Fair hearing before recall in asset attachment dispute; limited reopening did not disturb the approved resolution plan.
Where relief in an appeal directly affects asset attachment and has wider consequences for an affected authority, fair adjudication requires that authority to be heard even if not formally impleaded. The earlier judgment was recalled because the authority had not been given an opportunity of hearing on an issue touching its rights and interests. The recall was confined to the limited challenge concerning withdrawal of attachment and did not disturb the separately approved resolution plan, which continued to operate unaffected.
Issues: (i) Whether the enforcement authority, though not impleaded in the appeal, ought to have been heard before the earlier judgment was delivered, having regard to the effect of the challenge on attachment of assets. (ii) Whether the earlier judgment dated 13.08.2024 deserved recall, and if so, whether such recall would affect the already approved resolution plan.
Issue (i): Whether the enforcement authority, though not impleaded in the appeal, ought to have been heard before the earlier judgment was delivered, having regard to the effect of the challenge on attachment of assets.
Analysis: The relief sought in the appeal directly affected the attachment of assets and had wider ramifications beyond the immediate parties. Even if the enforcement authority was not indispensable for passing an effective order, its presence and hearing were relevant for a complete and final adjudication of the controversy. The earlier decision had been rendered without giving that authority an opportunity of hearing on a matter affecting its rights and interests.
Conclusion: The enforcement authority ought to have been heard before final disposal of the appeal.
Issue (ii): Whether the earlier judgment dated 13.08.2024 deserved recall, and if so, whether such recall would affect the already approved resolution plan.
Analysis: In view of the absence of hearing to the enforcement authority and the fact that the issue of attachment had larger consequences, the ends of justice required recall of the earlier judgment so that the appeal could be heard afresh. At the same time, the challenge in the appeal was confined only to the issue of withdrawal of attachment and did not include the approval of the resolution plan itself. The recall was therefore to be restricted to the limited issue already raised and was not to disturb implementation of the approved resolution plan.
Conclusion: The earlier judgment was recalled, while the approval and implementation of the resolution plan remained unaffected.
Final Conclusion: The matter was reopened only for reconsideration of the limited attachment issue, and the approved resolution plan continued to operate without interruption.
Ratio Decidendi: Where the relief sought in an appeal directly affects the rights of an affected authority and the controversy has broader consequences, fair adjudication requires that such authority be heard, and an earlier judgment rendered without such hearing may be recalled without disturbing issues not under challenge.
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