Shri Nath Cargo Pvt. Ltd vs. Parag Sarees
AI Summary
The Supreme Court dismissed a Special Leave Petition filed by M/S Shri Nath Cargo Pvt. LTD, declining to interfere with the Delhi High Court's decision. This order signifies the finality of the High Court's judgment in the underlying dispute, emphasizing the limited scope of the Supreme Court's discretionary power under Article 136.
Case Identifiers
Petitioner's Counsel
Advocates on Record
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, delivered by the High Court of Delhi in RSA No. 79/2014. The Supreme Court, after hearing arguments from the petitioner's counsel, dismissed the petition, concluding that no grounds were made out for interference under Article 136 of the Constitution of India.
Timeline of Events
High Court of Delhi passed the final judgment and order in RSA No. 79/2014.
Filing of the Special Leave Petition in the Supreme Court.
Registration of the Special Leave Petition in the Supreme Court.
Supreme Court heard and 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
Statutes Applied
Petitioner's Arguments
The counsel for the petitioner, M/S Shri Nath Cargo Pvt. LTD, presented arguments aiming to convince the Supreme Court that the impugned judgment of the Delhi High Court was flawed or unjust, thereby necessitating the Supreme Court's intervention under Article 136.
Respondent's Arguments
No arguments were recorded or presented on behalf of the respondent side, as the court proceeded to hear only the petitioner's counsel.
Court's Reasoning
The Supreme Court, after considering the arguments put forth by the petitioner's counsel, found 'no ground for interference' in the exercise of its jurisdiction under Article 136 of the Constitution of India. This implies that the Court did not find any exceptional circumstances, grave injustice, or a substantial question of law that would warrant the use of its extraordinary discretionary powers to overturn or modify the High Court's decision.
- Emphasis on Judicial Restraint
- Adherence to Appellate Jurisdictional Limits
Impugned Orders
Precedential Assessment
Non-Binding (Procedural)
This is a summary dismissal of a Special Leave Petition without detailed reasoning on the merits of the underlying dispute. It reaffirms the established principle regarding the discretionary nature and narrow scope of Article 136 jurisdiction, rather than laying down a new principle of law.
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Order Issued After Hearing
Purpose:
Case Registered
Listed On:
15 Sept 2014
Original Order Copy
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Order Text
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.
(Parveen Kr. Chawla) (Phoolan Wati Arora) Court Master Assistant Registrar Signature Not Verified
Digitally signed by Parveen Kumar Chawla Date: 2014.10.09 16:26:08 IST Reason: