Adani Vizhinjam Port Pvt. Ltd vs. The State Of Kerala

ITEM NO.40 Court 4 (Video Conferencing) SECTION $XT-A$

SUPREME COURT OF INDIA RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s). 6732/2021

(Arising out of impugned final judgment and order dated 21-12-2020 in WPC No. 19710/2020 passed by the High Court Of Kerala At Ernakulam)

MICHAEL GRANITES

Petitioner(s)

Respondent(s)

VERSUS

THE STATE OF KERALA & ORS.

(FOR ADMISSION and I.R. and IA No.54765/2021-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.54764/2021-PERMISSION TO FILE PETITION (SLP/TP/WP/..) )

WITH $SLP(C)$ No. 6733/2021 (XI-A) (FOR ADMISSION and I.R. and IA No.55710/2021-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.55711/2021-EXEMPTION FROM FILING O.T. and IA No.55709/2021-PERMISSION TO FILE PETITION $(SLP/TP/WP/..))$ $SLP(C)$ No. 5930/2021 (XI-A) (FOR ADMISSION and I.R. and IA No.51526/2021-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT.)

Date: 29-06-2021 This petition was called on for hearing today.

$CORAM :$

HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE MR. JUSTICE DINESH MAHESHWARI HON'BLE MR. JUSTICE ANIRUDDHA BOSE

For parties:

Mr. Mukul Rohatgi, Sr. Adv. Mr. V. Giri, Sr. Adv. Mr. Abhilash M.R., Adv. Mr. Sayooj Mohandas M., Adv. Mr. Amith Krishnan, Adv. Mr. M. Thangathurai, Adv. Mr. Sandeep Singh, AOR

Mr. Gopal Sankarnarayanan, Sr. Adv. Mr. Harish Vasudevan, Adv. Ms. Nishtha Kumar, AOR

Mr. Tahir Ashraf Siddiqui, AOR Mr. Jogy Scaria, AOR Ms. Beena Victor, Adv. Mr. James P. Thomas, AOR Mr. Apzal Ansari, Adv. Mr. Krishnan Venupogal, Sr. Adv. Mr. E.M.S. Anam, AOR Mr. Vishnu Shankar, Adv. Mr. Suvidutt M.S. AOR Mrs. Anu B., Adv. Mr. Vibhor Ahlawat, ADv. Mr. Vijaylakshmi Raju, Adv. Mrs. Dhanya C., Adv. Mr. Jaideep Gupta, Sr. Adv.

UPON hearing the counsel the Court made the following O R D E R

Mr. C.K. Sasi, AOR

Mr. Gopal Sankarnarayanan, learned senior counsel appearing for the applicant-intervenor pointed out that the judgment appealed in these proceedings was assailed before the Division Bench by way of intra-court appeal and has since been affirmed by the Division Bench. In other words, the judgment under appeal stands merged in the order of the Division Bench. In which case, the petitioner(s) may have to challenge the order of the Division Bench.

Realizing this difficulty, learned counsel for the petitioners(s) seek time to amend the petition(s) to challenge the judgment and order of the Division Bench,

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including to urge additional grounds, as may be necessary. Learned counsel, however, expressed difficulty in amending the petition(s) within one week, as indicated during the course of argument. According to them, the judgment and order of the Division Bench, though pronounced on 16.03.2021, is still not available in public domain or on the official website of the High Court.

The Registrar of the High Court of Kerala shall look into this grievance and take necessary measures to upload the judgment and order of the Division Bench expeditiously, preferably within two weeks from today, so that hearing of these matters can proceed immediately thereafter.

The petitioner(s) shall carry out amendment within one week from receipt of copy of the judgment and order of the Division Bench.

List these matters after four weeks.

Copy of this order be forwarded by the Registry forthwith via email/online to the office of Registrar, High Court of Kerala at Ernakulam, for necessary action.

(DEEPAK SINGH) (VIDYA NEGI) COURT MASTER (SH) COURT MASTER (NSH)

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