MISHRIMAL JETHMAL OSWAL Vs. MUNICIPAL COUNCIL OF LONAVALA

JUDGEMENT

(1.) The above matter was argued before the Division Bench of the learned chief Justice Mr. Justice Dalveer Bhandari (as His Lordship then was) and me. Upon conclusion of the arguments in the above matter, we reserved the judgment and order. The same was not pronounced by us. I thereafter prepared the judgment and forwarded a draft thereof to the learned Chief Justice. The learned Chief Justice signed the judgment in new Delhi on 27th October, 2005 when his lordship was still the Chief Justice of this court. On the next day His Lordship was elevated as a Judge of the Supreme Court. By the time the signed copy of the draft judgment was forwarded to me, His Lordship was elevated as a Judge of the Hon'ble Supreme court of India. Thus, by the time the judgment and order could have been pronounced by me, his Lordship had ceased to be a Judge of this court.

(2.) The question is whether in these circumstances I am entitled to pronounce the judgment. Mr. K. K. Singhvi, the learned senior Counsel appearing on behalf of the petitioners submits I should pronounce the judgment. Mr. Aney, the learned Senior counsel appearing on behalf of Respondent no. 4 submits that I am not entitled to pronounce the judgment. I have answered the question in the negative.

(3.) This aspect was argued before me in chambers on more than one occasion. The matter stands covered by a judgment of the supreme Court in the case of Surendra Singh and Ore. Vs. State of Uttar Pradesh, AIR 1954 supreme Court 194.