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november 1984

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.

SAMARIAS TRADING CO. PVT. LTD. vs S. SAMUEL & ORS. · Niyam