LawDistill
Supreme Court of India

M/S TRANSMISSION CORPORATION OF TELANGANA LTD vs M/S GANAPATI SUGAR INDUSTRIES LTD on 26 August, 2016

Cites 0 provisionsCites 0 judgmentsCited by 0
C.A. No.-005880-005880 - 2016Official PDFBench Kurian Joseph, Rohinton Fali NarimanAdvocates GUNTUR PRABHAKAR
NON REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 8342 OF 2016
(Arising out of SLP(Civil) No. 28249/2014)
SOUREN PAL AND ORS Appellants(s)
VERSUS
PRABHAT BOURI AND ORS Respondent(s)
J U D G M E N T

Leave granted.

The main grievance of the appellants is that they were not

heard by the Division Bench while passing the impugned order

despite the fact that, as per the impugned order, they have been

unseated from the post of Directors, to which they were elected in

the year 2014. In the view we propose to take in this case, it is

not necessary to go into any other factual dispute.

Having heard the learned counsel for the parties, we are of

the view that the Division Bench ought to have heard the appellants

as well, having regard to the stage at which their election was set

aside.

We hence set aside the impugned judgment and remit the matter

to the High Court. The appellants shall stand impleaded as

additional respondents in First Miscellaneous Appeal(FMA) and the

High Court will hear the FMA afresh. Being an election dispute of

the year 2014, we request the High Court to dispose of the same

expeditiously preferably within a period of three months.

The interim order passed by this Court earlier will continue

till the First Miscellaneous Appeal is disposed of.

The appeal stands disposed of accordingly.