Full Judgment Text
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CASE NO.:
Appeal (civil) 1761 of 2008
PETITIONER:
SPIE CAPAG
RESPONDENT:
UNION OF INDIA & ANR
DATE OF JUDGMENT: 03/03/2008
BENCH:
S.H. KAPADIA & B. SUDERSHAN REDDY
JUDGMENT:
JUDGMENT
O R D E R
CIVIL APPEAL NO. 1761 OF 2008
(Arising out of SLP(C)No. 19376/2007)
Leave granted.
After pendency of the writ petition for twenty years the High Court has
held that since the writ petition was filed against show cause notice the
parties ought to have gone through the process of adjudication and since
that was not done the petition stood dismissed.
In the present case we are concerned with project import. Appellant
contends the case is covered by the judgment of this Court in the case of
Union of India v. Tovo Engineering Ltd. 2006 (7) SCC 592. Learned counsel
for the Department contends before us that some of the equipments in the
project were not prime movers.
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Suffice it to state that the High Court should not have dismissed the writ
petition after twenty years without examining the allegations in the show
cause notice and without considering the judgment of this Court in the
case of Tovo Engineering Ltd. (supra).
Accordingly we set aside the impugned order and restore the writ petition
to the file of the High Court. We do not wish to express any view on the
merits of the case. All contentions on both sides are expressly kept open.
We grant liberty to Union of India to file additional affidavit, if so advised.
Needless to add that the appellant may file its further rejoinder, if so
advised.
The bank guarantee and the bonds furnished during the pendency of the
writ petition shall be kept alive.
This appeal is allowed.