Full Judgment Text
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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.
JUDGMENT
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
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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.
JUDGMENT
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