The Supreme Court today (December 9) imposed a cost of Rs. 50,000 on the Food Corporation of India (FCI) and Divisional Manager each, while dismissing its special leave petition. It also orally remarked that the filing of SLP should not have been advised.
The SLP came before a bench of Justices Bela M. Trivedi and Satish Chandra Sharma which at the outset remarked that they would impose a cost on the petitioners. The Court found the present petitioners had sought a review of the common impugned order dated October 19, 2023, passed by the High Court of Tripura, Agartala, which was earlier challenged by the petitioners before this Court by filing SLP.
The said SLPs were dismissed by a three-judge bench of this Court in order dated January 4, without granting any liberty to the petitioners to approach the High Court by filing review petition. However, the petitioners, after the dismissal of said SLPs, filed Review petitions before the High Court, which came to be dismissed by the High Court vide its order dated July 10, against which is the present SLP.
At the outset, Justice Bela questioned: “This has to be dismissed with cost. How dare you file this? Who is the advocate on record? Argue.”
When the Counsel for the petitioners, Purushottam Sharma Tripathi, started briefly speaking on the merits, Justice Sharma interjected and said: “Your SLP was dismissed after hearing you. Then you file a review before the High Court. Under which provision of law?”
Justice Bela added: “Was liberty granted?” To which, the counsel clarified that no liberty was granted to approach the High Court.
She responded that the liberty to approach the High Court should have been obtained before the Supreme Court. She added: “How review is maintainable? We will impose a cost on FCI. You cannot be permitted to waste the court’s time like this. For once, we can understand private party taking chances but not FCI.”
Despite repeated requests from the Counsel, the Court dismissed the SLP with cost. It also rejected the request of the counsel to withdraw the SLP.
The cost will be deposited to the Supreme Court Legal Services Authority.
Case Details: THE FOOD CORPORATION OF INDIA AND ANR v. NAMITA PAUL Diary No. 50350-2024
