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2001 DIGILAW 105 (SC)

Central Coalfields Limited v. Special Smokeless Fuel Manufactures Association

2001-01-15

A.S.ANAND, R.C.LAHOTI

body2001
ORDER : A.S.ANAND, CJI. Delay in filing rejoinder affidavit is condoned. Leave granted. 2. Heard learned counsel for the parties. We dispose of this appeal with the clarification that the orders made by this Court in Civil Appeal No.6317 of 1998 on March 22, 1999 shall not come in the way of either party to seek appropriate relief from the High Court should there be any change of circumstances. Thus, whether there is any justification for modification of the judgment and order dated 28.11.1997 passed in CWJC No.2750 of 1997, in the light of what we have said above, shall have to be decided by the High Court, uninfluenced by the orders made by this Court in Civil Appeal No.6317 of 1998 on March 22, 1999. 3. The impugned order dated 16.03.2000 is accordingly set aside. The application seeking modification is remanded to High Court for its fresh disposal in the light of what we have said above. It shall be open to the respondent to raise all such objections in the High Court as are permissible in law, including the preliminary objection to maintainability of the application. The appeal is disposed of in the above terms. No costs.