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2023 Supreme(SC) 947

SUPREME COURT OF INDIA
Dr. Dhananjaya Y. Chandrachud, CJI., Pamidighantam Sri Narasimha, J.B. Pardiwala, JJ.
National Legal Services Authority – Appellant
Versus
Union of India & Ors. – Respondents
Miscellaneous Application No. 396 of 2023 in W.P.(C) No. 400 of 2012 (Arising out of impugned final judgment and order dated 15-04-2014 in W.P.(C) No. No. 400 of 2012 passed by the Supreme Court of India)
Decided On : 27-03-2023

Advocates Appeared:
Ms. Jayna Kothari, Sr. Advocate, Ms. Anindita Pujari, Advocate, Mr. Siddhartha Srivastava, Advocate, Mr. Abhineet Arvind, Advocate, Mr. Maitreya Saha, Advocate, Ms. Radhika Mohapatra, Advocate, Mr. M Saha, Advocate, Mr. Raghav Gupta, Advocate, for the Appellant; Mr. Tushar Mehta, SG, Mr. K M Nataraj, ASG, Mr. Rajat Nair, Advocate, Mr. Vatsal Noshi, Advocate, Mr. Gautam Bhardwaj, Advocate, Mr. Anil Shrivastav, Advocate, Mr. Ashok Kumar Singh, Advocate, Mr. Shantwanu Singh, Advocate, Ms. Pragya Singh, Advocate, Mr. Akshay Singh, Advocate, Mr. Sunny Singh, Advocate, Mrs. Kirti Renu Mishra, Advocate, M/S. Arputham Aruna And Co, Advocate, Ms. Hemantika Wahi, Advocate, Mr. Gopal Singh, Advocate, Mrs. Anil Katiyar, Advocate, Ms. G. Indira, Advocate, Mr. Parijat Sinha, Advocate, Mr. Mishra Saurabh, Advocate, Mr. Rahul Kaushik, Advocate, Mr. B. Balaji, Advocate, Ms. K. Enatoli Sema, Advocate, Ms. Limayinla Jamir, Advocate, Mr. Amit Kumar Singh, Advocate, Ms. Chubalemla Chang, Advocate, Mr. Prang Newmai, Advocate, Mr. Sudarshan Singh Rawat, Advocate, Mr. Devender Saini, Advocate, Mr. Sanjay Kumar Visen, Advocate, Ms. Himani Bhatnagar, Advocate, Mr. Jogy Scaria, Advocate, Mr. Pradeep Kumar Gupta, Advocate, Ms. Beena Victor, Advocate, Mr. Vivek Guruprasad Ballekere, Advocate, Mr. Sunil Fernandes, Advocate, Ms. Pragati Neekhra, Advocate, Mr. P. V. Yogeswaran, Advocate, M/S. Corporate Law Group, Advocate, Mr. V. N. Raghupathy, Advocate, Mr. Manendra Pal Gupta, Advocate, Ms. Asha Gopalan Nair, Advocate, for the Respondent.

A Miscellaneous Application in a disposed of proceedings should not be entertained, but the applicant should be allowed to pursue other remedies available in law.

Headnote:
Miscellaneous Application - Disposed of Proceedings - The court declined to entertain a Miscellaneous Application in a disposed of proceedings and dismissed the application, but granted the applicant the liberty to pursue other remedies available in law.
Fact of the Case:

The court declined to entertain a Miscellaneous Application in a disposed of proceedings and dismissed the application, but granted the applicant the liberty to pursue other remedies available in law.
Finding of the Court:

The court found that it was not inclined to entertain a Miscellaneous Application in a disposed of proceedings and accordingly dismissed the application, but granted the applicant the liberty to pursue other remedies available in law.
Issues:
Ratio Decidendi: The court's decision was based on the principle that a Miscellaneous Application in a disposed of proceedings should not be entertained, but the applicant should be allowed to pursue other remedies available in law.
Final Decision: The Miscellaneous Application was dismissed, but the applicant was granted the liberty to pursue other remedies available in law.

ORDER

1. We are not inclined to entertain a Miscellaneous Application in a disposed of proceedings.

2. The Miscellaneous Application is accordingly dismissed.

3. However, the applicant would be at liberty to pursue such remedies as are independently available in law.

4. Pending applications, if any, stand disposed of.

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2023 Supreme(SC) 947

A Miscellaneous Application in a disposed of proceedings should not be entertained, but the applicant should be allowed to pursue other remedies available in law.

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