SOUREN PAL AND ORS Vs. PRABHAT BOURI AND ORS

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

Appeal (Civil), 8342 of 2016, Judgment Date: Aug 26, 2016

                                                        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

Kurian, J.

      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.

                                                 …....…...................J.
                                                        (KURIAN JOSEPH)

                                                 ….....…..................J.
                                                 (ROHINTON FALI NARIMAN)
NEW DELHI
AUGUST 26, 2016.