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Supreme Court of India · body

2018 DIGILAW 61 (SC)

Deepak Chandrakant Jhaveri v. Johnson Dye Works (P) Ltd.

2018-01-12

A.K.SIKRI, ASHOK BHUSHAN

body2018
ORDER : 1. Civil Appeal No. 6344 of 2017 was disposed of vide order dated May 04, 2017. This order was passed in the presence of the counsel for respondent Nos. 1 and 2 as they had appeared in the matter, even though notice was not issued in the petition. In the appeal, the appellants had prayed for consolidation of two suits. After hearing the counsel for the appellants and those of respondent Nos. 1 and 2, who had no objection to the said order of consolidation, order to this effect was passed. 2. As pointed out above, notice was not issued and therefore, respondent Nos. 3-5 were not present. In these circumstances, it was also specifically mentioned in the order that in case respondent Nos. 3-5 still have any objection they may approach this Court. 3. Respondent No. 3 has now filed the instant application objecting to the passing of the order of consolidation by stating that he has serious objections to the said order. Since respondent No. 3 was not heard and permission in that behalf was granted, having regard to the above, we recall the order dated May 04, 2017, and restore the special leave petition to its original file. 4. The special leave petition is heard afresh. After hearing the counsel for the parties, the special leave petition is dismissed. Pending applications also stand disposed of.