SUPREME COURT OF INDIA

Before:- S.P. Bharucha and R.C. Lahoti, JJ.

Civil Appeals Nos. 15441-53 of 1996 with No. 15454 of 1996. D/d. 14.12.1999.

State of Bihar and others - Appellants

Versus

Laxmi Hard Coke Mfg. Co. and others - Respondents

Adjournment - Matter to be decided on facts but no documents placed before the Court - Adjournment sought to place relevant documents before the Court - For the simple reason that these documents ought to have formed part of the paper-book at the initial stage, because they are the backbone of the case on either side.

[Para 1]

ORDER

S.P. Bharucha, J. - The question in these appeals is whether the sale of coke was an intra-State sale, as held by the High Court, or an inter-State sale, as held earlier by the Tribunal. It is true that the sale was an oral contract and not in writing, but on the basis of various consequential documents, the Tribunal and the High Court have come to their respective conclusions. None of these documents are before us, nor is the statement of case drawn by the Tribunal, which was the basis of the High Court's decision. This is a matter that must be decided squarely on facts and in the absence of facts, we will not venture to reach a decision. Learned counsel for the appellants applies for an adjournment to place the documents on record. We decline the adjournment for the simple reason that these documents ought to have formed part of the paper-book at the initial stage, because they are the backbone of the case on either side.

2. The civil appeals are dismissed.

3. No order as to costs.

Appeals dismissed.