Dear Experts,
I shall be highly obliged, if experts can suggest the procedure to be followed in an SLP filed before Hon SC, the preamble is as follows:
- An SLP has been filed by a private company against an order passed by Hon HC. The private company is the petitioner and government agency is the respondent.
- Private company had filed a statutory document before they approached Hon HC & lost the case and appealed to Hon SC
- On orders from Hon SC, counter affidavits were filed in which this statutory document formed the basis for answering specific questions that Hon SC had raised.
- Additionally, this statutory document was heavily relied upon during the arguments by the respondent.
- After hearing the arguments, leave was neither granted to the petitioner nor HC order was stayed and Hon SC fixed the final hearing date in September 2014.
- However, it has now come to light that this statutory documents has serious errors which needs to be rectified and under the prevailing laws & rules, the respondent government agency has the powers to order the petitioner company to change it (obviously within the four corners of the act, rules and regulations).
- The respondent government agency has ordered for this statutory document to be corrected by the private company (petitioner) within 15 days.
Now, under the given circumstances, is it mandatory for the petitioner private company to seek leave of Hon SC before making the corrections to the statutory documents, since they themselves are the petitioners & the respondent has ordered for amendment?
Or should the government agency (which also the respondent & the one who ordered for the changes to be made mid-way in an SLP) should have sought leave or at least mentioned in its order for the petitioner to seek leave of Hon SC?
References to the Rules applicable in this situation or any citations on this topic would really help. Your valuable inputs and suggestions would be highly appreciated.
Thanks & best regards,
Achyut Rao
