Back
2009(7) Supreme 417
SUPREME COURT OF INDIA
DR. Mukund Akam Sharma and Dr. B.S. Chauhan, JJ.
Rajni Tandon — Appellant
versus
Dulal Ranjan Ghosh Dastidar and Anr. — Respondents
I.A.NO. 5 In Civil Appeal No. 4671 of 2004
Decided on :16-11-2009
Facts of the Case :
Present application has been filed by the respondents praying for re-hearing of the appeal which was disposed of by this Court by judgment and order dated 29.7.2009.
Findings of the Court :
Appeal was directed to be listed for hearing during the Summer Vacation under the heading “Specially Directed Matter”, by an order dated 25.11.2008 .Notice was issued by Registry on 15.5.2009 intimating all the advocates, that the matter would be listed during the Summer Vacation and would not be deleted from the Vacation Bench. In terms of the said order, the matter was listed before on 18.5.2009. Record of Proceedings dated 18.5.2009 indicated the presence of the advocates for the respondents, in whose presence the matter was directed to be listed for hearing on 19.5.2009.On 19.5.2009, only the counsel for the appellant appeared and none appeared for the respondents. After hearing counsel for the appellant, hearing was concluded and the matter was reserved for judgment-The judgment ultimately came to be delivered on 29.7.2009. In view of said position, no ground to entertain application for re-hearing which was rejected.
ORDER
1. This is an application filed by the respondents praying for re-hearing of the appeal which was disposed of by this Court by judgment and order dated 29.7.2009.
2. This appeal was directed to be listed for hearing during the Summer Vacation under the heading “Specially Directed Matter”, by an order dated 25.11.2008 passed by the Bench presided over by Hon’ble the Chief Justice, pursuant to which an Advance List was issued for the convenience of the Bar, with the remarks “No letter for deletion will be entertained in the Specially Directed Matters.” The records before us also disclose that a notice was issued by the Registry on 15.5.2009 intimating all the advocates, including the advocates herein, that the matter would be listed during the Summer Vacation and would not be deleted from the Vacation Bench.
3. In terms of the aforesaid order, the matter was listed before us on 18.5.2009. The records also disclose that on 18.5.2009, Mr. Abhijit Sengupta and Mr. Ranjan Mukherjee appeared for the respondents. But Mr. Ranjan Mukherjee who is present in Court today disputes the fact that he was present in Court on that date. Be that as it may, the Record of Proceedings dated 18.5.2009 indicates the presence of the advocates for the respondents, in whose presence the matter was directed to be listed for hearing on 19.5.2009.
4. On 19.5.2009, only the counsel for the appellant appeared and none appeared for the respondents. After hearing the learned counsel for the appellant, hearing was concluded and the matter was reserved for judgment. The judgment ultimately came to be delivered on 29.7.2009.
5. In view of the aforesaid position, we find no ground to entertain this application for re-hearing which stands rejected.
***********
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
