Yesterday, in the Matter of Orris Infrastructure Private Limited vs Manoj Aggarwal and ors, the division bench of the Supreme Court of India headed by Justices BR Gavai and Vikram Nath, noted that only the Chief Justice of India has a right to list cases before different benches of the Supreme Court or reassign them.

The Court remarked when it was miffed by a case being listed before it by another bench of Justices MR Shah and CT Ravikumar.

"Puisne judges cannot re-assign matters. It is only possible by the Hon'ble Chief Justice of India," Justice Gavai-led bench said.

Case Brief:

Last Month, The bench of Justices Shah and Ravikumar held that the matter in question should be heard by Justice Gavai-led bench, since a bench of Justices Gavai and Ravikumar had last heard the matter even though no effective order was passed on that date.

The present bench at the outset stated in its order,

"It is a normal practice of this Court that the matter follows a judge who is part of the Bench which has passed an effective order."

After the retirement of Justice Khanwilkar, the matter followed the bench of which Justice Ravikumar was a part, as is the norm. In September last year, it was listed before Justices Gavai and CT Ravikumar, but no order was passed.

Later, when the matter came up before a bench of Justices Shah and Ravikumar, it ordered,

“Let the present application be placed before a Bench presided over by Justice BR Gavai, at the earliest.”

The Gavai-led bench, however, disagreed.

"Ordinarily, the matter(s) pertaining to placing the matter(s) before the Benches are to be passed by Hon’ble the Chief Justice of India. If the particular Bench in particular situation finds that the matter be placed before the another Bench, the Bench is required to direct the matter to be placed before the Hon’ble the Chief Justice of India for obtaining appropriate Orders," the bench noted in its order.

Further, since an effective order was passed by a bench of which Justice Ravikumar was a member, the matter should have followed the bench of which he is a member.

The bench, therefore, directed that the matter be placed before the CJI.

"We find it appropriate to direct the Registry to place the matter before the Hon’ble the Chief Justice of India for obtaining appropriate orders," the Court said.