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Justice Kapadia recuses from matter involving ITC
Press Trust of India / New Delhi Nov 16, 2009, 15:20 IST

Justice S H Kapadia, who had withdrawn from a Supreme Court bench hearing of a Goa land acquisition case, today recused himself from another matter involving Indian Tobacco Company (ITC) as he held shares in the firm.

Justice Kapadia, who had heard the matter for almost a year, decided to recuse himself as soon as it came up for hearing and conveyed the same to the parties, saying he had ITC shares. Senior counsel Harsh Salve, appearing for ITC, said the company does not have any objection to Justice Kapadia hearing the case.

 
 
 
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However, Senior counsel Fali S Nariman, who was sitting in the court room for another matter, suggested Justice Kapadia not to hear the case.

Justice Kapadia was hearing a petition by ITC seeking relief against the order of the Madurai Bench of the Madras High Court which had held the company responsible for importing "hazardous municipal waste" and directed the customs officials to initiate action against the officers of ITC.

A bench, headed by Justice S H Kapadia, however, had on February 27 restrained the customs authorities from taking action against ITC as the latter's review petition was pending before the High Court.

According to the petitioner, ITC, it had been regularly importing waste paper from reputed exporters all over the world and in its 2005 order to a New Jersey firm, it had stipulated that the waste paper consignment should not have more than 10 per cent non-fibre material like plastic and metal.

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