(A.M. Khanwilkar and C.T. Ravikumar, JJ.)
Union of India and Others _________________________ Appellant(s);
v.
AAP and Company _______________________________ Respondent.
Civil Appeal No(s). 5978/2021, decided on December 10, 2021
The Order of the court was delivered by
Order
1. This appeal takes exception to the judgment and order dated 24.6.2019 passed by the High Court of Gujarat at Ahmedabad in Special Civil Application No. 18962 of 2018.
2. This judgment has been expressly overruled by a three-Judge Bench decision of this Court in Civil Appeal No. 6520 of 2021 titled Union of India v. Bharti Airtel Ltd., reported in (2021) 13 SCALE 301.
3. Learned counsel for the respondent was at pains to persuade us that the three-Judge Bench judgment can be distinguished, without realising that the three-Judge Bench judgment expressly overrules the impugned judgment. In such a case, the argument of distinguishing the three-Judge Bench judgment is not available.
4. The note submitted by the respondent is taken on record only to be rejected.
5. The appeal succeeds on the same terms as in Civil Appeal No. 6520 of 2021 titled Union of India v. Bharti Airtel Ltd., reported in (2021) 13 SCALE 301.
6. The civil appeal is disposed of in the above terms.
7. Pending applications, if any, stand disposed of.
Civil Appeal No(s). 5978/2021
Union of India & Ors ______________________________ Appellant(s)
v.
AAP and Company _________________________________ Respondent
Date: 10-12-2021 This appeal was called on for hearing today.
(Before A.M. Khanwilkar and C.T. Ravikumar, JJ.)
For Appellant(s) Mr. Aman Lekhi, ASG
Mr. M.K. Maroria, AOR
Ms. Praveena Gautam, Adv
Ms. Nisha Bagchi, Adv
Mr. Neela Kedar Gokhale, Adv
Ms. Preeti Rani, Adv
For Respondent(s) Mr. Devendra Singh, AOR
Mr. Dr. Avinash Poddar, Adv
Mr. Ashok Sikka, Adv, Adv.
Mr. Arvind Kumar, Adv.
Mr. Prahlad Narayan Singh, Adv.
Ms. Vivek Mishra, Adv.
Ms. Mansha Shukla, Adv.
Mr. Sameer Singh, Adv.
Ms. Neelam Singh, AOR
UPON hearing the counsel the Court made the following
ORDER
8. Leave granted.
9. The civil appeal is disposed of in terms of the signed order.
10. Pending applications, if any, stand disposed of.
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