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2009 Supreme(Mad) 2232

K.CHANDRU
Dow Chemical International Pvt. Ltd. Represented by Ms. Ramolla Karnani Company Secretary – Appellant
Versus
Nithyanandam & Others – Respondent


Advocates Appeared:
For the Applicant:R. Muthukumarasamy, SC, R. Senthilkumar, Advocate. For the Respondents: --------

Judgment :-


The night of second December, 1984, was a black letter day for the Indian people when toxic gas emanated from the Union Carbide India Limited (UCIL) (owned by a multi national company viz. Union Carbide Corporation (UCC), with whom the plaintiff Company got merged itself during February, 2001) killed as many as 3000 people. Over 200,000 people got severe injuries. The case for its tort liability filed against the said company though reached its finality, the victims of the holocaust are yet to be completely rehabilitated. Speaking about the Bhopal litigation, Dr.Upendra Baxi in his book in "Inconvenient Forum and Convenient Catastrophe : The Bhopal case" (N.M. Tripathi Pvt. Ltd., Bombay 1986), noted as follows:

"The Bhopal litigation is unparalleled in the abundance of its ironies. And the cruelest and the most saddening of all these is provided by the fact that all these Herculean endeavours are for the 200,000 odd Bhopal victims who are being further revictimized in the process." (Page.2)

2.Justice V.R.Krishna Iyer made the following poignant comment in his book in "A Constitutional Miscellany" (Eastern Book Company, Lucknow, 1986):

"The ghastly assassination of Indir





























































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