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.