MUNICIPAL CORPORATION vs. BVG INDIA LIMITED

Case Type: Civil Appeal

Date of Judgment: 28-03-2018

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Full Judgment Text

1 REVISED ITEM NO.801 COURT NO.5 SECTION IV-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS CIVIL APPEAL NO(S). 3330/2018 MUNICIPAL CORPORATION, UJJAIN & ANR. Appellant(s) VERSUS BVG INDIA LIMITED & ORS. Respondent(s) WITH CIVIL APPEAL NO.3331/2018 CIVIL APPEAL NO.3332/2018 (HEARD BY HONBLE RANJAN GOGOI, HONBLE R. BANUMATHI AND HONBLE MOHAN M. SHANTANAGOUDAR ,JJ. ) (MENTIONED BEFORE HONBLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR) Date : 28-03-2018 These appeals were mentioned today. CORAM : HON'BLE MR. JUSTICE KURIAN JOSEPH HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR HON'BLE MR. JUSTICE NAVIN SINHA For the parties Mr. Devadatt Kamat,Adv. (Mentioned by) Mr. Rajesh Inamdar,Adv. Mr. Aditya Bhat,Adv. Mr. Gautam Talukdar, AOR Mr. Mishra Saurabh, AOR Mr. Seshatalpa Sai Bandaru, AOR Mr. Mushtaq Ahmad, AOR UPON being mentioned the Court made the following O R D E R These matters were mentioned before Hon'ble Mr. Justice Mohan M. Shantanagoudar. Paragraph 52 of the judgment (operative portion) dated 27.03.2018 is substituted in terms of the signed order. Signature Not Verified Digitally signed by MAHABIR SINGH Date: 2018.04.05 17:55:06 IST Reason: (NARENDRA PRASAD) (RENU DIWAN) COURT MASTER ASSISTANT REGISTRAR (Signed “Reportable” order is placed on the file) 2 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 3330 OF 2018 (Arising out of SLP (Civil) No. 11967 of 2016) MUNICIPAL CORPORATION, UJJAIN & ANR. ....Appellants Versus BVG INDIA LIMITED AND ORS . ....Respondents WITH Civil Appeal No. 3331 of 2018 (Arising out of SLP (C) No. 17201 of 2016) & Civil Appeal No. 3332 of 2018 (Arising out of SLP (C) No. 30776 of 2016) O R D E R MOHAN M. SHANTANAGOUDAR, J. After pronouncement of the judgment learned counsel for the appellant while mentioning in the court drew the attention of the Court to typographic mistake, that while allowing Civil Appeal Nos. 3330 of 2018 and 3331 of 2018, the dismissal of the Civil Appeal No. 3332 of 2018 filed by BVG India Limited is not mentioned in the said judgment, therefore, the same is to be corrected. On verification, we find that the said submission is justified. Hence, Para 52 of the judgment (operative portion) is to be 3 substituted by the following: Accordingly, it is made clear that Civil Appeal Nos. 3330 of 2018 and 3331 of 2018 are allowed. Consequently, Civil Appeal No. 3332 of 2018 filed by BVG India Limited stands dismissed. There shall be no order as to costs. The aforementioned clarification shall be noted by the Registry in the main judgment and necessary corrections may be effected in the judgment. ………………………………….J. (Ranjan Gogoi) …..……………………………..J. (R. Banumathi) …………………………………..J (Mohan M. Shantanagoudar) New Delhi, March 28, 2018.