BIRAT CHANDRA DAGARA Vs. TAURIAN EXIM PVT. LTD.

JUDGEMENT

(1.) This appeal was disposed of by judgment dated 18.3.2005. The appellant filed Civil Appeal No.3397 of 2005 arising out of S.L.P.(C) No.10573 of 2005 before the Hon'ble Supreme Court assailing the said judgment. After hearing the parties, the Hon'ble Supreme Court passed the following order and remitted the matter back to this Court for fresh consideration of the appeal The order passed by the Hon'ble Supreme Court is quoted below:-

(2.) The impact of Rule 37 of Mineral Concession Rules, 1960 (hereinafter called 'the Rules') was neither pleaded in the appeal nor was any argument advanced in relation to the same. Accordingly the Court while disposing of the appeal did not consider the impact of Rule 37 of the aforesaid Rules. After remand, learned counsel for both sides were heard again with regard to impact of Rule 37 of the aforesaid Rules on the issue involved in this appeal.

(3.) Though from the impugned order passed by the learned Civil Judge (Senior Division), Rairangpur, it appears that impact of Rule 37 of the Rules had been raised, no such pleading was taken in this appeal and consequently learned counsel appearing for the parties did not make any submission in that regard.