Judgments/Orders – Statement made by the counsel on the basis of incorrect/wrong briefing – Respondent No.3 filed writ petition against respondent Nos.1 and 2 (Union of India & Another) challenging the order dated 30.06.2016 (notified on 06.07.2016) – High Court set aside the order dated 30.06.2016 on basis of the statement made by the counsel for the Union of India – Appellants filed appeal in the Supreme Court against the order passed by the High Court – In that pending appeal, Union of India filed I.A. for directions – It was stated in I.A., that the statement made by the counsel was on the basis of incorrect/wrong briefing made to him by the concerned official – Held: Considering the grounds now raised by the Union of India and the fact that the High Court did not decide the writ petition on merits and disposed it of on the statement made by the counsel for the Union of India, which was based on incorrect briefing – In the interest of all the parties concerned, case remanded to the High Court to hear the writ petition afresh and dispose it of on merits in accordance with law. Allowing the I.A. and Appeal, the Court
HELD: 1. During the course of submissions, it is pointed out that in another batch of petitions led by W.P. No.7537 of 2018 (M/s Standard Metalloys Pvt. Ltd. vs. Union of India), the High Court passed a detailed order on 06.02.2019 and set aside the impugned order dated 30.06.2016 on merits. Be that as it may, this Court need not enter into any other aspect of the matter because herein, the recall is sought essentially on the ground that an incorrect statement was made by the counsel, who appeared for the Union of India in the said writ petition, which led for its disposal wrongly. It is stated therein that the statement was made by the counsel on the basis of incorrect/wrong briefing made to him by the concerned official. [Para 12][1062-C-E]
2. Keeping in view the grounds now raised by the Union of India and further the fact that the high court did not decide the writ petition on merits but disposed it of on the statement made by the counsel for the Union of India, which was based on incorrect briefing, it would be just and proper and in the interest of all the parties concerned that the writ petition is heard afresh and is disposed of on its merits in accordance with law by the High Court. Thus, the writ petition (No.5734 of 2016) filed by respondent No.3 herein before the High Court, out of which this appeal arises, is restored to its original number before the High Court. [Paras 15 and 16][1062-G-H; 1063-A-B]
M/s Standard Metalloys Pvt. Ltd. v. Union of India (W.P. No.7537 of 2018 decided by the High Court of Delhi on 06.02.2019) – referred to.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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