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Smart Summary

Summary of Opinion

Factual and Procedural Background

The court heard learned counsel for the parties and perused its own prior order dated 24th April, 2006 in Appeal No. 219 of 2006. The Division Bench judgment of this Court in the case of Union of India v. Anand Builders dated 2nd July, 1997 was found to be applicable to the present appeal. On that basis the court concluded that the appeal was devoid of merits and dismissed it.

Legal Issues Presented

The opinion addresses a procedural matter and does not frame distinct legal issues.

Arguments of the Parties

The opinion does not contain a detailed account of the parties' legal arguments.

Table of Precedents Cited

Precedent Rule or Principle Cited For Application by the Court
Union of India v. Anand Builders dated 2nd July, 1997 The opinion does not specify the rule or principle cited from this precedent. Found to apply to the present case and formed the basis for dismissing the appeal.

Court's Reasoning and Analysis

The court's reasoning, as stated in the opinion, was: after hearing counsel and reviewing its earlier order dated 24th April, 2006 (Appeal No. 219 of 2006), the Division Bench judgment in Union of India v. Anand Builders (dated 2nd July, 1997) was determined to be applicable to the facts of the present case. Based on that determination the court concluded the appeal lacked merit.

Holding and Implications

DISMISSED

Direct effect: the appeal was dismissed as devoid of merits. No broader implications or new legal principles are discussed in the opinion.

    Union Of India v. M/S. Bright Power Projects (I) Pvt. Ltd.

    1. Heard the learned Counsel for the parties. After hearing the parties for some time and also after perusing our order dated 24th April, 2006 in Appeal No. 219 of 2006, it is clear that the Division Bench Judgment of this Court in the case of Union of India v. Anand Builders dated 2nd July, 1997 will apply to the present case also. Under these facts and circumstances of the case, the Appeal is totally devoid of merits. The same stands dismissed.

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    Union Of India v. M/S. Bright Power Projects (I) Pvt. Ltd.
    (Aug 7, 2006)