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2017 DIGILAW 77 (SC)

SURINDER KUMAR BANSAL v. VISHRANTI CITY RESIDENTS WELFARE

2017-01-11

A.M.KHANWILKAR, KURIAN JOSEPH

body2017
JUDGMENT Kurian, J. Leave granted. 2. The appellants are aggrieved since adverse orders have been passed against them by the High Court, as per the impugned order, without hearing them. It is not in dispute that the orders passed against the appellants adversely affect them. Equally, it is not in dispute that their impleadment applications have been rejected. In this context, it is relevant to note that the appellants approached the High Court by way of applications for impleadment pursuant to the liberty granted by this Court vide order dated 26.10.2015. 3. Be that as it may, in view of the above factual matrix it will be just and proper if the appellants are impleaded in the pending proceedings before the High Court and they are heard by the Court as far as modification of the impugned orders are concerned. 4. We make it clear that we have not expressed any opinion on the merits of the case, since we interfered with the order only on the above ground. 5. Therefore, these appeals are allowed to the extent indicated below:- i) The appellants herein will stand impleaded in the pending proceedings before the High Court. ii) They may be afforded an opportunity for hearing in their case as far as matters referred to in the impugned orders are concerned. iii) Interim order passed by this Court on 19.09.2016, qua the appellants, be continued since the appellants have been impleaded in the pending proceedings. To complete the procedural formalities, the order dated 11.12.2015 passed in C.M. Nos.14601 and 14602 of 2015 dismissing the applications for impleadment will stand set aside. iv) In view of the direction to have fresh hearing, the order dated 19.08.2016 in C.M. No.9876 of 2016 will also stand set aside with a further direction that the application for modification be heard afresh. 6. We request the High Court to pass orders, as above, expeditiously and preferably within three months. 7. There shall be no order as to costs. 8. Pending application(s), if any, shall stand disposed of.