Suresh Srivastava vs Sundeep Bhutoria

REPORTABLE

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 2086 OF 2022 (Arising out of SLP(C) No. 4391 of 2022)

SURESH SRIVASTAVA & ORS. ……Appellant(s)

VERSUS

SUNDEEP BHUTORIA ……Respondent(s)

O R D E R

Leave granted.

Having heard Mr. Pallav Shishodia, learned senior counsel for

the appellants and Mr. Gopal Sankaranarayanan, learned senior

counsel for the sole respondent, we are not inclined to consider

interference in the core of the questioned part of impugned order

dated 17.02.2022 (from paragraph 11 onwards), insofar as the High

Court has considered it proper to direct registration of a Public

Interest Litigation (‘PIL’) concerning the association in question,

i.e., Indian Federation of United Nations Association, particularly

having regard to the prima facie observations of the High Court,

indicating the reasons for registering such a PIL after disposal of

the main matter involved in LPA No. 126 of 2022.

Learned senior counsel for the appellants has attempted to

make several submissions as regards the stand of appellants and Signature Not Verified Digitally signed by Indu Marwah Date: 2022.03.23

that the dispute between them and the respondent is pending in 17:43:31 IST Reason:

Civil Suit No. 554 of 2019 in the Court of Additional District

Judge-3, South District, Saket Courts, New Delhi. However, we are 2

of the view that all such submissions and all the relevant facts

and factors which, in the prima facie opinion of the High Court

require clarification, ought to be projected before the High Court.

Thus, we leave it open for the appellants to make all the

appropriate submissions before the High Court as regards their

response to the observations in the order impugned as also their

propositions/objections.

Even when we are not inclined to interfere with the matter at

this stage, while leaving it open for the appellants to make all

the relevant submissions before the High Court, we are of the view

that when the High Court has registered the matter as a PIL, it

ought to be dealt with as a non-adversarial litigation.

In this context, noticeable it is that the respondent of the

present appeal, who is said to have brought certain facts to the

notice of the High Court, is, otherwise, standing in the capacity

of a disputant qua the present appellants. That being the position,

the observations made in paragraph 17 of the order impugned, where

the High Court has permitted the respondent to assist the Court and

thereby has practically assigned him the role of an amicus, do not

appear compatible with the requirements of a PIL.

Therefore, we are inclined to annul the said paragraph 17 of

the impugned order. In other words, we leave the matter open to be

dealt with as a PIL; and all the relevant aspects of the matter are

left open for the examination by the High Court with the assistance

of amicus curiae, who has also been appointed in terms of paragraph

18 of the order impugned.

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Subject to the observations foregoing, this appeal stands

disposed of at this stage itself.

It goes without saying that we have not expressed any opinion

on the merits of the case either way.

……………………………………………J. [DINESH MAHESHWARI]

…………………………………………J. [ANIRUDDHA BOSE] New Delhi;

March 21, 2022.

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ITEM NO.9 Court 14 (Video Conferencing) SECTION XIV

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition for Special Leave to Appeal (C) No. 4391/2022

(Arising out of impugned final judgment and order dated 17-02-2022 in LPA No. 126/2022 passed by the High Court of Delhi at New Delhi)

SURESH SRIVASTAVA & ORS. Petitioner(s) VERSUS

SUNDEEP BHUTORIA Respondent(s)

(FOR ADMISSION and I.R. and IA No.36007/2022-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT)

Date : 21-03-2022 This petition was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE DINESH MAHESHWARI HON'BLE MR. JUSTICE ANIRUDDHA BOSE

For Petitioner(s) Mr. Pallav Shishodia, Sr. Adv.

Ms. Garima Prashad, Sr. Adv. Mr. Surjendu Sankar Das, AOR Ms. Tanya Tikiya, Adv.

For Respondent(s) Mr. Gopal Shankaranarayanan, Sr. Adv. Mr. Ashok Kumar Jain, Adv. Mr. Avneesh Garg, Adv. Mrs. Meenakshi Jain, Adv. Mr. Bijoy Kumar Jain, AOR

UPON hearing the counsel the Court made the following O R D E R

Leave granted.

The appeal stands disposed of in terms of the reportable

Signed Order.

All pending applications stand disposed of.

(SHRADDHA MISHRA) (RANJANA SHAILEY) SENIOR PERSONAL ASSISTANT COURT MASTER (NSH) (Signed reportable order is placed on the file)