Full Judgment Text
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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.
Signature Not Verified
Digitally signed by Dr.
Mukesh Nasa
Date: 2021.09.23
17:38:39 IST
Reason:
Learned senior counsel for the appellant states that the
review application may be barred by limitation. If that be so, it
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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.
……………………………………………………J.
(SANJIV KHANNA)
……………………………………………………J.
(BELA M. TRIVEDI)
NEW DELHI
th
20 SEPTEMBER, 2021