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Supreme Court of India 2018-09-26

Super Bazar Karamchari Dalit Sangh & Ors vs Union of India & Ors

Bench: 3 — D.Y. Chandrachud

In Brief

Super Bazar, a multi-state cooperative society that incurred massive losses, was placed under liquidation. To revive it, Writers & Publishers Pvt. Ltd. (WPL) was selected and invested funds. When revival failed, the Court ordered WPL's refund with interest after deducting losses, verified by the CAG. However, in May 2018, the Court approved WPL's refund. The Union of India then challenged this order, revealing that the former Official Liquidator had instructed counsel not to appear before the Court, preventing full facts from being presented. Finding this a miscarriage of justice affecting multiple stakeholders (employees, creditors, government), the Court recalled the May 2018 order and ordered a complete rehearing with all parties properly represented.

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Constitutional Law Cooperative Societies Judicial Review Miscarriage of Justice Procedure Contempt of Court Liquidation

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