VidhiSangh

Supreme Court of India · 26/09/2018

SUPER BAZAR KARAMCHARI DALIT SANGH AND ORS. versus UNION OF INDIA AND ORS.

[2018] 13 S.C.R. 428 · 2018 INSC 894

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Summary

The Supreme Court recalled its 17 May 2018 order concerning Writers & Publishers’ refund claim arising from the failed Super Bazar revival. Important audit findings and stakeholder interests had not received a full hearing because the Union and Super Bazar were unrepresented after the former liquidator instructed counsel not to appear. A fresh hearing was required before determining what amount, if any, was payable. The Court dismissed WPL’s contempt petitions based on non-compliance with the recalled order and left the competing financial claims for determination after hearing all affected stakeholders.

Issues

  1. Whether the 17 May 2018 order should be recalled because important facts and stakeholders had not been heard.
  2. Whether WPL’s contempt petitions survived recall.
  3. What further hearing was required before determining any refund.

Held

Result

Order dated 17 May 2018 recalled; fresh hearing required before final financial determination. WPL’s consequent contempt petitions dismissed and the Union’s application disposed of insofar as it sought recall.

Judgment PDF: Supreme Court of India, [2018] 13 S.C.R. 428.