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Hindustan Coca-cola Beverages (p) Ltd v. Santosh Mittal & Others

Hindustan Coca-cola Beverages (p) Ltd
v.
Santosh Mittal & Others

(Supreme Court Of India)

Special Leave to Petition (Civil) No. 24266-24268, 24413 & 24661-24663 Of 2004 | 06-12-2004


1. Mr. Harish N. Salve, learned Senior Counsel appearing for the petitioner in SLP (C) Nos. 24266-24268/2004 and Mr. Arun Jaitley, learned Senior Counsel appearing for the petitioners in SLP (C) Nos. 24413/2004 and 24661-24663/2004 state that the petitioners will be advised to approach the High Court to seek clarification of exactly what kind of disclosure the High Court requires them to make. We record the statement and dismiss the special leave petitions giving liberty to the petitioners to approach the High Court for that purpose. In case the petitioners feel aggrieved by the order passed by the High Court on the clarification application, the dismissal of these special leave petitions will not come in their way in challenging the said order.

2. We may, however, place on record that the learned Senior Counsel for the petitioners intended to argue larger constitutional issues touching Articles 19 and 21 of the Constitution which have not been raised on a second thinking and we leave them open to be decided in some other appropriate case.

3. Though the special leave petitions are dismissed, but the operation of the order dated 3.11.2004 passed by the High Court suspending the operation of its judgment for six weeks, is extended by another two weeks from today.

Advocates List

For the Petitioner ------ For the Respondents ------

For Petitioner
  • Shekhar Naphade
  • Mahesh Agrawal
  • Tarun Dua
For Respondent
  • S. Vani
  • B. Sunita Rao
  • Sushil Kumar Pathak

Bench List

HON'BLE CHIEF JUSTICE MR. R.C. LAHOTI

HON'BLE MR. JUSTICE D.M. DHARMADHIKARI

HON'BLE MR. JUSTICE G.P. MATHUR

Eq Citation

(2005) 4 SCC 771

2004 (10) SCALE 360

LQ/SC/2004/1382

HeadNote

Constitution of India — Arts. 136, 19(1)(a) and 21 — Larger constitutional issues not argued — Held, they may be decided in some other appropriate case