IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NOS.6922-6923 OF 2009 (Arising out of S.L.P. (C) Nos.11245-11246 of 2009)

M/s. Annamalai Cotton Mills Pvt. Ltd.      ...Appellant(s)

Versus

Supdt. Engineer & Ors.                    ...Respondent(s)

With  Civil  Appeal  Nos.6925-6926/2009  @  S.L.P.  (C)  Nos.22510-22511 of 2009

O  R  D  E  R

S.L.P. (C) Nos.22510-22511 of 2009 are taken on  

Board.

Leave granted.

Heard learned counsel for the parties.

These  appeals  have  been  preferred  against  order  

passed  in  Writ  Appeal  Nos.343/1998,  344/1998  and  Writ  

Petition Nos.7417/2000 and 7418/2000.  

Undisputedly, the impugned order was passed by a  

Bench  which  did  not  have  the  occasion  to  hear  the  

aforementioned writ appeals and writ petitions.  In our  

view, this ground is, by itself, sufficient to set aside  

the impugned order.

It has been stated that Writ Petition No.6106 of  

2000 has been also disposed of by the impugned order which  

also suffers from the same infirmity.  Therefore, in-spite

...2/-

- 2 -  

of the fact that no special leave petition has been filed  

challenging the order passed in the said writ petition and  

as the point raised is common, we feel it would be just  

and  expedient  to  set  aside  the  impugned  order  even  in  

relation to Writ Petition No.6106 of 2000.

Accordingly,  these  appeals  are  allowed,  the  

impugned order passed in relation to the aforementioned  

five cases is set aside and the cases are remitted to the  

High  Court  to  decide  the  same  afresh  after  giving  

opportunity of hearing to the parties.

Let hearing of the cases be expedited.

......................J.            [B.N. AGRAWAL]

......................J.            [G.S. SINGHVI]

New Delhi, October 08, 2009.