(Per : HONOURABLE MR.JUSTICE A.J.
DESAI)
1. By the present Misc. Civil Application, the original appellants have prayed to review and/or clarify the judgment dated 9.2.2012 by observing that the Resolutions passed at the Extra Ordinary General Meeting of the opponent No.3 i.e., National Multi Commodity Exchange of India, held on 19.09.2011 shall be treated as quashed and set aside and also prayed for further direction to opponent No.3 National Multi Commodity Exchange of India to take such consequential steps as may be necessary pursuant to the quashment of resolution passed on 19.9.2011 in the said Extra Ordinary General Meeting.
2. We have heard learned Senior Counsel Mr.Mihir Thakore assisted by learned advocate Mr.A.M.Hava for Singhi & Company for appellant No.1, learned Senior Counsel Mr.Kamal B.Trivedi assisted by learned advocate Mr.Bijal Chhatrapati with learned advocate Mr.A.M.Hava for the appellant No.2, learned advocate Mr.Navin Pahwa for respondents No.3 and 7 and learned advocate Mr.P.S.Champaneri for respondents No.1, 2, 4 to 6.
3. Though the notice was issued on 21.2.2012 to the respondents and on the same day learned advocate appearing for the respondents waived the service of notice, no affidavit-in-reply has been filed by any of them.
4. Learned advocate Mr.Navin Pahwa appearing for the respondents No.3 and 7 has opposed the prayers made in the application and submitted that whatever resolutions passed in the meeting dated 19.09.2011 and particularly Resolution No.1 and 2 are not relevant with regard to the dispute involved in the present case.
5. We have gone through the judgment dated 9.2.2012 passed by this Court and have also gone through the contents of Civil Application No.9492 of 2011 filed in the present appeal.
6. As stated in para 11 of the judgment, an order dated 8.9.2011 of the Division Bench passed in Civil Application No.9492 of 2011, is quoted in the said paragraph. Para 6 of the quoted portion reads as under:
"..... Civil Application stands disposed of with the aforesaid observation.
It is needless to say that if any decision is taken by third respondent or its governing body or any other authority during the pendency of the appeal, it shall be subject to the result of this case. List main matter for hearing on 26th Sept.2011."
7. It is pertinent to note that after quoting the above-referred paragraph while disposing the appeal on 9.2.2012 this Court has observed in para 12 which reads as under.
"Needless to mention that the effect of the aforesaid order of the Division Bench would be that any decision is taken in the meeting held on 19th September, 2011, is subject to the final outcome of the present appeal."
8. Considering overall submissions made by learned advocate appearing for the parties, we are of the opinion that it was categorically mentioned by the Division Bench while passing an order on 8.9.2011 and judgment dated 9.2.2012, that whatever decision taken by the respondent or its governing body or any other authority during the pendency of the appeal, it shall be subject to the result of this case means the appeal which was pending before the Division Bench.
9. By judgment dated 09.02.2012 this Court has quashed the order dated 23rd July, 2011, passed by respondent No.1 - Commission, and has remitted the matter to respondent No.1 - Commission to pass appropriate orders after following due process of law, whatever orders passed by any of the respondents during the pendency of appeal is required to be treated as quashed.
10. We are of the view that though this aspect was taken into consideration while giving reasons in the judgment, through by inadvertent mistake the same is not reflected in the operative part of the order. We, therefore, allow this application as there is error apparent on the face of the record in the operative part of our order. The resolution passed at the Extra Ordinary General Meeting of the opponent No.3 - National Multi Commodity Exchange of India held on 19.09.2011 are hereby quashed and set aside. The opponent No.3 - National Multi Commodity Exchange of India shall take such consequential steps as may be necessary pursuant to the quashment of the aforesaid resolution passed in Extra Ordinary General Meeting held on 19.09.2011. Civil Application accordingly stands disposed of. Direct service is permitted.
(V.M.