Fernando Lopez & Ors. Vs. Owners & Parties interested in M.V.Vali Pero
EmailAppeal: Special Leave Petition (Civil) No.5959 of 1988.
Petitioner: Fernando Lopez & Ors.
Respondent: Owners & Parties interested in M.V.Vali Pero
Apeal: Special Leave Petition (Civil) No.5959 of 1988.
Judges: SABYASACHI MUKHARJI & S.RANGANATHAN,JJ.
Date of Judgment: May 11, 1988
Head Note:
PRACTICE & PROCEDURE
Final disposal of matter – The trial judge who heard the evidence and arguments to dispose of the matter finally.
JUDGEMENT:
O R D E R
1. We have perused the two orders of the learned trial Judge one being dated the 18th March, 1988 and the other dated 7th April, 1988. It appears that in the order dated the 18th March, 1988 the learned Judge has observed that without directions from this Court it was not possible for the learned Judge to pass any final order. No directions thereafter were obtained from this Court.The evidence was concluded before the learned trial Judge and arguments have also been heard. But the learned Judge by the order dated the 7th April, 1988 released the suit from the list with directions to the parties to mention before the proper forum. In view of the facts of this case, in the interest of justice, we are of the opinion that the matter should be finally disposed of by the same learned trial Judge who heard the evidence and arguments in this matter. We, therefore, direct the learned trial Judge to dispose of the matter and pass the final order in accordance with law as he considers fit and proper. We, however, make it clear that no order of this Court will stand in the way of the learned Judge disposing of the matter finally as it seems to have been felt as indicated in the order of the learned trial Judge. Having regard to the facts that this case involves distressed foreign sailors who are in difficult conditions and the matter is lingering long it would be desirable in the interest of justice to dispose of the matter as quickly as possible and preferably within a period of three months from today.
1. We have perused the two orders of the learned trial Judge one being dated the 18th March, 1988 and the other dated 7th April, 1988. It appears that in the order dated the 18th March, 1988 the learned Judge has observed that without directions from this Court it was not possible for the learned Judge to pass any final order. No directions thereafter were obtained from this Court.The evidence was concluded before the learned trial Judge and arguments have also been heard. But the learned Judge by the order dated the 7th April, 1988 released the suit from the list with directions to the parties to mention before the proper forum. In view of the facts of this case, in the interest of justice, we are of the opinion that the matter should be finally disposed of by the same learned trial Judge who heard the evidence and arguments in this matter. We, therefore, direct the learned trial Judge to dispose of the matter and pass the final order in accordance with law as he considers fit and proper. We, however, make it clear that no order of this Court will stand in the way of the learned Judge disposing of the matter finally as it seems to have been felt as indicated in the order of the learned trial Judge. Having regard to the facts that this case involves distressed foreign sailors who are in difficult conditions and the matter is lingering long it would be desirable in the interest of justice to dispose of the matter as quickly as possible and preferably within a period of three months from today.
