Charudatt Pandurang Koli vs. Sea Lord Containers Limited

ITEM NO.14+26+27+29 Court 6 (Video Conferencing) SECTION XVII

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.3377/2020

CHARUDATT PANDURANG KOLI & ORS. Appellant(s)

VERSUS

M/S SEA LORD CONTAINERS LIMITED & ORS. Respondent(s)

(FOR I.R.)

WITH C.A. No.3206/2020 (XVII)

(With appln.(s) for I.R. and IA No.93454/2020-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.93461/2020-STAY APPLICATION and IA No.94450/2020-EXEMPTION FROM FILING AFFIDAVIT and IA No.93464/2020-EXEMPTION FROM FILING AFFIDAVIT and IA No.94447/2020- EXEMPTION FROM FILING AFFIDAVIT and IA No.94446/2020- INTERVENTION/IMPLEADMENT and IA No.94448/2020-PERMISSION TO PLACE ADDITIONAL FACTS AND GROUNDS and IA No.94449/2020-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)

C.A. Nos.3305-3306/2020

(With appln.(s) for exemption from filing c/c of the impugned judgment, stay and exemption from filing affidavit)

C.A. No.3370/2020

(With appln.(s) for exemption from filing c/c of the impugned judgment, ex-parte stay, permission to file additional documents/ facts/Annexures)

C.A. Nos.3295-3296/2020

(With appln.(s) for exemption from filing c/c of the impugned judgment, stay and exemption from filing affidavit and intervention/impleadment)

Date : 27-10-2020 These appeals were called on for hearing today.

CORAM :

HON'BLE DR. JUSTICE D.Y. CHANDRACHUD HON'BLE MS. JUSTICE INDU MALHOTRA HON'BLE MS. JUSTICE INDIRA BANERJEE

For Appellant(s)<br>CA 3370/2020	Mr. Tushar Mehta, SG,<br>Mr. Rajat Navet, Adv.<br>Mr. Manish K. Bishnoi, AOR
CA 3377/2020	Mr. Nikhil Nayyar, Sr. Adv.<br>Mr. Sangeramsingh R. Bhonsle, Adv.<br>Mr. Siddharth A. Mehta, Adv.<br>Ms. Samridhi S. Jain, Adv.<br>Mrs. Sugandha Batra, Adv.<br>Mr. Sameer Abhyankar, AOR
CA 3206/2020 &	Mr. Mukul Rohatgi, Sr. Adv.<br>Mr. Maninder Singh, Sr. Adv.
CA 3295-3296/2020	Mr. Rajendra Barot, Adv.
	Ms. Liz Mathew, AOR
	Mr. Vivek Shetty, Adv.
	Mr. Aniket Nimbalkar, Adv.
	Mr. Asadulla Thangal, Adv.
	Mr. M. Thangathurai, Adv.
	Mr. Prabhas Bajaj, Adv.
	Mr. Navneet R., Adv.
CA 3305-3306/2020	Mr. K.V. Vishwanathan, Sr. Adv.<br>Mr. Sanjay Kapur, AOR<br>Mr. Sambit Panja, Adv.<br>Ms. Megha Karnwal, Adv.
For Respondent(s)	Mr. Tushar Mehta, SG,<br>Mr. Rajat Navet, Adv.
	Mr. Manish K. Bishnoi, AOR
	Ms. Liz Mathew, AOR
	Mr. Nikhil Nayyar, Sr. Adv.
	Mr. Sameer Abhyankar, AOR
	Mr. Mukesh Verma, Adv.<br>Mr. Yash Pal Dhingra, Adv.

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

1 Issue notice.

2 In Civil Appeal No 3377/2020, Ms Liz Mathew, Mr Sanjay Kapoor and Mr

2

Manish K Bishnoi, learned counsel accept notice and waive service on behalf of respondent Nos 1 and 2, 8 and 7 respectively.

• 3 In Civil Appeal No 3206/2020, Mr Sameer Abhyankar, Mr Manish K Bishnoi and Mr Sanjay Kapoor, learned counsel accept notice and waive service on behalf of respondent Nos 1 to 4, 12 and 13 respectively.
• 4 In Civil Appeal Nos 3305-3306/2020, Mr Sameer Abhyankar, Ms Liz Mathew and Mr Manish K Bishnoi, learned counsel accept notice and waive service on behalf of respondent Nos 1 to 4, 5 and 6 and 13 respectively.
• 5 In Civil Appeal No 3370/2020, Mr Sameer Abhyankar, Ms. Liz Mathew and Mr Sanjay Kapoor, learned counsel accept notice and waive service on behalf of respondent Nos 1 to 4, 5 and 6 and 13 respectively.
• 6 In Civil Appeal Nos 3295-3296/2020, Mr Sameer Abhyankar, Mr Manish K Bishnoi and Mr Sanjay Kapoor, learned counsel accept notice and waive waive service on behalf of respondent Nos 1 to 4, 12 and 13 respectively.
• 7 Almost all the parties are aggrieved by the impugned judgment of the NGT on the ground that it has failed to consider relevant material. The applicants before the NGT are aggrieved on the ground that the NGT did not consider relevant reports including the report of NEERI – CSIR. In some of the other appeals by the industrial units against whom an order of damages has been passed, the submission is that despite an order of this Court, the NGT disposed of the proceedings without hearing objections to the report which was submitted by CPCB after arguments were closed and orders were reserved on 30 June 2020.
• 8 Pending further orders, there shall be an ad interim stay of the operation of the impugned judgment and order dated 13 August 2020 of the National Green Tribunal in EA No 5 of 2018 (THC) in OA No 40 of 2014.

(Chetan Kumar) (Saroj Kumari Gaur) A.R.-cum-P.S. Court Master