- (1.) This case has come up by the order of Hon'ble the Chief Justice as fresh today in view of Apex Court's judgment dated 3.11.2014 passed in Civil Appeal No. 10011 of 2014 (arising from SLP (C) No. 27616 of 2014 whereby earlier judgment of this Court dated 29.5.2014 has been set aside and the Hon'ble Court, in the relevant part of its order, has said as under: "Keeping in view the facts and circumstances of the present controversy, we are of the view that the order passed by the High Court is a non-speaking order and, as such, deserves to be set aside. The same is accordingly set aside. The matter is remanded back to the High Court requiring it to consider the matter on merits in accordance with law. We would appreciate if the Hon'ble Chief Justice of the High Court lists the matter before the same Hon'ble Judge who had disposed of the matter by passing the impugned order dated 29.05.2014. The appeal is disposed of in the above terms. The parties are directed to appear before the High Court on 04.12.2014 whereupon the High Court shall dispose of the matter by hearing it on day-to-day basis."
(2.) Though the case has been called several times, but neither petitioners appeared in person nor any of their counsels has put in appearance. In the circumstances, I called upon the learned counsels who had appeared in this matter and whose vakalat-nama is on record through the Court Master.
(3.) Sri Ajay Kumar Singh, one of the counsels for petitioners, stated that he has no instructions in the matter and Sri P.K. Ganguly would argue the matter. When called, Sri Ganguly appeared and stated that neither he is aware of Supreme Court's order nor possess file since his client took away the same and has not given any instruction to him to contest and argue the matter after remand. Therefore, he is not able to assist the Court. No other counsel has appeared. The petitioners are also not present though they were directed by Apex Court to appear before this Court today, i.e. on 4.12.2014 and obviously the aforesaid judgment was passed by the Court in presence of the parties, in appeal instituted by present petitioners themselves.;