IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.6413 OF 2008 (Arising out of S.L.P. (C) No.8503 of 2007)

M/s. Bharat Coking Coal Ltd. & Ors.        ...Appellant(s)

Versus

M/s. Saraswati Hard Coke Manufacturers  & Ors.       ...Respondent(s)

O  R  D  E  R

Heard learned counsel for both the sides.

Delay condoned.

Leave granted.

Against  the  order  of  the  High  Court  dated  26th April,  2006,  passed  in

L.P.A. No.121 of 2005, the appellants have moved this Court.   

By the impugned order, the Division Bench of the High Court, by referring

to  letter  dated  8th September,  2003,  disposed  of  the  Letters  Patent  Appeal  as

infructuous.   It  is  relevant  to  refer  to  the  earlier  order  of  this  Court  dated  11th

February, 2005, which reads as under:

“The appeal is allowed, the impugned order is set aside and the matter  is  remitted  to  the  Division  bench  of  the  High  Court  to consider  the  LPA  on  merits  in  accordance  with  law,  as expeditiously  as  possible,  without  being  prejudiced  by  any observation  made in this order.”

...2/-

- 2 -  

Though learned counsel appearing for the respondent once again referred

to the letter dated 8th September, 2003, in view of the specific order passed by this

Court requesting the High Court to consider the Letters Patent Appeal on merits and

dispose of the same in accordance with law, we are of the view that the High Court

has  not  adverted  to  the  said  direction  and  disposed  of  the  appeal  as  infructuous

which, according to us, is not in accordance with the order of this Court dated 11th

February, 2005.  In such circumstances, the impugned order of the High Court is set

aside and the matter is remitted to the High Court with a request to consider and

dispose  of  the  Letters  Patent  Appeal  on  merits  and  in  accordance  with  law,

expeditiously.

The civil appeal is allowed in the above terms.

......................J.       [P. SATHASIVAM]

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

New Delhi, November 03, 2008.