Union of India and Ors. Vs. Siemens Ltd. and Ors. – Supreme Court

 (2023) taxcode.in 19 SC

IN THE SUPREME COURT OF INDIA

Union of India and Ors.
v.
Siemens Ltd. and Ors.

Special Leave Petition (Civil) Diary No(s). 7213/2023
Decided on 24-Mar-23

Mr. Justice Shripathi Ravindra Bhat and Mr. Justice Dipankar Datta

Add. Info:

Impugned Order: Siemens Ltd. v. Union of India and Ors., (2022) taxcode.in 357 HC

Judgment/Order:

O R D E R

Delay condoned.

After hearing counsel for the parties and considering the impugned judgment, this Court is of the opinion that the course adopted in the impugned order does not commend to us, more so having regard to the fact that the writ petition had been opposed by the Union which had even filed an affidavit.

In the circumstances, this Court would have been benefited from reasoned judgment on the merits rather than the High Court merely adopting and following the reasoning of an order which appears to have been made in exercise of the power under Article 142 of Constitution of India.

In the circumstances, impugned order is set aside. The matter is remitted for fresh consideration by the High Court which is requested to hear the parties and deliver its judgment on the merits after reflecting upon all contentions and the relevant provisions of law. Since the writ petition is of the year 2019, we request the High Court to dispose it of expeditiously- and possibly within six months from today.

This order shall not exclude the parties from raising all contentions; nor shall it be construed as a reflection on its merits.

The special leave petition is disposed of.

Pending applications, if any, are disposed of.

Original judgment copy is available here.