V N SHAH Vs. HINDUSTAN ZINC LIMITED

JUDGEMENT

(1.) The present applicant is the judicial officer of the State. By way of this Misc. Civil Application, he has prayed that his Lordship (Late Justice S.D.Shah) be pleased to grant this application and review the judgment and order dated 18.6.1993 delivered in A.O. No.558/92 with A.O. No.106/93 (reported in 35(1) GLR 161) to the extent that the adverse remarks / strictures made against the applicant with regard to his conduct in para 25 of the said judgment and delete the same from the judgment.

(2.) Initially, notice was ordered to be issued on this application by Justice S.D.Shah himself. In response to the notice issued by this court respondents appeared through their counsel. During the pendency of this application, Justice S.D.Shah died as a Sitting Judge of this court at the young age of 51. Thereafter, my learned Brother Y.B.Bhatt, J. made rule returnable on this application. Thereafter, it was adjourned from time to time by different judges of this court. This matter was adjourned twice by me on the request made by learned counsel for the applicant. Last time, senior advocate Shri Mihir Thakore got this matter adjourned for the purpose of withdrawal of this application, if the applicant is so desired. However, today, learned counsel Shri Thakore, stated at the Bar that the applicant was not willing to withdraw this petition and wants the matter be decided on merits. Therefore, Mr.Thakore was permitted to address this court.

(3.) At the outset, I must state that the applicant wants to seek review of the judgment and order dated 18.6.1993 passed by late Justice S.D.Shah in A.O. No.558/92 with A.O. No.106/93 with CA No.975/93 and 5157/97 passing certain strictures against the applicant in para 25 of the said judgment without placing it on the record of this case. I am of the considered opinion that the party who seeks review of the order must place the same order on record and without placing it on record the applicant cannot get any relief from this court because it is well-settled principle of law that any party aggrieved by the order must first place it before the court for its consideration and without placing it on record no person can get relief from the court. Hence, only on this ground this application is required to be rejected. However, learned Senior Advocate Shri Thakore for the applicant submitted that this court should not take such a hyper-technical view of the matter and dispose it only on this ground because the said judgment of late Justice S.D.Shah has already been reported in 1994(1) GLR 161 in its entirety, therefore, this court should consider the case of the applicant seeking review of the order passed by late Justice S.D.Shah in this application. He submitted that once the Hon'ble Supreme Court permitted the applicant to file review petition against the order passed by late Justice S.D.Shah then, this court cannot dismiss the application on such ground.