Bharat Petroleum Corpn Ltd vs Lalman R. Sharma & Ors
- SCC(2011) 14 SCC 594
Ratio decidendi
The rule this decision rests on
A writ petition judgment passed by the High Court without affording the opposite party an opportunity to file a reply is vitiated by breach of the principles of natural justice, and such a judgment must be set aside and the matter remitted for reconsideration on the merits after the opposite party has been given a fair opportunity to present its case.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
BHARAT PETROLEUM CORPN.LTD. ... APPELLANT
VERSUS
LALMAN R. SHARMA & ORS. ... RESPONDENTS
O R D E R
Leave granted.
We have heard Mr.G.E.Vahanvati, learned Attorney General
for India appearing for the Bharat Petroleum Corporation Ltd. and
Mr.Aniruddha Rajput, learned counsel for the respondents.
The main grievance which has been articulated by learned
Attorney General for India is that the impugned judgment has been
passed without giving any opportunity to the appellant herein-
Bharat Petroleum Corporation Ltd. to file its reply. In other words,
the case of the appellant has not even been considered before
passing the impugned judgment/order. We see considerable force in
this submission. Consequently, the impugned order/judgment dated
25.01.2010 passed in Writ Petition No.952 of 2009 is set aside and
the matter is remitted to the High Court for deciding it in
accordance with law, after taking into consideration the reply of
the appellant herein.
: 2 :
Since the matter has been pending here for quite some
time, we request the High Court to decide it expeditiously.
The appeal is disposed of accordingly.
...................J. (DALVEER BHANDARI)
...................J. (DEEPAK VERMA)
NEW DELHI;
9TH MARCH, 2011
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