At, Supreme Court of India
By, THE HONOURABLE MR. JUSTICE ANIL R. DAVE & THE HONOURABLE MR. JUSTICE L. NAGESWARA RAO
For the Appellant: Rakesh Uttamchandra Upadhyay, Advocates. For the Respondents: Gopal Prasad, Advocate.
Anil R. Dave, J.
2. We have heard learned counsel for the parties and perused the impugned judgment.
3. In our opinion, at the time of disposal of the First Appeal, the High Court should have called for the record and proceedings and should have given reasons for coming to a particular conclusion but that has not been done.
4. In such circumstances, the impugned judgment is set aside and the matter is remanded to the High Court so that it can be heard afresh.
5. The parties shall appear before the High Court on 5.9.2016 so that the date of further hearing can be decided.
6. We are sure that the High Court will decide the appeal expeditiously, preferably within six months from the date of the first hearing.
7. With the above observ
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ations and directions, the appeal is disposed of as allowed with no orders as to costs.