CINE EXHIBITION PVT. LTD Vs. COLLECTOR, DISTRICT GWALIOR

JUDGEMENT

(1.) These applications have been preferred under Order XVIII Rule 5 of the Supreme Court Rules, 1966 (for short 'the Rules) against the order of the Registrar dated 28.8.2012, alleging that the applications under Order XVIII Rule 5 of the Rules lodging the applications for clarification/modification of the Judgment dated 11.1.2012 of this Court in Civil Appeal Nos.281-282 of 2012 cannot be sustained in law. Applications for clarification/modification were filed on 21.2.12 seeking the following reliefs:

(2.) Dr. Rajeev Dhawan, learned senior counsel appearing for the applicants submitted that the respondent-State of Madhya Pradesh had suppressed various documents which had substantial bearing on the outcome of the appeals. According to the learned senior counsel the following are some of the documents which were suppressed from this Court:

(3.) Learned senior counsel submitted that the only argument urged before the Bench was that since the property in question was Government land which had not been transferred by it to Gwalior Development Authority, the authority could not have dealt with such land by executing a lease which had been in favour of the applicants. Learned senior counsel submitted that various statements made by the State were couched with malice, fraud and material suppression of facts. Consequently, it was stated that the Registrar should have entertained the applications for modification/clarification and were wrongly lodged.