ALLAHABAD DEVT.AUTH. Vs. M/S THE GENERAL FIBRE DEALERS & ANR

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Civil), 8381 of 2016, Judgment Date: Aug 29, 2016

                                                              NON-REPORTABLE
                        IN THE SUPREME COURT OF INDIA
                        CIVIL APPELLATE JURISDICTION

                       CIVIL APPEAL  NO. 8381 OF 2016
                    (ARISING OUT OF SLP(C) NO.25267/2010)


      ALLAHABAD DEVELOPMENT AUTHORITY                  APPELLANT(S)


                                  VERSUS


      M/S. THE GENERAL FIBRE DEALERS & ANR            RESPONDENT(S)

                               J U D G M E N T

        ANIL R. DAVE, J.

1.    Leave granted.
2.    We have  heard  learned  counsel  for  the  parties  and  perused  the
impugned judgment.
3.    In our opinion, at the time of disposal of the First Appeal, the  High
Court should have called for the record  and  proceedings  and  should  have
given reasons for coming to a particular conclusion but that  has  not  been
done.
4.    In such circumstances, the impugned judgment  is  set  aside  and  the
matter is remanded to the High Court so that it can be heard afresh.
5.    The parties shall appear before the High Court  on  5.9.2016  so  that
the date of further hearing can be decided.
6.    We are sure that the High Court will decide the appeal  expeditiously,
preferably within six months from the date of the first hearing.
7.    With the above observations and directions, the appeal is disposed  of
as allowed with no orders as to costs.

                                                   .......................J.
                                                          [ANIL R. DAVE]


                                                   .......................J.
                                                      [L. NAGESWARA RAO]
      NEW DELHI;
      AUGUST 29, 2016.