2022 (10) TMI 1152 - SCH - Indian Laws

Seeking rejection of the plaint under Order VII Rule 11 of the Code of Civil Procedure 1908 - HELD THAT - In the facts and circumstances of the present case no interference of this Court is called for in exercise of powers under Article 136 of the Constitution of India. The Special Leave Petitions stand dismissed.

Summary

Issues:
- Review of impugned judgment and order
- Exercise of powers under Article 136 of the Constitution of India
- Dismissal of Special Leave Petitions
- Clarification on observations made by the Division Bench of the High Court
- Treatment of observations as tentative
- Grant of leave to file suit in the Madras High Court
- Disposal of suits before Madras High Court and Bombay High Court
- Decision based on merits and in accordance with law
- Disposal of pending applications

Analysis:

The Supreme Court reviewed the impugned judgment and order passed by the Division Bench of the High Court. After hearing the counsel for both parties, the Court determined that no interference was necessary in this case under the powers granted by Article 136 of the Constitution of India. Consequently, the Special Leave Petitions were dismissed by the Court.

In providing further clarification, the Court stated that any observations made by the Division Bench of the High Court or the order passed by the Single Judge should be considered tentative. This clarification was crucial in the context of granting leave to file a suit in the Madras High Court. The Court emphasized that the suits pending before the Madras High Court and the Bombay High Court must be decided and disposed of based on their own merits and in accordance with the law.

Moreover, the Court directed that any pending application(s) would be disposed of as well. This comprehensive judgment ensured that the legal process was followed diligently, and decisions were made based on the merits of each case. The Court's clarification on the tentative nature of certain observations aimed to maintain fairness and adherence to legal procedures in the adjudication of the suits before the High Courts.