Mihir Ranjan Parida vs. Menja Naik

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 4080 OF 2016 (Arising out of SLP (C) No.8579 of 2016)

MIHIR RANJAN PARIDA APPELLANT

VERSUS

MENJA NAIK AND ORS. RESPONDENTS

J U D G M E N T

KURIAN, J.

1. Leave granted.

2. The limited prayer made by the appellant is

expunction of certain adverse observations made by the High Court against the appellant who is the presiding Judge on th

trial side. When the matter came up before this Court on 29 th March, 2016, this Court issued notice on the following terms:

"Permission to file special leave petition is granted. Issue notice. Dasti, in addition, is permitted. Mr. Raju Ramachandran, learned senior counsel submits that he may be permitted to withdraw ground (D) of the petition. On request, the permission is granted.

The limited prayer made by the learned senior counsel is only for expunction of the adverse observations made by the High Court against the petitioner. Since it is a matter of expunction, we deem it appropriate to issue notice.

Signature Not Verified

Digitally signed by Rajni Mukhi Date: 2016.04.19 17:16:46 IST Reason:

1

However, we make it clear that in case respondents have no objection with regard to the limited prayer for expunction of the adverse observations made by the High Court against the petitioner, they are free not to respond to the notice as well. Post on 18.04.2016."

3. It is seen that the notice has already been served

for

e

on respondents but there is no appearance on their behalf. 4. Having heard the learned senior counsel appearing for the appellant, we are of the view that the adverse observations made against the appellant are wholly unwarranted. May be the Judge passed a wrong order; but that does not mean that even wrong order should be visited with such adverse remarks. All adverse remarks/observations against the appellant contained in the impugned order are hence expunged. 4. The appeal is allowed. ...............J. [KURIAN JOSEPH] ...............J. [R. BANUMATHI] NEW DELHI; APRIL 18, 2016 2 ITEM NO.5 COURT NO.11 SECTION XIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 8579/2016 (Arising out of impugned final judgment and order dated 03/12/2015 in RSA No. 483/2009 passed by the High Court of Orissa at Cuttack) MIHIR RANJAN PARIDA Petitioner(s) VERSUS MENJA NAIK AND ORS. Respondent(s) Date : 18/04/2016 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE KURIAN JOSEPH HON'BLE MRS. JUSTICE R. BANUMATHI For Petitioner(s) Mr. Raju Ramachandran, Sr.Adv. Mr. Rishad Ahmed Chowdhury,Adv. Mr. Ankit Jain, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Leave granted. The appeal is allowed in terms of signed non-reportable Judgment. All pending application(s) shall stand disposed of.

(Rajni Mukhi) (Renu Diwan) SR. P.A. COURT MASTER

(Non-reportable judgment is placed on the file)