Toshiba Anand Lamp Ltd. Vs. Verghes & Ors.
EmailAppeal: Civil Appeal Nos. 722-35 of 1974.
Petitioner: Toshiba Anand Lamp Ltd.
Respondent: Verghes & Ors.
Apeal: Civil Appeal Nos. 722-35 of 1974.
Judges: V. BALAKRISHNA ERADI & V. KHALID, JJ.
Date of Judgment: May 06, 1987
Appearances:
Mr. G.P. Pai Senior Advocate, Ms. Leela Goswami, M/s. D.N. Misra and Mr. S. Sukumaran, Advocates for the Appellants.
M/s. M.K.D. Naboodry and Mr. P.K. Pillai, Advocates for the Respondents.
Head Note:
LOCUS STANDI
Appeal before the High Court – Question of locus standi – Order of High Court set aside.
Appeal before the High Court – Question of locus standi – Order of High Court set aside.
Cases Reffered:
Himalayan Tiles & Marbles (P) Ltd. v. Fancis Victor Couinho (dead) by L.Rs. & Ors. 1980 (3) SCR 235.
JUDGEMENT:
O R D E R
1. In view of the decision of this Court in HIMALAYAN TILES & MARBLES (P) LTD. V. FANCIS VICTOR COUINHO (DEAD) BY L.RS. & ORS. 1980 (3) SCR 235, it is not possible to sustain the view taken by the High Court that the appellant herein had no locus standi to maintain the appeal before the High Court. The judgment and order of the High Court is accordingly set aside and the matter is remanded to the High Court for being restored to file and disposal on merits. The parties are to bear their respective costs.
2. The appeals are disposed of accordingly.
Appeals Allowed.
1. In view of the decision of this Court in HIMALAYAN TILES & MARBLES (P) LTD. V. FANCIS VICTOR COUINHO (DEAD) BY L.RS. & ORS. 1980 (3) SCR 235, it is not possible to sustain the view taken by the High Court that the appellant herein had no locus standi to maintain the appeal before the High Court. The judgment and order of the High Court is accordingly set aside and the matter is remanded to the High Court for being restored to file and disposal on merits. The parties are to bear their respective costs.
2. The appeals are disposed of accordingly.
Appeals Allowed.
