The Hon’ble Supreme Court, on 10thJuly, 2019, in the matter of M/S. S.E. Graphites Private Limited v. State of Telangana & Ors. observed that every appellate order attracts the doctrine of merger and is enforceable even if the order is a non-speaking one.
The Hon’ble Supreme Court observed that:
Filing, institution or presentation of appeal in the office of the Appellate Authority is an independent event than the appeal being taken up for consideration “for the first time” for being admitted on merits or otherwise and/or for condonation of delay in filing it, as the case may be. (Para 9)
Once a special leave petition has been granted, the doors for the exercise of appellate jurisdiction of Supreme Court have been let open. The order impugned before the Supreme Court became an order appealed against and any order passed thereafter would be an appellate order and attract the doctrine of merger despite the fact that the order is of reversal or of modification or of affirming the order appealed against and including is a speaking or nonspeaking one. (Para 11)
Copy of judgement: Judgement_10-Jul-2019