Supreme Court of India · 1984-11-09
SAMARIAS TRADING CO. PVT. LTD. vs S. SAMUEL & ORS.
- Citation / case number
- SC 1984/68513
- Court
- Supreme Court of India
- Petitioner
- SAMARIAS TRADING CO. PVT. LTD.
- Respondent
- S. SAMUEL & ORS.
- Author
- O. CHINNAPPA REDDY
- Bench
- O. CHINNAPPA REDDY
Judgment text excerpt
The Supreme Court held that the practice of entertaining oral applications without a written petition or record is improper and may lead to abuse of court processes. The Court emphasized that interim orders should not be issued without a proper record of the facts and reasons for the order. It clarified that while oral applications can be made in urgent situations, they must at least include skeletal details of the facts and questions involved. The Court ultimately set aside the interim order issued by the Calcutta High Court and directed a fresh auction to be held.