Shivashakti Sugars Ltd vs. Shree Renuka Sugar Ltd

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 (Civil)....../2011

CC 7944/2011

SHIVASHAKTI SUGARS LTD Petitioner(s)

VERSUS

SHREE RENUKA SUGAR LTD & ORS. Respondent(s)

(for permission to file SLP and exemption from filing c/copy as well as plain copy of the impugned order and with prayer for interim relief and office report ))

WITH S.L.P.(C)....../2011 CC NO. 8132 of 2011 (for exemption from filing c/copy as well as plain copy of the impugned order and permission to file SLP without c/copy as well as plain copy of impugned order and with prayer for interim relief and office report)

Date: 11/05/2011 These Petitions were called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE MARKANDEY KATJU HON'BLE MRS. JUSTICE GYAN SUDHA MISRA

	For Petitioner(s)	Mr. K.K. Venugopal, Sr. Adv.
		Dr. A.M. Singhvi, Sr. Adv.
		Mr. Mukul Rohatgi, Sr. Adv.
		Mr. M.R. Naik, Sr. Adv.
		Mr. R.N. Karanjawala, Adv.
		Mr. Gopal Shankaranarayan, Adv.
		Mr. Ruby Singh Ahuja, Adv.
		Mr. Raunak Dhillon, Adv.
		Mr. Aheer Kumar, Adv.
		Mr. Manik Karanjawala, Adv. for
		M/S. Karanjawala & Co.
		Mr.<br>Mukul Rohatgi, Sr. Adv.
		Mr.<br>Madhu Naik, Sr. Adv.
		Ms.<br>Ranjeeta Rohtagi, Adv.
		Mr.<br>Gopal Sankaranarayawan, Adv.

:1: For Respondent(s) Mr. Basava Prabhu S. Patil, Sr. Adv. Mr. B.B. Patil, Adv. Mr. Prasad Subramanya, Adv. Mr. Ajay Kumar M., Adv. Mr. R.D. Upadhyay,Adv. Mr. Ravi Shankar Prasad, Sr. Adv. Mr. Prashant Gowdar, Adv. Mr. Naresh Kumar, Adv. Mr. P.P. Malhotra, ASG Ms. Indira Sawhney, Adv. Mr. Gaurav Sharma, Adv. Ms. Sushma Suri, Adv. UPON hearing counsel the Court made the following O R D E R

The Registrar General of the High Court is directed to submit a report by tomorrow morning explaining why the judgment was not made available to the parties, after supplying copies to the parties by today evening. A copy of this Order shall be communicated forthwith by FAX, e-mail, wireless message, and other mode of transmission as well as by telephonic communication to the Hon'ble Chief Justice/Senior Most Judge of the Karnataka High Court and to the Registrar General/Registrar of the Karnataka High Court. ( Rajesh Dham ) ( Indu Satija ) Court Master Court Master (signed order is placed on the file) IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION SPECIAL LEVE PETITION (CIVIL) NO.............OF 2011 [CC 7944/2011] SHIVASHAKTI SUGARS LTD. Petitioner(s) VERSUS SHREE RENUKA SUGAR LTD & ORS. Respondent(s) WITH SPECIAL LEAVE PETITION (CIVIL) ...../2011 [CC NO. 8132 of 2011] O R D E R These petitions have been filed challenging a judgment of the Karnataka High Court dated 29.03.2011 in W.P. Nos. 64254/2010 and 37143/2010 and praying for stay of the said judgment. However, the said judgment has not been annexed with the paper books, and learned senior counsel for the petitioner Mr. K.K. Venugopal has informed us that despite the best efforts of his client they could not get a copy of the said judgment.

It appears that the judgment in the above case was dictated by a Division Bench comprising Justice N. Kumar and Justice Ravi Malimath from 23.03.2011 to 29.03.2011 in the open Court. We are informed that the writ petition was

counsels for the parties today on payment of usual charges.

first item. Copy of this Order will be given to the learned

Put up these matters on 12.05.2011 at 10.30 a.m. as

allowed. However, it is strange that copy of that judgment has not been made available to the parties and yet the authorities are acting on that judgment.

We are put to great inconvenience and embarrassment by this. We request Hon'ble the Chief Justice of the Karnataka High Court to immediately look into this matter and take necessary corrective steps so that such a situation never happens again.

We direct that copy of the said judgment will be made available to the parties by today evening, otherwise serious inferences may be drawn.

A request was made to us to stay the operation of the impugned judgment. We cannot possibly stay that judgment without even reading it. The handicap of the petitioners is that although the judgment was dictated between 23.03.2011 to 29.03.2011 in open Court, yet they have not been given a copy of it.

Put up these matters tomorrow, that is, 12.05.2011, at 10.30 a.m. as first item.

This Order will be communicated to Hon'ble the Chief Justice of the Karnataka High Court as well as to the Senior Most Judge sitting at present in the Karnataka High Court as well as to the Registrar General/Registrar of the Karnataka High Court for strict compliance.

Copy of this Order will be given to the learned counsels for the parties today on payment of usual charges.

The Registrar General of the High Court is directed to submit a report by tomorrow morning explaining why the judgment was not made available to the parties, after supplying copies to the parties by today evening. A copy of this Order shall be communicated forthwith by

FAX, e-mail, wireless message, and other mode of transmission as well as by telephonic communication to the Chief Justice/Senior Most Judge of the Karnataka High Court and to the Registrar General/Registrar of the Karnataka High Court.

........................J. (MARKANDEY KATJU)

NEW DELHI; ........................J. MAY 11,2011. (GYAN SUDHA MISRA)