SC: Cases that had not been decided upon the merits of the case shall be remanded to the Court which is to be heard in a fresh manner

The Apex Court on 25.04.2019, in M/s Trimex Sands Pvt. Limited & Anr. v Union of India & Ors., had permitted the appeal that had been made against  the   High   Court   of   Delhi’s judgment and order.

FACTS:

An application of the order had been made by the Union of India, that was disposed of by the the High Court.

The contention being an order that had been issued by the respondents of the said writ petition. The   High Court had not found it relevant to decide the aforesaid petition upon the merits. An appeal had been made by the appellant .A review petition was made by the respondents of the aforesaid writ petition before the High Court against  the order    for  recalling  such order that remained pending.

HELD:
The Apex Court while allowing the appeal and setting aside the order gave direction for remanding   the case to the High Court as previously the case had not been heard based upon its merits followed by the disposal case as per the law. 

Read full judgment here: 

[embeddoc url=”https://www.sci.gov.in/supremecourt/2017/42090/42090_2017_Judgement_25-Apr-2019.pdf” download=”all”]