR Ms. Haripriya Padmanabhan, Adv. Ms. Pooja Dhar, AOR
For the Respondent(s): M/S. Arputham Aruna And Co, AOR Mr. N Venkataraman, A.S.G. Mr. H R Rao, Adv. Mr. Devashish Bharukha, Adv. Mr. Sughosh Subramanium, Adv. Mr. Rajat Nair, Adv. Mr. Bhuvan Kapoor, Adv. Mr. Pranay Ranjan, Adv. Mr. Vikrant Yadav, Adv. Ms. C. Bharti, Adv. Mrs. Gargi Khanna, Adv. Mr. Raj Bahadur Yadav, AOR Mrs. Anil Katiyar, AOR Mr. Sameer Abhyankar, AOR Ms. Nishi Sangtani, Adv. Ms. Vani Vandana Chhetri, Adv. Mr. Narendra Kumar, AOR Ms. Neha Rathi, AOR Mr. Pranav Sachdeva, Adv. Mr. Kamal Kishore, Adv. Mr. Jatin Bhardwaj, Adv.

ORDER :

1. Petitioner No.4, the Union of India as well as the State of Sikkim have filed applications seeking correction of certain phrases in paragraphs 10(a) and 77 of my judgment (B.V. Nagarathna, J) disposing of Writ Petition (C) NO.59/2013 along with the connected writ petition on 13.01.2023.

2. It is noted that, in the said writ petition(s), there was an amended writ petition filed, pursuant to an application seeking amendment, namely, I.A. No.3A of 2013, being allowed on 02.08.2013 and the petitioners being granted leave to file the amended writ petition vide paragraphs 4(a) to 4(y) of I.A.No.3A of 2013. Consequently, the amendments were made in the Writ Petition.

3. Unfortunately, learned senior counsel appearing for the writ petitioners and other counsel appearing for the respective parties in the said matter did not bring to the notice of this Court the aforesaid substantial amendments made to the original writ petition(s). It was, infact, their duty to bring to the notice of this Court the said amendments, which were twenty five in number. As a result, the unamended writ petition has been taken into consideration for the purpose of referring to the pleadings in the judgment

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2023 Supreme(SC) 97

M. R. SHAH, B. V. NAGARATHNAAssociation Of Old Settlers Of Sikkim President Shri Ram Chandra Mundra S/O Late Murlidharmundra – AppellantVersusUnion Of India Ministry Of Finance Secretary General – Respondent

M. R. SHAH, B. V. NAGARATHNA
Association Of Old Settlers Of Sikkim President Shri Ram Chandra Mundra S/O Late Murlidharmundra – Appellant
Versus
Union Of India Ministry Of Finance Secretary General – Respondent