2012 (10) TMI 881 - SC - Indian Laws

Review petition as Union of India was not duly served with the notice of the proceedings in any of the petition for special leave to appeal which were subsequently converted into civil appeals - Held that - Union of India was not given an opportunity to represent its case due to mistake on the part of the Registry. Applying the well settled principles governing a review petition and giving anxious and careful consideration to the facts and circumstances of this case the review petition filed by the Union of India should be admitted - review petitions filed by JSW Steel Ltd, M/s Kalyani Steels Ltd, M/s Kalyani Steel Mills Ltd. and the State of Karnataka are concerned, no order has been passed until the review petition of the Union of India is heard.

Summary

Issues:
1. Defective service of notice to Union of India in civil appeals.
2. Violation of principles of natural justice.
3. Review petition filed by Union of India.
4. Pending review petitions by other parties.

Analysis:
1. The main issue in this judgment revolves around the defective service of notice to the Union of India in civil appeals. The Attorney General raised concerns that the Union of India was not duly served with the notice of the proceedings, leading to a potential violation of the Union's right to represent its interests in court. The Registry's report confirmed the erroneous service to a non-existent entity, highlighting a significant procedural error.

2. The judgment emphasizes the importance of upholding the principles of natural justice, which include the right of every party to represent their case in court. It is deemed unacceptable to pronounce a judgment that adversely affects a party's interests without affording them the opportunity to present their arguments. In this case, the Union of India was deprived of this fundamental right due to the mistake in service, underscoring the necessity of rectifying the error.

3. Considering the gravity of the situation and the fundamental principles at stake, the Supreme Court, comprising P. Sathasivam and H.L. Dattu JJ., decided to admit the review petition filed by the Union of India. The Court acknowledged the need to correct the procedural lapse and ensure that the Union of India is given a fair chance to present its case in the proceedings, thereby upholding the principles of natural justice and procedural fairness.

4. In light of the review petition filed by the Union of India, the Court refrained from passing any orders on the review petitions filed by other parties, including JSW Steel Ltd, M/s Kalyani Steels Ltd, M/s Kalyani Steel Mills Ltd., and the State of Karnataka, until the Union of India's review petition is duly heard. This decision reflects the Court's commitment to addressing the issues of defective service and procedural irregularities before proceeding with the review petitions of other concerned parties, ensuring a just and equitable resolution for all involved.