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1995 DIGILAW 1138 (SC)

Assam State Electricity Board v. Federation of Industries of North Eastern Region

1995-10-10

J.S.VERMA, K.VENKATASWAMI, N.P.SINGH

body1995
JUDGMENT : 1. Leave granted. 2. In the facts and circumstances of the case, there can be no doubt that the impugned order dated 28.9.1995 made by the learned Single Judge (Mrs. M. Sharma, J.) of the Gauhati High Court is wholly unsustainable. 3. Mr. Kapil Sibal, learned senior counsel appearing for the respondents, therefore, made no attempt to support the making of the application by the respondents in the High Court or the impugned order of the learned Single Judge made thereon. Shri Sibal submitted that the respondents' remedy was to approach this Court and this has now been done by filing an S.L.P. today. There is no occasion for us to make any comment on the merit of the S.L.P. now tiled by the respondents in this Court, which would be heard and decided in accordance with law when it is listed. It is sufficient for us to observe that it was indeed inappropriate for the learned Judge in the High Court to have entertained the application of the respondents and to have made the impugned order dated 28.9.1995 thereon. It is more so in view of the earlier orders of this Court in this litigation, particularly order dated 28.4.1995. We need not say anything more in this respect. 4. The appeal is allowed. The impugned order is set aside.