Shri Nath Cargo Pvt. Ltd vs. Parag Sarees

Court:Supreme Court of India
Judge:Hon'ble Jagdish Singh Khehar
Case Status:Disposed
Order Date:8 Oct 2014
CNR:SCIN010226802014

AI Summary

The Supreme Court dismissed a Special Leave Petition filed by M/S Shri Nath Cargo Pvt. Ltd., upholding a Delhi High Court order. This decision highlights the Supreme Court's limited intervention under Article 136 when no substantial ground for interference is found, reinforcing the finality of lower court judgments in such scenarios.

Ratio Decidendi:
The Supreme Court will not exercise its extraordinary and discretionary jurisdiction under Article 136 of the Constitution of India to grant special leave to appeal if, after hearing the petitioner, it finds no substantial or compelling ground for interference with the impugned order.

Case Identifiers

Primary Case No:25847/2014
Case Type:Special Leave Petition (Civil)
Case Sub-Type:SLP - Civil Matter
Secondary Case Numbers:22680/2014
Order Date:2014-10-08
Filing Year:2014
Court:Supreme Court of India
Bench:Division Bench
Judges:Hon'ble Jagdish Singh Khehar, Hon'ble Arun Mishra

Petitioner's Counsel

S.K. Srivastva
Advocate - Appeared

Advocates on Record

Rajender Prasad

eCourtsIndia AITM

Brief Facts Summary

M/S Shri Nath Cargo Pvt. Ltd. filed a Special Leave Petition (Civil) in the Supreme Court, challenging a final judgment and order dated April 17, 2014, passed by the High Court of Delhi in RSA No. 79/2014. The petition was heard on October 8, 2014, by a Division Bench of the Supreme Court.

Timeline of Events

2014-04-17

High Court of Delhi passed final judgment and order in RSA No. 79/2014.

2014-07-15

Special Leave Petition (Civil) filed in Supreme Court by M/S Shri Nath Cargo Pvt. Ltd.

2014-10-08

Supreme Court heard the Special Leave Petition.

2014-10-08

Supreme Court dismissed the Special Leave Petition.

Key Factual Findings

No ground for interference is made out in exercise of our jurisdiction under Article 136 of the Constitution of India.

Source: Current Court Finding

Primary Legal Issues

1.Scope of Supreme Court's jurisdiction under Article 136 of the Constitution of India

Statutes Applied

Constitution of India
Article 136
Jurisdiction of Supreme Court for Special Leave to Appeal

Petitioner's Arguments

The learned counsel for the petitioner argued for intervention with the impugned High Court order, implicitly contending that the High Court's decision warranted review by the Supreme Court based on some error or special circumstance.

Court's Reasoning

The Court, after hearing the learned counsel for the petitioner, concluded that no ground for interference was made out within its extraordinary jurisdiction under Article 136 of the Constitution of India. This implies that the High Court's reasoning or findings did not present any exceptional circumstances, manifest injustice, or significant legal errors that would necessitate the Supreme Court's intervention.

Judicial Philosophy Indicators:
  • Prudence in exercising extraordinary jurisdiction
  • Respect for lower court decisions when no clear error
Order Nature:Procedural
Disposition Status:Disposed
Disposition Outcome:Dismissed

Impugned Orders

High Court Of Delhi At N. Delhi
Case: RSA No. 79/2014
Date: 2014-04-17

Precedential Assessment

Non-Binding (Procedural)

This is a summary dismissal of an SLP without detailed reasoning on the merits, merely stating 'no ground for interference'. It reaffirms the established principle of Article 136 but does not lay down new law or offer novel interpretations, hence its precedential value is limited to a procedural affirmation.

Tips for Legal Practice

1.Emphasizes the high threshold for intervention by the Supreme Court under Article 136, requiring substantial questions of law or grave injustice.
2.Highlights that a mere challenge to a High Court order, without demonstrating a clear error of law or fact, will likely result in the dismissal of an SLP.
3.Reiterates the importance for counsel to present compelling grounds for review in SLPs, as the Court's jurisdiction is discretionary and not a right of appeal.

Legal Tags

Supreme Court Jurisdiction Article 136 Special Leave PetitionDismissal of SLP Civil without Interference GroundsDiscretionary Power of Supreme Court in AppealHigh Court RSA Decision Upheld by Supreme CourtChallenge to Delhi High Court Order in Civil Appeal

Disclaimer: eCourtsIndia (ECI) is not a lawyer and this analysis is generated by ECI AI, it might make mistakes. This is not a legal advice. Please consult with a qualified legal professional for matters requiring legal expertise.

Order Issued After Hearing

Purpose:

Case Registered

Listed On:

15 Sept 2014

Original Order Copy

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Order Text

ITEM NO.27 COURT NO.6 SECTION XIV

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). 25847/2014 (Arising out of impugned final judgment and order dated 17/04/2014 in RSA No. 79/2014 passed by the High Court Of Delhi At N. Delhi)

M/S SHRI NATH CARGO PVT. LTD Petitioner(s)

VERSUS

M/S PARAG SAREES Respondent(s) (with interim relief and office report)

Date : 08/10/2014 This petition was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE JAGDISH SINGH KHEHAR HON'BLE MR. JUSTICE ARUN MISHRA

For Petitioner(s) Mr. S.K. Srivastva, Adv. Mr. Rajender Prasad,AOR

For Respondent(s)

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

Heard learned counsel for the petitioner.

No ground for interference is made out in exercise of our jurisdiction under Article 136 of the Constitution of India.

The special leave petition is dismissed.

Court Master Assistant Registrar

(Parveen Kr. Chawla) (Phoolan Wati Arora)