STATE OF UTTARAKHAND Vs. UNION OF INDIA

JUDGEMENT

(1.) This order will dispose of an application (I.A. No. 3/2014) preferred by second defendant (hereafter "State of U.P.") to recall an order made by this Court on 16.12.2013 setting it down ex parte. The State of Uttarakhand has filed the present Suit under Article 131 of the Constitution for various reliefs, including a declaration that the allocation of 25% shareholding in the Tehri Hydro Development Corporation (hereafter "THDC") in favour of the State of U.P. consequent to the enactment and coming into force of the U.P. Reorganisation Act, 2000, is void with effect from 09.11.2000 and a further declaration that the plaintiff/State of Uttarakhand, is the rightful owner of the said shareholding and consequently, decree of mandatory and permanent injunction to allocate the said shareholding of THDC in its favour and also allocate the dividends from 09.11.2000 till disposal of the suit, to it.

(2.) This court entertained the suit by proceeding dated 06.12.2012 and by order dated 12.12.2012 dismissed the application for interim relief. On 02.09.2013, it was noticed that chamber summons had been filed and the Registry was directed to take further steps. On 07.10.2013, notice was directed to be served upon the Chief Secretary, State of U.P. as well as the Standing Counsel for the State of U.P. These notices were served ­ as evident from the order dated 10.11.2013. In spite of service of notice, State of U.P. was not represented on 16.12.2013 and was set down ex parte.

(3.) I.A. No. 3/2014 was filed by State of U.P. on 09.04.2014, seeking recall of the order dated 16.12.2013. The application states that notice of the suit was received by the State of U.P. on 23.10.2013 and the matter was referred to the concerned department. Apparently, THDC was notified of the pendency of the proceedings and evidently upon receipt of information with respect to the order (setting it down ex parte on 16.12.2013), further steps were taken, which included a Joint Meeting of various Departments on 03.02.2014; the appointment of the concerned counsel on 11.03.2014 and instructions being furnished to him to file an application to recall the order setting the State of U.P. ex parte. The record also indicates that the plaintiff resisted the application and filed a reply dated 08.06.2016, and further sought decree in terms of Order VIII Rule 1 of the Code of Civil Procedure, 1908.