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M/S Kunj Aluminium Private Limited ( S ) - vs - M/S Koninklijke Phillips Electronics Nv ( S )

Supreme Court Of India|04 April, 2011
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JUDGMENT / ORDER

Summary

Issue: Lack of reasons in the impugned judgment
Rule: The judgment should provide reasons for its decision
Application: The impugned judgment of the Delhi High Court does not provide any reasons for its decision, which is a violation of the principle of providing reasons in judgments
Conclusion: The impugned judgment of the Delhi High Court is set aside and remanded for a fresh hearing in accordance with law
REPORTABLE
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 2915 OF 2011 (Arising out of Special Leave Petition (C) No.9553 of 2010) M/s. Kunj Aluminium Private Limited .. Appellant (s) -versus-
M/s. Koninklijke Phillips Electronics NV .. Respondents (s) J U D G M E N T Markandey Katju, J.
1. Leave granted.
2. Heard learned counsel for the parties.
3. This appeal has been filed against the impugned judgment of the Delhi High Court dated 30.11.2009 passed in Letters Patent Appeal No.613 of 2009. Without going into the merits of the controversy we find that the impugned judgment of the Division Bench dated 30.11.2009 gives no reasons.
4. The impugned judgment of the Division Bench only states :
“5. We have heard Mr. Arvind Nigam, learned Senior counsel appearing for the appellant at length. We have also perused the documents on records as well as the impugned judgment of the learned Single Judge.
6. We are of the considered view that the impugned order suffers from no legal infirmity which warrants interference by way of appeal.”
5. In our opinion this was not the way to dispose off an appeal. The impugned order is too cryptive. There should have been at least a brief discussion of facts and some reasons. It has been held by this Court that even an order of affirmance must give some reasons, even if brief vide Chairman, Disciplinary Authority, Rani Lakshmi Bai Kshetriya Gramin Bank vs. Jagdish Sharan Varshney & Ors. JT 2009(4) SC 519. Hence we set aside the impugned order and remand the matter to the Division Bench for a fresh hearing in accordance with law, expeditiously.
6. Appeal is allowed. No costs.
… J.
[MARKANDEY KATJU] … J.
[GYAN SUDHA MISRA] NEW DELHI; APRIL 04, 2011
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Title

M/S Kunj Aluminium Private Limited ( S ) - vs - M/S Koninklijke Phillips Electronics Nv ( S )

Court

Supreme Court Of India

JudgmentDate
04 April, 2011
Judges
  • Markandey Katju
  • Gyan Sudha Misra