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Harihar Prasad Padarha v. M/S Kanha Wilderness Ltd.

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 4905 of 2015)Decided 14 Aug 2015
Civil Appeal No. 4905 of 2015
Justice Anil R. Dave · Justice V. Gopala Gowda

Background

The appellant's earlier appeal (below, in a different forum) had been decided by what he alleged was a bench with fewer members than required. He challenged that order before the Supreme Court, and the respondent's counsel, on hearing the allegation, did not object to the matter being sent back for a fresh hearing.

Decision Breakdown

The Supreme Court accepted that the allegation about the appeal having been heard by an insufficient number of members was possibly correct, and since the respondent had no objection, the Court quashed the earlier impugned order and directed that the appeal be reheard by a properly constituted bench within four weeks. The appeal before the Supreme Court was thus disposed of as allowed (the specific defect raised was fully resolved), with the appellant's counsel assuring the Court there would be no unnecessary request for adjournment at the fresh hearing, and no order as to costs.

Lesson Learnt

An order passed by a tribunal or appellate body sitting with fewer members than legally required can be challenged and quashed on that ground alone, with the underlying dispute sent back for a fresh, properly-constituted hearing: a procedural defect in composition is a valid, independent ground for setting aside a decision regardless of its merits.

Official source (sci.gov.in)View Judgment (PDF)

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