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Supreme Court of India

ULTIMATE V CARBON vs THE DISTRICT ENVIRONMENTAL ENGINEER on 20 September, 2021

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2021 INSC 504C.A. No.-005944-005954 - 2021Official PDFAuthor HON'BLE THE CHIEF JUSTICEBench Bela TrivediAdvocates ARUP BANERJEE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. OF 2021
(DIARY NO. 21275 OF 2021)
ULTIMATE V CARBON Appellant(s)
VERSUS
THE DISTRICT ENVIRONMENTAL ENGINEER & ORS. Respondent(s)
ORDER

Permission to file the civil appeal is granted.

Mr. Kapil Sibal, learned senior counsel, submits that the

impugned order by the National Green Tribunal, Southern Zone,

Chennai, was without notice to the appellant, who were never heard.

Appellant, it is stated, is compliant with the statutory norms.

The impugned order refers to arguments by an association of

charcoal manufacturers who had intervened and were heard before the

impugned order was passed.

Be that as it may, it would be open to the appellants to file

a review application before the National Green Tribunal, Southern

Zone, Chennai, to press their stance and case. Review application,

if filed, would be considered on grounds as permissible in law.

Mukesh Nasa

Learned senior counsel for the appellant states that the

review application may be barred by limitation. If that be so, it

will be open to the appellant to move an application for

condonation of delay, which application would be considered giving

due regard to the fact that the appellant had filed the present

appeal.

With the aforesaid observations, the civil appeal is disposed

of without foreclosing the right of the appellant to subsequently

challenge the impugned judgment

Pending application(s), if any, stand disposed of.