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february 2009

Supreme Court of India · 2009-02-20

State Of M.P. & Ors vs M/S Gaylord Chemicals

Court
Supreme Court of India
Petitioner
State Of M.P. & Ors
Respondent
M/S Gaylord Chemicals
Bench
D.K. Jain, R.M. Lodha

Judgment text excerpt

The Supreme Court held that the Madhya Pradesh High Court's Division Bench erred in dismissing the intra-Court appeal as not maintainable, asserting that the appeal was primarily under Article 226 of the Constitution, despite the Single Judge's reference to Article 227. The Court emphasized that when a writ petition invokes both Articles, it should be treated as under Article 226 for the purpose of appeal rights. The Court set aside the impugned order and remanded the case for a merits decision, allowing for consideration of the delay condonation application.

State Of M.P. & Ors vs M/S Gaylord Chemicals · Niyam