1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE/ORIGINAL JURISDICTION CIVIL APPEAL NO. 5674 OF 2009 PANDURANG GANPATI CHAUGULE … APPELLANT VERSUS VISHWASRAO PATIL MURGUD SAHAKARI BANK LIMITED … RESPONDENT WITH CIVIL APPEAL NO. 5684 OF 2009 CIVIL APPEAL NO. 5682 OF 2009 CIVIL APPEAL NO. 5681 OF 2009 CIVIL APPEAL NO. 10871 OF 2010 CIVIL APPEAL NO. 5675 OF 2009 CIVIL APPEAL NO. 2384 OF 2020 (@ SPECIAL LEAVE PETITION (CIVIL) NO. 25930 OF 2009) CIVIL APPEAL NO. 4391 OF 2010 CIVIL APPEAL NO. 2385 OF 2020 (@ SPECIAL LEAVE PETITION (CIVIL) NO. 24309 OF 2010) CIVIL APPEAL NO. 7410 OF 2010 CIVIL APPEAL NO. 2386 OF 2020 (@ SPECIAL LEAVE PETITION (CIVIL) NO. 29859 OF 2010) WRIT PETITION (CIVIL) NO. 318 OF 2010 CIVIL APPEAL NOS. 238790 OF 2020 (@ SPECIAL LEAVE PETITION (CIVIL) NOS. 72957298 OF 2011) WRIT PETITION (CIVIL) NO. 41 OF 2011 WRIT PETITION (CIVIL) NO. 220 OF 2011
2 WRIT PETITION (CIVIL) NO. 293 OF 2011 WRIT PETITION (CIVIL) NO. 306 OF 2011 CIVIL APPEAL NOS. 239192 OF 2020 (@ SPECIAL LEAVE PETITION (CIVIL) NOS. 2230422305 OF 2011) WRIT PETITION (CIVIL) NO. 338 OF 2011 WRIT PETITION (CIVIL) NO. 375 OF 2011 CIVIL APPEAL NOS. 239394 OF 2020 (@ SPECIAL LEAVE PETITION (CIVIL) NOS. 2447924480 OF 2011) WRIT PETITION (CIVIL) NO. 122 OF 2012 WRIT PETITION (CIVIL) NO. 199 OF 2012 CIVIL APPEAL NO. 2395 OF 2020 (@ SPECIAL LEAVE PETITION (CIVIL) NO. 24276 OF 2012) WRIT PETITION (CIVIL) NO. 250 OF 2012 WRIT PETITION (CIVIL) NO. 291 OF 2012 WRIT PETITION (CIVIL) NO. 386 OF 2012 WRIT PETITION (CIVIL) NO. 487 OF 2012 WRIT PETITION (CIVIL) NO. 537 OF 2012 WRIT PETITION (CIVIL) NO. 554 OF 2012 WRIT PETITION (CIVIL) NO. 36 OF 2013 WRIT PETITION (CIVIL) NO. 146 OF 2013 WRIT PETITION (CIVIL) NO. 138 OF 2013 WRIT PETITION (CIVIL) NO. 179 OF 2013 WRIT PETITION (CIVIL) NO. 192 OF 2013 WRIT PETITION (CIVIL) NO. 191 OF 2013 WRIT PETITION (CIVIL) NO. 112 OF 2013 WRIT PETITION (CIVIL) NO. 111 OF 2013 WRIT PETITION (CIVIL) NO. 151 OF 2013 WRIT PETITION (CIVIL) NO. 175 OF 2013 WRIT PETITION (CIVIL) NO. 181 OF 2013
3 CIVIL APPEAL NOS. 239697 OF 2020 (@ SPECIAL LEAVE PETITION (CIVIL) NOS. 1563415635 OF 2013) CIVIL APPEAL NO. 2398 OF 2020 (@ SPECIAL LEAVE PETITION (CIVIL) NO. 12916 OF 2013) WRIT PETITION (CIVIL) NO. 201 OF 2013 WRIT PETITION (CIVIL) NO. 233 OF 2013 WRIT PETITION (CIVIL) NO. 236 OF 2013 WRIT PETITION (CIVIL) NO. 238 OF 2013 WRIT PETITION (CIVIL) NO. 253 OF 2013 WRIT PETITION (CIVIL) NO. 250 OF 2013 WRIT PETITION (CIVIL) NO. 248 OF 2013 WRIT PETITION (CIVIL) NO. 271 OF 2013 WRIT PETITION (CIVIL) NO. 265 OF 2013 WRIT PETITION (CIVIL) NO. 270 OF 2013 CIVIL APPEAL NO. 2399 OF 2020 (@ SPECIAL LEAVE PETITION (CIVIL) NO. 17054 OF 2013) CIVIL APPEAL NO. 2400 OF 2020 (@ SPECIAL LEAVE PETITION (CIVIL) NO. 18777 OF 2013) CIVIL APPEAL NO. 2401 OF 2020 (@ SPECIAL LEAVE PETITION (CIVIL) NO. 18775 OF 2013) WRIT PETITION (CIVIL) NO. 279 OF 2013 WRIT PETITION (CIVIL) NO. 266 OF 2013 WRIT PETITION (CIVIL) NO. 280 OF 2013 WRIT PETITION (CIVIL) NO. 284 OF 2013 WRIT PETITION (CIVIL) NO. 353 OF 2013 WRIT PETITION (CIVIL) NO. 469 OF 2013 WRIT PETITION (CIVIL) NO. 452 OF 2013 WRIT PETITION (CIVIL) NO. 588 OF 2013 CIVIL APPEAL NO. 2402 OF 2020 (@ SPECIAL LEAVE PETITION (CIVIL) NO. 29720 OF 2013)
4 CIVIL APPEAL NO. 2403 OF 2020 (@ SPECIAL LEAVE PETITION (CIVIL) NO. 29721 OF 2013) WRIT PETITION (CIVIL) NO. 758 OF 2013 WRIT PETITION (CIVIL) NO. 762 OF 2013 WRIT PETITION (CIVIL) NO. 761 OF 2013 WRIT PETITION (CIVIL) NO. 800 OF 2013 WRIT PETITION (CIVIL) NO. 753 OF 2013 WRIT PETITION (CIVIL) NO. 819 OF 2013 CIVIL APPEAL NO. 2404 OF 2020 (@ SPECIAL LEAVE PETITION (CIVIL) NO. 35137 OF 2013) WRIT PETITION (CIVIL) NO. 922 OF 2013 WRIT PETITION (CIVIL) NO. 1007 OF 2013 WRIT PETITION (CIVIL) NO. 5 OF 2014 WRIT PETITION (CIVIL) NO. 10 OF 2014 WRIT PETITION (CIVIL) NO. 1037 OF 2013 WRIT PETITION (CIVIL) NO. 1044 OF 2013 WRIT PETITION (CIVIL) NO. 1043 OF 2013 WRIT PETITION (CIVIL) NO. 1045 OF 2013 WRIT PETITION (CIVIL) NO. 40 OF 2014 WRIT PETITION (CIVIL) NO. 142 OF 2014 WRIT PETITION (CIVIL) NO. 169 OF 2014 WRIT PETITION (CIVIL) NO. 168 OF 2014 WRIT PETITION (CIVIL) NO. 352 OF 2014 CIVIL APPEAL NO. 2405 OF 2020 (@ SPECIAL LEAVE PETITION (CIVIL) NO. 17935 OF 2015) CIVIL APPEAL NO. ............... OF 2020 (@ SPECIAL LEAVE PETITION (CIVIL) NO. ........... OF 2020) (@ CC NO. 7586 OF 2014) WRIT PETITION (CIVIL) NO. 408 OF 2014
5 WRIT PETITION (CIVIL) NO. 420 OF 2014 WRIT PETITION (CIVIL) NO. 421 OF 2014 WRIT PETITION (CIVIL) NO. 492 OF 2014 WRIT PETITION (CIVIL) NO. 712 OF 2014 WRIT PETITION (CIVIL) NO. 714 OF 2014 WRIT PETITION (CIVIL) NO. 795 OF 2014 WRIT PETITION (CIVIL) NO. 754 OF 2014 WRIT PETITION (CIVIL) NO. 827 OF 2014 WRIT PETITION (CIVIL) NO. 849 OF 2014 WRIT PETITION (CIVIL) NO. 838 OF 2014 CIVIL APPEAL NO. 2406 OF 2020 (@ SPECIAL LEAVE PETITION (CIVIL) NO. 32589 OF 2014) WRIT PETITION (CIVIL) NO. 26 OF 2015 WRIT PETITION (CIVIL) NO. 1020 OF 2014 WRIT PETITION (CIVIL) NO. 86 OF 2015 CIVIL APPEAL NO. 2407 OF 2020 (@ SPECIAL LEAVE PETITION (CIVIL) NO. 7694 OF 2015) WRIT PETITION (CIVIL) NO. 186 OF 2015 WRIT PETITION (CIVIL) NO. 733 OF 2015 WRIT PETITION (CIVIL) NO. 131 OF 2015 WRIT PETITION (CIVIL) NO. 264 OF 2015 WRIT PETITION (CIVIL) NO. 247 OF 2016 CIVIL APPEAL NO. 2408 OF 2020 (@ SPECIAL LEAVE PETITION (CIVIL) NO. 27645 OF 2015) WRIT PETITION (CIVIL) NO. 868 OF 2015 WRIT PETITION (CIVIL) NO. 858 OF 2015 WRIT PETITION (CIVIL) NO. 14 OF 2018 WRIT PETITION (CIVIL) NO. 68 OF 2018 WRIT PETITION (CIVIL) NO. 1062 OF 2018
6 WRIT PETITION (CIVIL) NO. 1173 OF 2018 WRIT PETITION (CIVIL) NO. 1231 OF 2018 WRIT PETITION (CIVIL) NO. 1437 OF 2018 CIVIL APPEAL NO. 2409 OF 2020 (@ SPECIAL LEAVE PETITION (CIVIL) NO. 1877 OF 2019) CIVIL APPEAL NO. 6662 OF 2019 CIVIL APPEAL NO. 19801983 OF 2019 WRIT PETITION (CIVIL) NO. 253 OF 2019 WRIT PETITION (CIVIL) NO. 254 OF 2019 WRIT PETITION (CIVIL) NO. 439 OF 2019 WRIT PETITION (CIVIL) NO. 431 OF 2019 WRIT PETITION (CIVIL) NO. 567 OF 2019 WRIT PETITION (CIVIL) NO. 736 OF 2019 WRIT PETITION (CIVIL) NO. 752 OF 2019 WRIT PETITION (CIVIL) NO. 910 OF 2019 WRIT PETITION (CIVIL) NO. 1027 OF 2019 WRIT PETITION (CIVIL) NO. 1043 OF 2019 WRIT PETITION (CIVIL) NO. 1035 OF 2019 WRIT PETITION (CIVIL) NO. 1232 OF 2019 WRIT PETITION (CIVIL) NO. 1355 OF 2019 WRIT PETITION (CIVIL) NO. 1331 OF 2019 WRIT PETITION (CIVIL) NO. 1339 OF 2019 WRIT PETITION (CIVIL) NO. 1353 OF 2019 WRIT PETITION (CIVIL) NO. 31 OF 2020 WRIT PETITION (CIVIL) NO. 62 OF 2020 WRIT PETITION (CIVIL) NO. 72 OF 2020 WRIT PETITION (CIVIL) NO. 134 OF 2020 WRIT PETITION (CIVIL) NO. 207 OF 2020
7 WRIT PETITION (CIVIL) NO. 271 OF 2020 WRIT PETITION (CIVIL) NO. 289 OF 2020 WRIT PETITION (CIVIL) NO. 292 OF 2020 WRIT PETITION (CIVIL) NO. 373 OF 2020 J U D G M E N T Arun Mishra, J. 1. The matters have been referred in view of conflicting decisions in Greater Bombay Coop. Bank Ltd. v. United Yarn Tex (P) Ltd. and Ors. 1 , Delhi Cloth & General Mills Co. Ltd. v. Union of India and Ors. 2 , T. Velayudhan Achari and Anr. v. Union of India and Ors. 3 , and Union of India and Anr. v. Delhi High Court Bar Association and Ors. 4 . The question relates to the scope of the legislative field covered by Entry 45 of List I viz. ‘Banking’ and Entry 32 of List II of the Seventh Schedule of the Constitution of India, consequentially power of the Parliament to legislate. The moot question is the applicability of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, ‘the SARFAESI Act’) to the cooperative banks. 1. The Parliament's competence to amend Section 2(c) of the SARFAESI Act by adding subclause '(iva) a multiState cooperative 1
(2007) 6 SCC 236 2
(1983) 4 SCC 166 3
(1993) 2 SCC 582 4
(2002) 4 SCC 275
8 bank' has also been questioned. The issue arises whether the definition of 'banking company' contained in Section 5(c) of the Banking Regulation Act, 1949 (for short, ‘the BR Act, 1949’) covers co operative banks registered under the State law and also multiState cooperative societies under the MultiState Cooperative Societies Act, 2002 (for short, 'the MSCS Act'). Consequently, (i) whether co operative banks at State and multiState level are cooperative banks within the purview of the SARFAESI Act ? and (ii) whether provisions of the SARFAESI Act apply to the cooperative banks registered under the MSCS Act ? 2. Section 56(c)(i)(cci) is contained in Part V of the BR Act, 1949, and was brought into force on 1.3.1966. It defines 'cooperative bank' to mean a 'state cooperative bank,' a 'central cooperative bank,' and a 'primary cooperative bank.' By the notification issued in 2003, the cooperative bank was brought within the class of banks entitled to seek recourse to the provisions of the SARFAESI Act. Section 2(1)(c) (iva) was inserted into the SARFAESI Act, w.e.f. 15.1.2013. Before that, the cooperative bank and the multiState cooperative bank took recourse to the SARFAESI Act under the notification issued in 2003. 3. Writ petitions were filed questioning vires of the notification dated 28.1.2003 issued under Section 2(1)(c)(v) of the SARFAESI Act and the insertion of Section 2(1)(c)(iva) to the SARFAESI Act in 2013.
9 The backdrop history of litigation indicates that in Narendra Kantilal Shah v. Joint Registrar, Cooperative Societies 5 , a Full Bench of the Bombay High Court opined that term 'banking company' also means cooperative bank within the meaning of Section 2(d) of the RDB Act, 1993. Hence, with effect from the date of constitution of Debts Recovery Tribunal under RDB Act, 1993, the courts and authorities under the Maharashtra Cooperative Societies Act, 1960, as also the MSCS Act would cease to have jurisdiction to entertain the applications submitted by the cooperative banks for recovery of their dues. The decision in Narendra Kantilal Shah (supra) was set aside by this Court in Greater Bombay Coop. Bank Ltd. (supra). This Court opined that the cooperative banks established under the Maharashtra Cooperative Societies Act, 1960 and Andhra Pradesh Cooperative Societies Act, 1964, transacting the business of banking do not fall within the meaning of 'banking company' as defined in Section 5(c) of the BR Act, 1949. Therefore, the provisions of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993, now renamed as The Recovery of Debts and Bankruptcy Act, 1993 (for short, 'the RDB Act, 1993'), by invoking the doctrine of incorporation do not apply to the recovery of dues by cooperative banks from their members. The field of cooperative societies cannot be said to have been covered by the Central legislation by reference to Entry 45 of List I of the Seventh 5
AIR 2004 Bom 166
10 Schedule of the Constitution of India. Cooperative banks constituted under the Cooperative Societies Acts enacted by the respective States would be covered by 'cooperative societies' by Entry 32 of List II of the Seventh Schedule of the Constitution of India. In the year 2004, the Banking Regulation (Amendment) and Miscellaneous Provisions Act, 2004, was passed by the Union of India, amending various provisions contained in the BR Act, 1949 retrospectively, w.e.f. 1.3.1966. On the same anvil, the question posed is whether provisions can be applied to recovery provisions carved out in the SARFAESI Act. 4. Writ Petition No.2672 of 2007 was filed by Khaja Industries, challenging the invocation of the SARFAESI Act by Jalgaon Peoples Cooperative Bank. The Bombay High Court dismissed the same. The recourse to the proceedings under the SARFAESI Act was upheld. In Rama Steel v. Union of India 6 , the decision in Khaja Industries was followed. Against the decision of Bombay High Court, appeals have been filed. 5. On 13.8.2008, Pandurang Ganpati Chougule – appellant, questioned the action of Vishwasrao Patil Murgud Sahakari Bank Limited under the SARFAESI Act before the Civil Judge in Spl. Civil Suit No.226 of 2007. Deciding the preliminary issue, the Trial Court held that it did not have the jurisdiction to decide the suit. The first 6
(2007) 6 Mah. L.J. 387
11 appeal preferred was dismissed. Against that, the appeal has been preferred before this Court. A separate writ petition under Article 32 of the Constitution of India has also been filed, questioning the invocation of the SARFAESI Act by issuing notices under Section 13 by cooperative banks. During the pendency of the matters, the Central Government brought into force the Enforcement of Security Deposit and Debts Law (Amendment) Act, 2012 (Act 1 of 2013), amending the definition of Section 2(1)(c) of the SARFAESI Act; the amendment has also been questioned in the writ petition filed in this Court. 6. In Administrator, Shri Dhakari Group Cooperative Cotton Seal & Ors. v. Union of India, (Special Civil Application No.930 of 2001), the Gujarat High Court struck down the notification dated 28.1.2003, relying upon Greater Bombay Coop. Bank Ltd. (supra), same has also been questioned in the appeal. Later on, Gujarat High Court in Neel Oil Industries v. Union of India 7 , rejected the challenge to the Constitutional validity of clause (iva) ‘multiState cooperative bank’ inserted by way of Amendment Act, 2013. 7. On 30.7.2015, the matter was referred to a larger Bench. After that, on 26.2.2016, a threeJudge Bench referred the matter to a larger Bench, due to conflicting decisions mentioned earlier of the 7
AIR 2015 Gujarat 171
12 threeJudge Bench of this Court. ARGUMENTS: 8. Shri Devansh A. Mohta, learned counsel appearing on behalf of the appellants, raised the following arguments: (a) The scope of banking under Entry 45 of List I is to be interpreted in light of the definition of expression 'banking' in terms of Section 5(b) of the BR Act, 1949. He has referred to Rustom Cavasjee Cooper v. Union of India 8 in which this Court held that 'banking' under Entry 45 did not include 'banker' or 'bank.' Banking is an activity. Entry pertains to the activity of banking alone. Section 5(b) read with Section 6(1) of the BR Act, 1949, recognizes two kinds of activities that a bank may undertake: (1) the banking business, i.e., 'core banking business'; and (2) any other business as provided in Section 6(1). He has also referred to the decision in Mahaluxmi Bank Ltd. v. Registrar of Companies, West Bengal 9 in which the court considered the meaning of 'banking,' and held that the essence of banking was the relationship brought into existence, i.e., the core of banking. (a) As to the scope of Entry 45 List I, he has further referred to the decision in ICICI Bank Limited v. Official Liquidator of APS Star Industries Limited and Ors. 10 , wherein it was emphasised that even if a 8
(1970) 1 SCC 248 9
AIR 1961 Calcutta 666 10
(2010) 10 SCC 1
13 company was doing different businesses in addition to clause (a) to (o) of Section 6(1), it would remain a banking company as long as it was performing the core banking functions under Section 5(b). The core banking function is the sine qua non for being regulated by the BR Act, 1949. Therefore, 'banking' in Entry 45 of List I is essentially meant to be confined to 'core banking business'. At the time when the Constitution of India was promulgated, a welldefined and well established meaning of the expression 'banking' prevailed in the form of the definition of 'banking' under Section 5(b) of the BR Act, 1949. The same expression was borrowed by the Framers of the Constitution of India, and same meaning was to be given to the expression 'banking' in the Entry as defined in the BR Act, 1949 as observed by this Court in The State of Madras v. Gannon Dunkerley & Co., (Madras) Ltd. 11 and Diamond Sugar Mills Ltd. and Anr. v. State of Uttar Pradesh and Anr. 12 . (b) There is a difference between 'entity' and 'activity'. Section 6(1) and 6(2) of the BR Act, 1949, enable only a banking entity to perform certain additional business/functions. The performance of additional business/functions does not confer any status of a banking company upon such an entity. He also referred to Sections 32 and 33 of the State Bank of India Act, 1955 (for short, 'the SBI Act'). Section 32 11
AIR 1958 SC 560 12
AIR 1961 SC 652
14 recognises that the State Bank of India can carry 'agency business' on behalf of Reserve Bank of India, that is not a banking business performed by the State Bank of India as apparent from the perusal of Section 33, which categorically enables the State Bank of India to carry on banking business under Section 5(b) and other forms of business under Section 6(1) of the BR Act, 1949. Thus, it was submitted that every activity performed by a bank is not a banking activity. (c) That Entry 43 of List I of the Seventh Schedule of the Constitution of India confers upon the Parliament the competence to pass law pertaining to 'incorporation, regulation and winding up' of a trading corporation, more particularly a banking corporation. However, 'cooperative societies' are expressly excluded from the purview of the Parliament's competence being a State subject under Entry 32 of List II. He argued that the legislative history of the BR Act, 1949, made a difference between 'entity' and 'activity.' The expression 'banking' was defined in Chapter XA of the Companies Act (VII of 1913). Sections 277F to 277N were inserted vide Amendment Act No.22 of 1936. After that, the BR Act, 1949, was enforced, providing a comprehensive definition of 'banking' to bring within its scope all institutions which receive deposits repayable on demand or otherwise for lending or investment. At that time, the relevant entries of the Government of India Act, 1935, which dealt with the subject of
15 banking as well as trading corporation, were in List I (Federal Legislative List). Entry 38 and Entry 33 were in relation to 'banking' and 'corporation' respectively. In the Constitution of India, Entry 38 and Entry 33 have been substituted. Entry 38 is substituted as Entry 45 of List I and Entry 33 has been bifurcated into Entry 43, and 44 of List I. Until 1965 before the amendment was inserted in the BR Act, 1949, it dealt with 'banking companies.' The word 'companies' was omitted in the year 1965. The function of the State Bank of India was governed by a separate statute such as the State Bank of India Act, 1955. In the year 1965, the Central Government passed the Banking Laws [Application of Cooperative Societies Act, 1965 (Act No.23 of 1965)]. He has referred to the Statement of Objects and Reasons, which brings out that the BR Act, 1949, was only to regulate the banking business relatable to Entry 45 and not to regulate the co operative societies. (d) Section 2(10) of the Maharashtra Cooperative Societies Act, 1960, is related to the management and business of cooperative societies. Under Section 91 of the Maharashtra Act, any dispute touching the constitution, management or business is required to be referred to a cooperative court. (e) Similarly, Section 3(f) of the MSCS Act defines 'cooperative bank' to mean a multiState cooperative society, which undertakes the banking business. Under Section 84(2) of the MSCS Act, a dispute
16 can be raised. The power of Parliament is confined to specific provisions of the BR Act, 1949 (a legislation referable to Entry 45 of List I), and the Reserve Bank of India Act (a legislation referable to Entry 38 of List I). The Parliament lacks legislative competence to regulate any other business, function, or facets of cooperative societies. It could have extended the provisions of said Act only. The Parliament cannot regulate these cooperative societies like a company performing banking functions or a banking corporation. (f) The object of the SARFAESI Act is to regulate securitisation and reconstruction of financial assets and enforcement of security interests. The business of securitisation is not a banking business. Under Section 2(1)(l) of the SARFAESI Act, a 'financial asset' means debt or receivable and includes inter alia any financial asset. Section 2(1)(ha) defines 'debt' to mean the same as defined in clause (g) of Section 2 of the RDB Act, 1993. Financial assistance to members is another form of business that is not a banking business. Therefore, an attempt to regulate the assets of a cooperative bank by bringing them within the purview of the SARFAESI Act is contrary to the original intent of the extending provisions of the BR Act, 1949 and that would amount to exercising control over the entities which are beyond the purview of competence of Parliament. (g) The Parliament lacks legislative competence to regulate financial
17 assets related to the nonbanking activity of a cooperative society as they are expressly excluded from the purview of Entry 43 of List I. The regulation cannot be based upon an interpretation of only Entry 45 without any regard to Entry 43. The legislative action would be inconsistent with the limitation inherent in the federal scheme of distribution of legislative powers between the Union and the State. It would amount to regulation of cooperative society which subject matter is covered under Entry 32 of List II and also confer upon them a status of a banking corporation or a banking company. It would render an entity falling under Entry 32 of List II subject to the control of the Parliament, which would be contrary not only to the text but also to the constitutional intendment as opined in I.T.C. Ltd. v. Agriculture Produce Market Committee and Ors. 13 (h) Notification No.105(E) dated 28.1.2003 is ultra vires as the Parliament has included only two classes of entities, i.e., banking company and banking corporation within its purview. The definition of 'bank' under Section 2(1)(c)(v) means 'such other bank which the Central Government may by notification, specify for this Act.' The power of the Central Government is confined to the entity of the kind referred under Clauses (i) to (iv) and not beyond that, i.e., a banking company or a banking corporation only and not cooperative societies/banks. The cooperative bank is neither a banking company 13
(2002) 9 SCC 232
18 nor a banking corporation; thus, it falls outside the purview of Section 2(1)(c)(v) of the SARFAESI Act. The notification is ultra vires and violative of not only the parent statute but also the Constitution of India. For this purpose, learned counsel relied upon Hinsa Virodhak Sangh v. Mirzapur Moti Kuresh Jamat and Ors. 14 . Recovery of debts due is essential for the bank, i.e., entity and not for the banking business, i.e., activity. In Greater Bombay Coop. Bank Ltd. (supra), the argument based upon the banking business of the cooperative bank to be covered by Entry 45, was rejected. Therefore, recovery of dues was held to be outside the purview of Entry 45 of List I. The Central legislation seeking to regulate banks can only bring within its purview entities falling in Entry 43, i.e., banking corporation and banking companies. Thus, the Parliament is not competent to enact a law concerning the subject matter of Entry 32 of List II. (i) The amendment incorporated is a colourable exercise. The notification dated 28.1.2003 is ultra vires in view of the decisions in K.C. Gajapati Narayan Deo and Ors. v. State of Orissa 15 and State of Tamil Nadu and Ors. v. K. Shyam Sunder and Ors 16 . Once entities are excluded by Entry 43, the Union of India cannot control it by an indirect method. The MultiState Cooperative Bank is a primary co operative bank that is, in turn, a cooperative society. In Apex 14
(2008) 5 SCC 33 15
AIR 1953 SC 375 16
(2011) 8 SCC 737
19 Cooperative Bank of Urban Bank of Maharashtra & Goa Ltd. v. Maharashtra State Cooperative Bank Ltd. and Ors. 17 , it was observed that cooperative societies are in the purview of the State List . (j) The MSCS Act is relatable to Entry 44. This Court is not required to pronounce upon the validity of the said Act. The source of legislative authority to regulate such banks would be Entry 43. The purpose of Act No.23 of 1965 was to regulate the banking business of certain cooperative societies. They do not cease to be cooperative societies as held in Virendra Pal Singh and Ors. v. District Assistant Registrar, Cooperative Societies, Etah, and Anr. 18 . There is a difference in the Entries 43, 44 and 32 as held in S.S. Dhanoa v. Municipal Corporation, Delhi and Ors. 19 , Daman Singh and Ors. v. State of Punjab and Ors. 20 , and Dalco Engineering Private Limited v. Satish Prabhakar Padhye and Ors. 21 . The decision in Greater Bombay Coop. Bank Ltd. (supra) laid down the law correctly. (k) There has to be harmonious construction of the Entries in List I and List II. Any argument of alarm relating to an adverse effect on the banking sector would be of no consequence or relevance to the question of construction of the constitutional entry as held in I.T.C. 17
(2003) 11 SCC 66 18
(1980) 4 SCC 109 19
(1981) 3 SCC 431 20
(1985) 2 SCC 670 21
(2010) 4 SCC 378
20 Ltd. (supra). 9. Shri Vijay Kumar, learned counsel appearing on behalf of petitioners, submitted that Parliament is not competent to enact laws concerning cooperative societies/banks. Banking business for a co operative society is merely an incidental/ancillary business. A co operative society doing business remains a cooperative society and is covered under Entry 32 of List II. He has placed reliance on Iqbal Naseer Usmani v. Central Bank of India and Ors. 22 . There is complete mechanism provided under the State Cooperative Societies Acts and MSCS Act; thus, the amendment to the SARFAESI Act and the notification deserve to be struck down. 10. Shri Vishwas Shah, learned counsel appearing on behalf of appellants, has argued that i t is not necessary to question the 1965 Amendment made to the BR Act, 1949. The validity of the notification and the provisions of the SARFAESI Act have to be tested on their own. The cooperative banks differ from other banks. Entities are basically cooperative societies, and it incidentally trenches on banking. The dominant legislation on the subject is State legislation under Entry 32. The cooperative banks are different from banking companies to the extent that they advance loans to their members only. The banking companies/corporations deal with the public. The 22
(2006) 2 SCC 241
21 cooperative banks do not carry the business as defined in the BR Act, 1949. The Doctrine of Pith and Substance has to be applied, co operative society engaged in banking does not cease to be a co operative society. In Entry 45 of List I, 'banking' does not include co operative banks. He relied upon Gannon Dunkerley & Co. (Madras) Ltd. (supra) and I.T.C. Ltd. (supra). 11. Shri Satpal Singh, learned counsel, has reemphasised that amendment made by inserting the definition of 'multiState co operative bank' is colourable legislation and deserves to be struck down. The Cooperative Acts are comprehensive. The meaning of the expression 'bank' could not have been enlarged. 12. Per contra, Shri Shekhar Naphade, learned senior counsel, appearing on behalf of Cosmos Bank, raised the following arguments: (a) Section 2(1)(c) of the SARFAESI Act defines 'bank' to mean 'banking company' as defined in Section 5(c) of the BR Act, 1949. Thus, the definition of 'bank' contained in Section 5(c) of the BR Act, 1949 stands incorporated in Section 2(d) of the SARFAESI Act, that came into existence on 21.6.2002; hence, it is necessary to examine Section 5(c) of the BR Act, 1949, as it stood on 21.6.2002. It is covered by way of incorporation, w.e.f. 1.3.1966. Section 56(a) became part of Statute since 1.3.1966, the reference to a 'banking company' or a 'company' shall be construed as a reference to a co
22 operative bank. Section 56(a) becomes part of Section 5(c) of the BR Act, 1949, and stands incorporated in Section 5(c) of the BR Act, 1949. Thus, a reference to the banking company has to be read as a reference to the cooperative bank. (a) Section 56(a) becomes part of Section 5(c) of the BR Act, 1949. Although Section 56(a) is located in a separate place, its impact on Section 5(c) results in a cooperative bank both on State level as well as multiState level becoming part of a banking company. Therefore, the SARFAESI Act covers in its purview cooperative banks and multi State cooperative banks. (b) The insertion of a ‘multiState cooperative bank’ in Section 2(1) (c)(iva) is ex majori cautela as multiState cooperative bank comes under the ambit of ‘banking company’ mentioned in Section 2(1)(c) and as defined in Section 2(d) of the SARFAESI Act. In Daman Singh (supra), this Court held that expression 'corporation' occurring under Article 31A(1)(3) of the Constitution of India is required to be given a broad interpretation and takes within its compass a registered co operative society. (c) He relied on The Majoor Sahakari Bank Ltd. v. N.N. Majmudar and Anr. 23 in which the Bombay High Court observed that cooperative society doing business of banking is a company. The question 23
AIR 1957 Bom 36
23 mentioned above arose as the Government of Bombay issued a notification and directed that all the provisions of the Bombay Industrial Disputes Act shall apply to the business of banking companies registered under any of the enactments relating to the companies for the time being in force. (d) Article 246 distributes legislative powers between the Union and the State regarding three lists in the Seventh Schedule. Under Article 246(1), the Parliament has exclusive power to make laws in respect of 97 matters enumerated in List I notwithstanding anything contained in clauses (2) and (3). As per Article 246(3), the State legislature has legislative powers to make laws with respect to 66 matters enumerated in List II. The exclusive power of the State legislature to legislate with respect to any of the matters enumerated in List II has to be exercised subject to Article 246(1), i.e. , the exclusive power of the Parliament to legislate concerning matters enumerated in List I. As a consequence if there is a conflict in an Entry in List I and an Entry in List II, which is not capable of reconciliation, the power of Parliament to legislate concerning matters enumerated in List I must supersede pro tanto the power of the State legislature. Both the Parliament and the State legislatures have concurrent power of legislation for 47 matters enumerated in List III. (e) Reliance has been placed on Virendra Pal Singh (supra), in which
24 the Court examined the powers of the State legislature relating to the service conditions of employees. The Court held that the State legislature was competent to legislate concerning employees of the bank. This Court did not deal with the banking business of the co operative societies. He argued that regulating the nonbanking affairs of society and regulating the banking business of society are two different things. Entry 32 of List II deals with regulation of non banking affairs of the cooperative society, on the other hand, Entry 45 of List I deals with banking; hence, any legislation dealing with regulation of banking will be traceable to Entry 45 of List I and only the Parliament will be competent to legislate. The SARFAESI Act does not deal with incorporation, regulation, and winding up of the corporation, company, or cooperative societies. It does not regulate the working of a corporation, company, or cooperative society. It only provides for the recovery of dues of banks, including cooperative banks, the procedure for recovery, the authority competent to recover the loan, and the judicial forum to deal with disputes arising out of recovery. Thus, the Act does not touch upon Entry 32 of List II. The decision in Greater Bombay Coop. Bank Ltd. (supra) requires reconsideration and clarification. There is no indepth consideration of its provisions and, more particularly, Section 56 of the BR Act, 1949. (f) The ratio of the judgment is material. The obiter relates to the
25 finding of court on an issue that arises in the matter but is not required to be decided for the final decision of the case. Thus, the finding of an issue is considered as an obiter. In contrast to ratio and obiter, the opinion of the court on an issue that does not arise is a casual or passing observation. The question in Greater Bombay Coop. Bank Ltd. (supra) was whether the court and authorities constituted under the State Cooperative Societies Act and the MSCS Act continue to have jurisdiction to consider applications/disputes submitted before them by State level and multiState cooperative banks for recovery of debts due to them. The question was of the applicability of the RDB Act, 1993 to debts due to cooperative banks constituted under the MCS Act, 1960, the MSCS Act, and the APCS Act, 1964. The question whether the State legislature was competent to legislate law concerning cooperative societies transacting business of banking in the light of Entry 32 of List II of the Seventh Schedule, did not arise in the matter; hence, any observation made by this Court, concerning the said issue, cannot be considered as the ratio of the judgment in Greater Bombay Coop. Bank Ltd. (supra). (g) He relied upon the decision of a Division Bench of the Bombay High Court in The Shamrao Vithal Cooperative Bank Ltd., Mumbai, and Anr. v. M/s. Star Glass Works, Mumbai and Ors. 24 in which meaning of incorporation by reference was considered. The same has 24
AIR 2003 Bom 205
26 to be taken to a logical end. The Parliament has provided an additional remedy to cooperative banks to recover their dues by recourse to the Cooperative Societies Act. The Court did not consider the said aspect in Greater Bombay Coop. Bank Ltd. (supra). The distinction between cooperative banks serving the members and the corporate bank doing commercial transactions would make no difference. The activity remains banking merely by the fact that co operative banks are cooperative societies doing banking business; it does not make the banking activity carried out by them incidental one. It remains their activity. It was observed that the definition of 'banking company' in Section 5(c) had not been altered by Act No.23 of 1965. The incorporation, by reference, has the effect of changing the definition of 'banking company.' Even if in the RDB Act, 1993, the co operative bank is not included right from the beginning, nothing came in the way of Parliament to enact a law that provides for an additional remedy to cooperative banks. 13. Shri Jaideep Gupta, learned senior counsel appearing on behalf of the Reserve Bank of India, raised the following arguments: (a) The matter is covered by Entry 45 of List I of the Seventh Schedule of the Constitution of India. For the very reason, the Parliament has the right to legislate in respect of the banking business as defined in Section 5(b) of the BR Act, 1949.
27 (a) Banking operations would inter alia include accepting of loans and deposits, the grant of loans and recovery of debts due to the bank. There can be little doubt that the Parliament can enact a law about the conduct of the business by a bank. Recovery of dues is an essential function of a banking institution. Entry 45 of List I would mean legislation regarding all aspects of banking, including ancillary or subsidiary matters relating to that. The SARFAESI Act falls within the ambit of Entry 45 of List I. (b) The Parliament can enact a law in respect of matters contained in Entry 45 of List I, even if the bank in question is a cooperative society. Entry 45 of List I makes no difference whether an entity carrying business of banking is a company or statutory corporation or a cooperative society. (c) The 1965 amendment to the BR Act, 1949, brought within its ken cooperative banks, is not under challenge and has never been successfully questioned. The Parliament has the power to legislate concerning matters referred to in the SARFAESI Act under Entry 45 of List I, even if the entity which carries out the activity of banking, is a cooperative society. It is permissible for the Parliament to include multiState cooperative banks within the definition of 'bank.' Similarly, the Government could have notified cooperative banks under the purview of Section 2(1)(c)(v) of the SARFAESI Act, more so, in view of the definition in clause (cci) of Section 56 of the BR Act,
28 1949. (d) The argument of the appellant that Section 2(1)(c) of the SARFAESI Act refers to an entity and not the activity, therefore, it cannot be justified under Entry 45 of List I, is misconceived. Section 2(1)(c) is only a definition provision. The subject matter of legislation is securitisation, reconstruction of financial assets and enforcement of security interest of banks or financial institutions. The subject matter of legislation is not based on the entity. (e) The SARFAESI Act is not a legislation relating to incorporation, regulation, and winding up of the cooperative societies or multiState cooperative society engaged in banking. The same is traceable to Entry 45 of List I, i.e., the activity of banking. (f) The Statement of Objects and Reasons of the SARFAESI Act indicates that it relates to the business of banking and matters incidental to it. It confers the power upon the bank and financial institutions to take possession of security and sell them to overcome the slow pacing of recovery of default loans and mounting levels of nonperforming assets of banks and financial institutions. It was based on the recommendation of the Narasimham Committee I and II and the Andhyarujina Committee formed by the Central Government to examine the banking sector reforms. The legislation in question, thus, relates to the business of banking.
29 (g) The argument of the appellant that 'such other banks' cannot include cooperative banks, is also without basis, and the Parliament has the power to legislate. Certain observations made in Greater Bombay Coop. Bank Ltd. (supra) are incorrect and required to be overruled. The questions which arose in the said case were different. 14. Shri Vijay Hansaria, learned senior counsel appearing on behalf of Maharashtra State Cooperative Bank, reiterated the aforesaid arguments and additionally urged that the Maharashtra State Co operative Bank has 41 branches in the State of Maharashtra. As on 31.3.2015, it had deposits of Rs.9,992 crores and has granted loans and advances to the extent of Rs.12,006 crores and has working capital to the extent of Rs.20,947 crores. There are total 2115 members including 1818 cooperative institutions, 296 individuals and individual societies and 1 State Government and the number of total shares held by them is 45,67,280 (35,66,104 are held by co operative institutions, 1176 are held by individuals and individual societies, and 10,00,000 are held by the State Government). The MSC Bank advances various terms loans and working capital loans to co operative processing units like Sugar Factories, Private Sugar Mills, Spinning Mills, Oil Mills, Marketing Cooperatives, Educational Institutions, and other cooperative Industrial Units. It is the apex institution of all District Central Cooperative Banks, Urban Co
30 operative Banks, and Primary Agricultural Cooperative Societies. It has a network of cooperative banks and the agricultural cooperative societies in the State of Maharashtra on 31.3.2015 as under: Total number of District Central Cooperative Banks 31 Number of branches of District Central Cooperative Banks 3,734 Number of Primary Agriculture Credit Societies 21,124 Number of members of Primary Agriculture Credit Societies 1,14,54,704 He further pointed out that out of 31 District Cooperative Banks, 30 primarily cater to the financial needs of the agriculture sector. MSC Bank provides refinance facilities to the District Central Cooperative Bank, and it also takes care of the financial needs of the nonfarming sector by providing refinance facilities to the District Co operative Banks under the NABARD's general refinance to enable them to help rural artisans and smallscale industries. It has also introduced the crop loan system in the State in association with District Cooperative Banks. Thus, the notification issued and the amendment are appropriate, more so, in light of the amendment incorporated in 1965. The matter is covered under Entry 45 of List I of the Seventh Schedule. 15. On behalf of the Indian Banks Association, Shri P.V. Yogeswaran learned counsel, supported the arguments raised on behalf of the Banks. He further argued that the enactment of the SARFAESI Act is within the legislative competence of the Parliament. It does not
31 deprive borrowers’ right to challenge the action under Section 13 of the SARFAESI Act as well as under the Maharashtra Cooperative Societies Act and is not violative of Article 14. It only provided an additional remedy. This Court upheld the validity of Sections 13 and 17 of the SARFAESI Act. The Parliament can legislate concerning co operative banks within the purview of Entry 45 of List I. 16. Shri Vinay Navre, learned senior counsel appearing on behalf of Cooperative Banks, vehemently argued that: (a) The expression ‘incorporation, regulation and winding up’ in Entries 43 and 44 of List I and Entry 32 of List II refers only to organisational aspects of the corporations. It does not have any bearing on the business/transactional aspects. He has relied upon decisions in Hindustan Lever and Anr. v. State of Maharashtra and Anr. 25 , Kerala State Electricity Board v. Indian Aluminium Co. Ltd. 26 and Sita Ram Sharma and Ors. v. State of Rajasthan and Ors. 27 . The framers of the Constitution deliberately did not define many terms used in the Lists in the Seventh Schedule. Wherever it was required, they defined such terms. Some of the subjects enumerated in Lists of the Seventh Schedule are defined in Article 366 of the Constitution, for instance, Agricultural Income (List I, Entry 82), Corporation Tax (List I, Entry 85), Debt (List II, Entry 42), Pension (List I, Entry 71) and 25
(2004) 9 SCC 438 26
(1976) 1 SCC 466 27
(1974) 2 SCC 301
32 (List II, Entry 42). The framers of the Constitution avoided defining the term 'banking' in Article 366. The intention was not to restrict its meaning. For certain Entries, the framers of the Constitution specified the meaning, such as in Entry 71 of List I and Entries 5, 8, 13, 17, 18 of List II. (a) There was a purpose for the framers not to define as an Entry has to be given meaning as per changes in society, science, and technology. When the American Constitution was framed more than 200 years before the Indian Constitution, space science and technology were unknown to the human. The Entry 'defence' in the Union List was interpreted to include even space science and technology. He argued that the internet was unknown in 1950. Today Entry 31 of List I of the VII Schedule of the Constitution of India can include the internet. The courts interpreted an Entry taking into account the changing perspectives of the time, retaining the substance. (b) The term 'banking' as understood in 1950 was too narrow, and after 70 years, the banking industry has undergone significant changes. Today it includes portfolio management, underwriting of shares, and investment banking. There are grey areas like credit card companies, i.e., VISA or American Express. The definition in the BR Act, 1949, cannot be used to restrict the scope of the term 'banking' in
33 Entry 45 of List I. (c) If the argument of the appellants that cooperative banks are not covered by Entry 45 of List I is accepted, the consequences will be disastrous. Entire Part V of the BR Act, 1949, would become unconstitutional. The Parliament can amend Section 84 of the MSCS Act, and it could enact the SARFAESI Act. Similarly, power can be provided to recover dues under the SARFAESI Act also. The argument raised on behalf of appellants as to 'occupied field' cannot be accepted as the question of 'occupied field' is germane concerning the Concurrent List as held in State of A.P. and Ors. v. Mcdowell & Co. and Ors. 28 . The recovery of dues is an essential function of a bank. The argument to the contrary cannot be accepted. The purpose of the SARFAESI Act is the enforcement of security interests. The consequence thereof is a recovery, which is an incidental one. (d) The SARFAESI Act is for enforcement of security, and it is referable to Entry 6 of List III also, more so, because of the provisions contained in Sections 69 and 69A of the Transfer of Property Act, 1882. Section 13 or other provisions of the SARFAESI Act do not interfere with the legislative field occupied by Entry 32 of List II. The Maharashtra Cooperative Societies Act, 1960, provides two remedies to the cooperative banks for recovery of their dues. Section 91 is akin 28
(1996) 3 SCC 709
34 to a civil suit, and Section 101 provides a summary procedure for issuance of a revenue recovery certificate. The SARFAESI Act does not take away the remedies of the cooperative banks under Section 91 or 101 of the said Act; it provides additional remedy under Section 13 to cooperative banks to recover the dues and enforce security interest. It is a classic case of cooperative/collaborative federalism. 17. Shri Abhijet Sengupta, learned counsel appearing on behalf of Jana Seva Sahakari Bank Ltd., urged that petition under Article 32 of the Constitution cannot be said to be maintainable, given the decisions in Dewan Bahadur Seth Gopal Das Mohta v. Union of India and Ors. 29 , and Khyerbari Tea Co. Ltd. and Ors. v. State of Assam 30 . Entry 45 of List I and Entry 32 of List II are to be read harmoniously. 18. Following questions arise for consideration: (1) Whether 'cooperative banks', which are cooperative societies also, are governed by Entry 45 of List I or by Entry 32 of List II of the Seventh Schedule of the Constitution of India, and to what extent? (2) Whether ‘banking company’ as defined in Section 5(c) of the BR Act, 1949 covers cooperative banks registered under the State Cooperative Laws and also multiState cooperative 29
(1955) 1 SCR 773 30
(1964) 5 SCR 975
35 societies? (3)(a) Whether cooperative banks both at the State level and multiState level are 'banks' for applicability of the SARFAESI Act? (3)(b) Whether provisions of Section 2(c) (iva) of the SARFAESI Act on account of inclusion of multiState cooperative banks and notification dated 28.1.2003 notifying cooperative banks in the State are ultra vires ? IN REFERENCE QUESTION NO.1: 19. In order to appreciate the rival submissions, we have to consider Entries 43, 44 and 45 of List I and Entry 32 of List II of the Seventh Schedule of the Constitution of India. The Entries are reproduced hereunder: “ 43. Incorporation, regulation and winding up of trading corporations, including banking, insurance and financial corporations but not including co operative societies. 44. Incorporation, regulation and winding up of corporations, whether trading or not, with objects not confined to one State, but not including universities. 45. Banking. *** 32. Incorporation, regulation and winding up of corporation, other than those specified in List I, and universities; unincorporated trading, literary, scientific, religious and other societies and associations; cooperative societies. ”
36 20. In the BR Act, 1949, ‘banking’ has been defined under Section 5(b) thus: “ 5. Interpretation . — In this Act, unless there is anything repugnant in the subject or context,— ( b ) “banking” means the accepting, for the purpose of lending or investment, of deposits of money from the public, repayable on demand or otherwise, and withdrawable by cheque, draft, order or otherwise; ” 21. Under Section 5(c) of the BR Act, 1949, the term ‘banking company’ has been defined thus: “ 5. Interpretation .— In this Act, unless there is anything repugnant in the subject or context,— ( c ) “banking company” means any company which transacts the business of banking in India; Explanation.— Any company which is engaged in the manufacture of goods or carries on any trade and which accepts deposits of money from the public merely for the purpose of financing its business as such manufacturer or trader shall not be deemed to transact the business of banking within the meaning of this clause;” 22. Section 6 in Part II of the BR Act, 1949 deals with forms of business in which banking companies may engage, is extracted hereunder: “ 6. Forms of business in which banking companies may engage .— (1) In addition to the business of banking, a banking company may engage in any one or more of the following forms of business, namely:— ( a ) the borrowing, raising, or taking up of money; the lending or advancing of money either upon or without security; the drawing, making, accepting; discounting, buying, selling collecting and dealing in bills of exchange, hoondees, promissory notes, coupons, drafts, bills of lading, railway receipts, warrants, debentures, certificates, scrips and other
37 instruments, and securities whether transferable or negotiable or not; the granting and issuing of letters of credit, traveller’s cheques and circular notes; the buying, selling and dealing in bullion and specie; the buying and selling of foreign exchange including foreign bank notes; the acquiring, holding, issuing on commission, underwriting and dealing in stock, funds, shares, debentures, debenture stock, bonds, obligations, securities and investments of all kinds; the purchasing and selling of bonds, scrips or other forms of securities on behalf of constituents or others, the negotiating of loans and advances; the receiving of all kinds of bonds, scrips or valuables on deposits or for safe custody or otherwise; the providing of safe deposit vaults: the collecting and transmitting of money and securities; ( b ) acting as agents for any Government or local authority or any other person or persons; the carrying on of agency business of any description including the clearing and forwarding of goods, giving of receipts and discharges and otherwise acting as an attorney on behalf of customers, but excluding the business of a managing agent or secretary and treasurer of a company; ( c ) contracting for public and private loans and negotiating and issuing the same; ( d ) the effecting, insuring, guaranteeing, underwriting, participating in managing and carrying out of any issue, public or private, of State, municipal or other loans or of shares, stock, debentures, or debenture stock of any company, corporation or association and the lending of money for the purpose of any such issue; ( e ) carrying on and transacting every kind of guarantee and indemnity business; ( f ) managing, selling and realising and property which may come into the possession of the company in satisfaction or part satisfaction of any of its claims; ( g ) acquiring and holding and generally dealing with any property or any right, title or interest in any such property which may form the security or part
38 of the security for any loans or advances or which may be connected with any such security; ( h ) undertaking and executing trusts; ( i ) undertaking the administration of estates as executor, trustee or otherwise; ( j ) establishing and supporting or aiding in the establishment and support of associations, institutions, funds, trusts and conveniences calculated to benefit employees or exemployees of the company or the dependents or connections of such persons; granting pensions and allowances and making payments towards insurance; subscribing to or guaranteeing moneys for charitable or benevolent objects or for any exhibition or for any public, general or useful object; ( k ) the acquisition, construction, maintenance and alteration of any building or works necessary or convenient for the purposes of the company; ( l ) selling, improving, managing, developing, exchanging, leasing, mortgaging, disposing of or turning into account or otherwise dealing with all or any part of the property and rights of the company; ( m ) acquiring and undertaking the whole or any part of the business of any person or company, when such business is of a nature enumerated or described in this subsection; ( n ) doing all such other things as are incidental or conducive to the promotion or advancement of the business of the company; ( o ) any other form of business which the Central Government may, by notification in the Official Gazette, specify as a form of business in which it is lawful for a banking company to engage. (2) No banking company shall engage in any form of business other than those referred to in subsection (1).”
39 23. Initially, the provisions of the BR Act, 1949, applied only to banking companies. The provisions of the BR Act, 1949, were extended to cooperative banks by Act No.23 of 1965, w.e.f. 1.3.1966. Earlier Section 56 was repealed by Act No.36 of 1957, w.e.f. 17.9.1957. Bill No.85 of 1964 was introduced in Parliament on 17.12.1964 to amend the Reserve Bank of India Act, 1934 and the Banking Companies Act, 1949 to regulate the banking business of certain cooperative societies and for matters connected in addition to that. 24. Before we come to the amendments made, it is necessary to consider the Statement of Objects and Reasons. It was considered necessary to extend provisions of the BR Act, 1949 to State co operative banks, the central cooperative banks, and, more importantly, to primary nonagriculture credit societies, which were relatable to banking. The Statement of Objects and Reasons is extracted hereunder: “STATEMENT OF OBJECTS OF REASONS The provisions of the Banking Companies Act, 1949 are not now applicable to or in relation to co operative banks. The deposits and working funds of cooperative banks are now so large that the extension of the more important provisions of the Banking Companies Act, 1949 (and of certain other allied provisions of the Reserve Bank of India, Act, 1934) to these banks will be in the public interest. The Bill seeks accordingly to extend to the State co operative banks, the central cooperative banks and the more important primary nonagricultural co operative banks certain provisions of the existing Central laws which are relatable to “banking”.
40 2. The notes on clauses explain in detail the various provisions of the Bill.” (emphasis supplied) The President's recommendation under Article 117 of the Constitution contained in appended Notes on clauses is also significant. The State or apex cooperative banks, all central co operative banks, and primary nonagricultural credit societies, which have paidup capital and reserves of a nominal value of Rs.1 lakh or more, were to be deemed to be cooperative banks. Consequential change in the qualifications of directors was proposed to be made. Clause 6 provided to keep reserve at 3 per cent for apex cooperative banks. It was proposed to control cooperative banks effectively under the provisions of the Reserve Bank of India Act and Banking Companies Act. It would not be necessary to make separate provisions concerning them, as such the Banking Companies Act was to be renamed as Banking Regulation Act, and it would not be confined any longer to companies incorporated under the Companies Act carrying on the business of banking. 25. What is of utmost significance is that extensive amendments and omissions of several provisions of the BR Act, 1949 became necessary concerning matters covered under Entry 32 of List II; as such various amendments were separately reflected in a separate chapter, amendments were incorporated under various provisions of the Act in
41 Parts IIA, III and IIIA. The provisions relatable directly or indirectly to incorporation, management and winding up of cooperative banks were proposed to be omitted as these Parts or provisions were not in pith and substance within the scope of any entry in the Central or Concurrent List of subjects in the Seventh Schedule of the Constitution of India. Following is the relevant extract of the Notes appended to President's recommendation under Article 117 of the Constitution of India: “ According to the scheme of control as it is envisaged in the Reserve Bank of India Act and in the Banking Companies Act, (a) all the State or apex cooperative banks, (b) all central cooperative banks and (c) such of the primary nonagricultural credit societies, including in particular urban co operative banks, as have paidup capital and reserves of a nominal value of Rs. 1 lakh or more, will be deemed to be cooperative banks. The definition of the expression "cooperative bank" will exclude (a) all primary agricultural credit societies, whatever the nominal value of their paidup capital may be, (b) primary nonagricultural credit societies with paidup capital and reserves of a nominal value of less than rupees one lakh, even though they may be accepting deposits from nonmembers and (c) all other cooperative societies which do not obtain, or may hereafter cease to obtain, deposits from non members. Clauses 8 and 9 provide for the modification of the definition of (a) financial institutions and (b) non banking insitutions for the purposes of Chapter IIIB of the Reserve Bank of India Act. It is proposed that (a) all cooperative banks, (b) all agricultural credit societies and (c) all primary nonagricultural credit societies which are not cooperative banks should be excluded from the scope of the statutory provisions relating to the Reserve Bank’s control over the loan investment or other allied policies of financial and nonbanking institutions. Co operative banks will be effectively controlled in
42 accordance with other provisions which are being made for this purpose in the Reserve Bank of India Act and the Banking Companies Act and it will not, therefore, be necessary to make any separate provision in regard to them. Agricultural credit societies have been excluded generally from the scope of the various provisions of the present Bill. The working funds and turnover of primary non agricultural credit societies which are not co operative banks are relatively insignificant, with the result that the trouble or expense involved in controlling their loans or advances or investment policies may not be worthwhile. Clauses 10 and 11 .— Chapter III provides for the amendments necessary to Banking Companies Act. Clauses 10 and 11 seek to alter the description of this Act and to make certain consequential changes in the long title and the preamble. The Act, it is proposed, should be known in future as the Banking Regulation Act, 1949. This will be appropriate, as its application will not be confined any longer to companies incorporated under the Companies Act and carrying on the business of banking. Parts IIA, III and IlIA and such of the provisions in the other Parts of the Act as are relatable either directly or indirectly to the incorporation, management and winding up of cooperative banks are proposed to be omitted, as these Parts or provisions are not in pith and substance within the scope of any entry in the Central or Concurrent List of subjects in the Seventh Schedule to the Constitution. ” (emphasis supplied) The provisions of Bankers' Books Evidence Act, 1891 were also proposed to be suitably modified to apply to the cooperative banks thus: “ The provisions of the Bankers' Books Evidence Act, 1891 and the Banking Companies (Legal Practitioners' Clients' Accounts) Act, 1949 are proposed to be modified suitably, so that the special procedure as to evidence or the protection in respect of certain accounts may be extended to or be
43 available in future in relation to cooperative banks [clause (zk)]. The Third Schedule as proposed to be amended provides for the prescribed Forms in which the ba1ancesheets and profit and loss accounts of co operative banks will have to be maintained. The Forms may, if necessary, be modified in future in the light of further experience and in accordance with the procedure which is already prescribed in the Act for this purpose.” The cooperative banks were also required to submit the balance sheet and profit and loss account to the Reserve Bank of India. 26. Various amendments were carried out in the Reserve Bank of India Act to make it applicable to the cooperative banks. The 'central cooperative bank' was defined by substituting clause (bi) to Section 2 of the Reserve Bank of India Act, 1934. Similarly, 'cooperative bank', 'cooperative credit society' and 'cooperative society' were defined by substituting Section 2(bii), Section 2(biii) and Section 2(biv) respectively. The relevant definitions as inserted in the Reserve Bank of India Act, 1934 are extracted hereunder: “(bi) "central cooperative bank" means the principal cooperative society in a district in a State, the primary object of which is the financing of other co operative societies in that district: Provided that in addition to such principal society in a district or where there is no such principal society in a district, the State Government may declare any one or more cooperative societies carrying on the business of financing other co operative societies in that district to be a central co operative bank or banks within the meaning of this definition; (bii) “cooperative bank” means a State cooperative bank, a central cooperative bank and a primary co
44 operative bank; (biii) "cooperative credit society" means a co operative society, the primary object of which is to provide financial accommodation to its members and includes a cooperative land mortgage bank: (biv) "cooperative society" means a society registered, or deemed to be registered, under the Cooperative Societies Act, 1912 or any other law relating to cooperative societies for the time being in force in any State;” The 'primary cooperative bank' has been defined in Section 2(ciii), and 'primary credit society' has been defined in Section 2(civ). The definitions are extracted hereunder: “(ciii) "primary cooperative bank" means a co operative society, other than a primary agricultural credit society,— (1) the primary object or principal business of which is the transaction of banking business; (2) the paidup share capital and reserves of which are not less than one lakh of rupees; and (3) the byelaws of which do not permit admission of any other cooperative society as a member; (civ) "primary credit society" means a cooperative society, other than a primary agricultural credit society,— (1) the primary object or principal business of which is the transaction of banking business; (2) the paidup share capital and reserves of which are less than one lakh of rupees; and (3) the byelaws of which do not permit admission of any other cooperative society as a member; Explanation .— If any dispute arises to the primary object or principal business of any cooperative society referred to in this clause or clause (cii) or clause (ciii), a determination thereof by the Bank shall be final.';” Other corresponding changes were brought in the provisions to apply the Reserve Bank of India Act to cooperative banks.
45 (a) Various amendments have been carried out in the Banking Companies Act, 1949, it was renamed as the BR Act, 1949. The 'primary agricultural credit society' was excluded from the purview of the Reserve Bank of India Act and the BR Act, 1949. Cooperative land mortgage banks and any other cooperative society except in the manner and to the extent specified in Part V were also excluded. Section 3 of the BR Act, 1949 was substituted as under: “3. Nothing in this Act shall apply to (a) a primary agricultural credit society; (b) a cooperative land mortgage bank; and (c) any other cooperative society, except in the manner and to the extent specified in Part V.” (b) As it became necessary to apply certain provisions of the BR Act, 1949 to the cooperative banks in the modified form without inserting the amendments/omissions in the various provisions, as that would have made the understanding of provisions a little complicated. Entire amendments made which applied to or about the cooperative societies concerning cooperative banks were specified in Section 56, Chapter V, though they had the effect of amending the main provisions of the Act wherever they occurred. (c) It was provided by Section 56(a) of the BR Act, 1949 that throughout the Act, unless the context otherwise requires, references to a banking company or the company or such company shall be construed as references to a cooperative bank. Section 56(a)(i) and
46 (ii) is extracted hereunder: “56. The provisions of this Act, as in force for the time being, shall apply to, or in relation to, co operative societies as they apply to, or in relation to banking companies subject to the following modifications, namely:— (a) Throughout this Act, unless the context otherwise requires,— (i) references to a “banking company" or, "the company" or "such company" shall be construed as references to a cooperative bank, (ii) references to "commencement of this Act" shall be construed as references to commencement of the Banking Laws (Application to Cooperative Societies) Act, 1964” By virtue of Section 56(b) in Section 2, the words and figures 'the Companies Act, 1956' were omitted. After clause (cc) in Section 5 definition of 'central cooperative banks' in clause (ccc) was added as under: “(ccc) "central cooperative bank", "cooperative bank", "cooperative society", "director", "primary agricultural credit society", "primary cooperative bank", "primary credit society" and "State co operative bank" shall have the meanings respectively assigned to them in the Reserve Bank of India Act, 1934.” (d) Section 5A was modified concerning the cooperative banks. Section 5A provided that the provisions of Part V shall prevail and override byelaws of a cooperative society or any agreement executed by it, whether the same be registered, executed or passed, before or after the commencement of the Banking Laws (Application to Co operative Societies) Act, 1964. Section 5A is extracted hereunder:
47 “5A. (1) The provisions of this Part shall have effect, notwithstanding anything to the contrary contained in the byelaws of a cooperative society, or in any agreement executed by it, or in any resolution passed by it in general meeting, or by its Board of directors or other body entrusted with the management of its affairs, whether the same be registered, executed or passed, as the case may be, before or after the commencement of the Banking Laws (Application to Cooperative Societies) Act, 1964. (2) Any provision contained in the byelaws, agreement or resolution aforesaid shall, to the extent to which it is repugnant to the provisions of this Part, become or be void, as the case may be.";” (e) By virtue of provisions contained in Section 56(e) in Part V of the BR Act, 1949 so far as it extends to cooperative society/banks, the modification has been made in Section 6(1)(b) to the extent 'but excluding the business of a managing agent or secretary and treasurer of the company' shall be omitted. In clause (d) after the word 'company,' the words 'or cooperative society' shall be inserted. (f) In Section 6(1) in clause (d), the words 'cooperative society' were inserted after the word 'company.' For cooperative society to be named as a cooperative bank, the following section was substituted: “7. (1) No cooperative society other than a co operative bank shall use as part of its name any of the words "bank", "banker" or "banking" and no co operative society shall carry on the business of banking in India unless it uses as part of its name at least one of such words. (2) Nothing in this section shall apply to (a) a primary credit society, or (b) a cooperative society formed for the protection
48 of the mutual interests of cooperative banks or cooperative land mortgage banks.;” (emphasis supplied) (g) Section 11 was substituted in application to cooperative banks. The relevant portion of Section 11(1) is extracted hereunder: “11. (1) Notwithstanding any law relating to co operative societies for the time being in force, no co operative bank shall commence or carry on the business of banking in India unless the aggregate value of its paidup capital and reserves is not less than one lakh of rupees:” (h) Section 18 was substituted, which provided for maintaining cash reserve. Every cooperative bank not being a State cooperative bank included in the Second Schedule to the Reserve Bank of India Act, 1934, shall maintain in India by way of cash reserve of 3 per cent of the amount. The relevant portion of Section 18 is extracted hereunder: “18. Every cooperative bank, not being a State co operative bank ∙for the time being included in the Second Schedule to the Reserve Bank of India Act, 1934, shall maintain in India, by way of cash reserve with itself or in current account opened with the Reserve Bank or the State Bank of India or the State cooperative bank of the State concerned or with any other bank notified by the Central Government in this behalf or, in the case of a primary cooperative bank, with the central co operative bank of the district concerned or partly in cash with itself and partly in such account or accounts, a sum equivalent to at least three per cent of the total of its time and demand liabilities in India and shall submit to the Reserve Bank before the 15th day of every month a return showing the amount so held on Friday of each week of the preceding month with particulars of its time and demand liabilities in India on each such Friday, or, if any such Friday is a public holiday under the Negotiable Instruments Act, 1881, at the close of business on the preceding working day.”
49 (i) Section 19 was substituted concerning the application to the co operative societies. The relevant portion of Section 19 is as under: “19. No cooperative bank shall hold shares in any other cooperative society except to such extent and subject to such conditions as the Reserve Bank may specify in that behalf: ...” The restriction was imposed under Section 19 on holding shares in other cooperative societies except as provided by the Reserve Bank of India. (j) Section 22 of the BR Act, 1949, as amended in its application with respect to the cooperative banks, provides that no cooperative society shall carry on banking business in India unless it is a primary credit society or a cooperative bank and holds a licence issued in that behalf by the Reserve Bank. Thus, it was necessary that only primary credit society could involve in the banking business in India and to hold a licence from the Reserve Bank of India. The provisions of sub Sections (1) and (2) of Section 22 were also substituted in their application to the cooperative bank as under: “(0) in section 22,— (i) for subsections (1) and (2), the following sub sections shall be substituted, namely: "(1) Save as hereinafter provided, no cooperative society shall carry on banking business in India unless— (a) it is a primary cooperative society, or (b) it is a cooperative bank and holds a licence issued in that behalf by the Reserve Bank, subject to such conditions, if any, as the Reserve Bank may deem fit to impose:
50 Provided that nothing in this subsection shall apply to a cooperative society, not being a primary credit society or a cooperative bank carrying on banking business at the commencement of the Banking Laws (Application to Cooperative Societies) Act, 1964, for a period of one year from such commencement. (2) Every cooperative society carrying on business as a cooperative bank at the commencement of the Banking Laws (Application to Cooperative Societies) Act, 1964, shall before the expiry of three months from such commencement, every primary credit society which becomes a primary cooperative bank after such commencement shall before the expiry of three months from the date on which it so becomes a primary cooperative bank and every cooperative society other than a primary credit society shall before commencing banking business in India, apply in writing to the Reserve Bank for a licence under this section: Provided that nothing in clause (b) of subsection (1) shall be deemed to prohibit a cooperative society carrying on business as a cooperative bank at the commencement of the Banking Laws (Application to Cooperative Societies) Act, 1964, and a primary credit society which becomes a primary cooperative bank after such commencement, from carrying on banking business until it is granted a licence in pursuance of this section or is by notice in writing informed by the Reserve Bank that a licence cannot be granted to it.;” (emphasis supplied) (k) The embargo has also been created by subSection (1) of Section 23, to open a new place of business insofar as it applies to the co operative banks thus: “(1) Without obtaining the prior permission of the Reserve Bank, no cooperative bank shall open a new place of business or change otherwise than within the same city, town or village, the location of an existing place of business:” It has been made necessary by substituting Sections 29 and 30
51 for every cooperative bank to submit accounts and balance sheets to the Reserve Bank of India. Reserve Bank of India has also been given power under Section 35 to inspect primary cooperative banks. In Section 35A(1)(c), after the words 'banking company', the words 'banking business of any cooperative bank' has been substituted. Forms have also been prescribed for submitting balance sheet, property, and assets, and profit and loss account. Thus, it is apparent that deep and pervasive control by the Reserve Bank of India is provided on primary credit society, which is involved in banking. As per the provisions of the BR Act, 1949, no business can be done by any cooperative society without obtaining a licence from the Reserve Bank of India. The very existence of the co operative banks is dependent and is governed by the Reserve Bank of India Act as well as the BR Act, 1949. The aforesaid legislations are under Entry 38 and Entry 45, respectively, of List I of the Constitution of India. 27. Before proceeding further, it is necessary to consider the provisions contained in the SARFAESI Act. The SARFAESI Act has been enacted to regulate securitisation and reconstruction of financial assets and enforcement of security interest and for matters connected therewith and incidental to that. It was considered that banks do not have the power to take possession of the property and sell them. The
52 legal system related to commercial transactions has not kept pace with the changing commercial practices and financial sector reforms. The relevant portion of the Statement of Objects and Reasons of the SARFAESI Act is extracted hereunder: “ STATEMENT OF OBJECTS AND REASONS The financial sector has been one of the key drivers in India’s efforts to achieve success in rapidly developing its economy. While the banking industry in India is progressively complying with the international prudential norms and accounting practices there are certain areas in which the banking and financial sector do not have a level playing field as compared to other participants in the financial markets in the world. There is no legal provision for facilitating securitisation of financial assets of banks and financial institutions. Further, unlike international banks, the banks and financial institutions in India do not have power to take possession of securities and sell them. Our existing legal framework relating to commercial transactions has not kept pace with the changing commercial practices and financial sector reforms. This has resulted in slow pace of recovery of defaulting loans and mounting levels of nonperforming assets of banks and financial institutions. Narasimham Committee I and II and Andhyarujina Committee constituted by the Central Government for the purpose of examining banking sector reforms have considered the need for changes in the legal system in respect of these areas. These Committees, inter alia , have suggested enactment of a new legislation for securitisation and empowering banks and financial institutions to take possession of the securities and to sell them without the intervention of the court. Acting on these suggestions, the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Ordinance, 2002 was promulgated on the 21st June, 2002 to regulate securitisation and reconstruction of financial assets and enforcement of security interest and for matters connected therewith or incidental thereto. The provisions of the Ordinance would enable banks and financial institutions to realise longterm assets, manage problem of liquidity, asset liability mismatches and
53 improve recovery by exercising powers to take possession of securities, sell them and reduce non performing assets by adopting measures for recovery or reconstruction. 2. It is now proposed to replace the Ordinance by a Bill, which, inter alia , contains provisions of the Ordinance to provide for— ( g ) defining ‘security interest’ as any type of security including mortgage and charge on immovable properties given for due repayment of any financial assistance given by any bank or financial institution; ( h ) empowering banks and financial institutions to take possession of securities given for financial assistance and sell or lease the same or take over management in the event of default, i.e. classification of the borrower’s account as non performing asset in accordance with the directions given or guidelines issued by the Reserve Bank of India from time to time;” 28. Under Section 13 of the SARFAESI Act, it is open to the Bank to enforce the security interest without intervention of the court or tribunal in accordance with the provisions of the Act, and the appeal to Debts Recovery Tribunal is provided. The Appellate Tribunal has been defined to mean Debts Recovery Appellate Tribunal, and the right to appeal/application against the action has been provided in Section 17 to the Debts Recovery Tribunal. Thus, Debts Recovery Tribunal is constituted under the RDB Act, 1993. 29. What is of significance is the definitions of ‘bank’ and ‘banking’ which have been provided in the SARFAESI Act in Section 2(1)(c) and 2(1)(d) respectively thus:
54 “ 2. Definitions .—(1) In this Act, unless the context otherwise requires,— ( c ) “bank” means— ( i ) a banking company; or ( ii ) a corresponding new bank; or ( iii ) the State Bank of India; or ( iv ) a subsidiary bank; or ( iva ) a multiState cooperative bank; or ( v ) such other bank which the Central Government may, by notification, specify for the purposes of this Act; *** ( d ) “banking company” shall have the meaning assigned to it in clause ( c ) of section 5 of the Banking Regulation Act, 1949 (10 of 1949);” 30. In exercise of power conferred under Section 2(1)(c)(v) of the SARFAESI Act, a notification was issued by the Ministry of Finance and Company Affairs on 28.1.2003 specifying cooperative banks as defined in clause (cci) of Section 5 of the BR Act, 1949 for the purpose of the SARFAESI Act. Following notification was issued: “ S.O.105 (E) .— In exercise of the powers conferred under item (v) of clause (c) of Sub section (1) of Section 2 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (54 of 2002), the Central Government hereby specifies “Cooperative Bank” as defined in clause (cci) of Section 5 of the Banking Regulation Act 1949 (10 of 1949) as ‘bank’ for the purpose of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (54 of 2002).” 31. In Section 2(1)(c) of the SARFAESI Act, further amendments have been made by incorporating a 'multiState cooperative bank,' w.e.f. 15.1.2013 by way of Enforcement of Security Interest and Recovery of
55 Debts Laws (Amendment) Act, 2012 (No.1 of 2013). Other provisions of the SARFAESI Act were also amended. A similar amendment was made to the RDB Act, 1993, in Section 2(d) by inserting clause (vi) 'a multiState cooperative bank.' Section 2(d) is extracted hereunder: “ 2. Definitions .—In this Act, unless the context otherwise requires,— ( d ) “bank” means— ( i ) a banking company; ( ii ) a corresponding new bank; ( iii ) State Bank of India; ( iv ) a subsidiary bank; or ( v ) a Regional Rural Bank; ( vi ) a multiStatecooperative bank;” 32. We have to examine the legislative competence of the Parliament with respect to cooperative banks within the State as the MSCS Act, 2002 is enacted in exercise of power under Entry 44 List I of the Seventh Schedule of the Constitution of India. The legislative competence of Parliament regarding the MSCS Act, 2002 is not in issue. MEANING OF ‘BANKING’ 33. The main issue is as to the meaning of ‘banking’ used in Entry 45 of List I of the Seventh Schedule of the Constitution of India. It is necessary to understand the meaning of 'bank' and 'banking.' Before the Constitution was promulgated, banking was dealt with by the erstwhile Banking Companies Act, 1949. Upon its extension to co operative banks run by cooperative societies, it was renamed as the
56 BR Act, 1949. Before we consider the definition of 'banking' under the BR Act, 1949, it is necessary to understand the meaning of 'bank' and 'banking.' The bank ordinarily means any establishment which carries the business of banking. The expression 'bank' has been defined in several enactments. In Concise Oxford English Dictionary, 'bank' has been defined thus: “ bank • n. 1 a financial establishment that uses money deposited by customers for investment, pays it out when required, makes loan at interest, and exchanges currency.” In Concise Oxford English Dictionary, the word 'banking' has been defined thus: “ banking • n. the business conducted or services offered by a bank.” In Black’s Law Dictionary, Ninth Edition ‘banking’ means the business carried on by or with a bank. ‘Bank’ is defined thus: “ bank. (15c) 1. A financial establishment for the deposit, loan, exchange, or issue of money and for the transmission of funds; esp., a member of the Federal Reserve System. • Under securities law, a bank includes any financial institution, whether or not incorporated, doing business under federal or state law, if a substantial portion of the institution’s business consists of receiving deposits or exercising fiduciary powers similar to those permitted to national banks and if the institution is supervised and examined by a state or federal banking authority; or a receiver, conservator, or other liquidating agent of any of the above institutions. 15USCA § 78c(a)(6). [Cases: Banks and Banking 2, 232, 289, 359.]. 2. The office in which such an establishment conducts transactions.”
57 Banks can be of different kinds such as Cooperative Bank, Collecting Bank, Commercial Bank, Correspondent Bank, Custodian Bank, Depository Bank, Drawee Bank, Federal Home Loan Bank, Federal Land Bank, Intermediary Bank, Investment Bank, Mutual Savings Bank, Nationalised Banks, Negotiable Bank, NonMember Bank, Payor Bank, Savings and Loan Bank, Saving Bank. The expression 'bank' has been defined in various enactments relating to it. 34. The 'Reserve Bank' has been defined in Section 5(l) to mean Reserve Bank of India constituted under Section 3 of the Reserve Bank of India Act, 1934 (2 of 1934). Section 5(ha) defines the 'National Bank' to mean the National Bank for Agriculture and Rural Development established under Section 3 of the National Bank for Agriculture and Rural Development Act, 1981. The 'State Bank of India' is defined in Section 5(nc) to mean the State Bank of India constituted under Section 3 of the State Bank of India Act, 1955 (23 of 1955). 35. The term ‘banking’ used in Entry 45 List I, came up for consideration in Rustom Cavasjee Cooper (supra), in which 11Judge Bench of this Court considered the question of ‘banking’ and observed:
58 “ 27. The argument raised by Mr Setalvad, intervening on behalf of the State of Maharashtra and the State of Jammu and Kashmir, that the Parliament is competent to enact Act 22 of 1969, because the subjectmatter of the Act is “with respect to” regulation of trading corporations and matters subsidiary and incidental thereto, and on that account is covered in its entirety by Entries 43 and 44 of List I of the Seventh Schedule, cannot be upheld. Entry 43 deals with incorporation, regulation and winding up of trading corporations including banking companies. Law regulating the business of a corporation is not a law with respect to regulation of a corporation. In List I entries expressly relating to trade and commerce are Entries 41 and 42. Again several entries in List I relate to activities commercial in character. Entry 45 “Banking”; Entry 46 “Bills of exchange, cheques, promissory notes and other like instruments”; Entry 47 “Insurance”; Entry 48 “Stock Exchanges and future markets”; Entry 49 “Patents, inventions and designs”. There are several entries relating to activities commercial as well as noncommercial in List II — Entry 21 “Fisheries”; Entry 24 “Industries X X X” ; Entry 25 “Gas and Gas works”; Entry 26 “Trade and commerce”; Entry 30 “Moneylending and moneylenders”; Entry 31 “Inns and Inn keeping”; Entry 33 “Theatres and dramatic performances, cinemas etc.”. We are unable to accede to the argument that the State Legislatures are competent to legislate in respect of the subject matter of those entries only when the commercial activities are carried on by individuals and not when they are carried on by corporations. 31. The expression “banking” is not defined in any Indian statute except in the Banking Regulation Act, 1949. It may be recalled that by Section 5 ( b ) of that Act “banking” means “the accepting for the purpose of lending or investment of deposits of money from the public repayable on demand or otherwise, and withdrawable by cheque, draft or otherwise”. The definition did not include other commercial activities which a banking institution may engage in. 32. In support of his contention Mr Palkhivala relied upon the observation of Lord Porter in Commonwealth of Australia v. Bank of New South Wales, LR (1950) AC 235 that banking consists of
59 the creation and transfer of credit, the making of loans, purchase and disposal of investments and other kindred transactions; and upon the statement in Halsbury’s Laws of England , 3rd Edn., Vol. 2, Article 270 at pp. 150 and 151 that: “A ‘banker’ is an individual partnership or corporation, whose sole or predominating business is banking, that is the receipt of money on current or deposit account and the payment of cheques drawn by and the collection of cheques paid by a customer.” and in the footnote ( g ) at p. 151 that: “Numerous other functions are undertaken at the present day by banks such as the payment of domiciled bills, custody of valuables, discounting bills, executor and trustee business, or acting in relation to stock exchange transactions, and banks have functions under certain financial legislation, X X X .” These functions are not strictly banking business. 33. The AttorneyGeneral said that the expression “banking” in Entry 45, List I means all forms of business which since the introduction of western methods of banking in India, banking institutions have been carrying on in addition to banking as defined in Section 5( b ) of the Banking Regulation Act, and on that account all forms of business described in Section 6(1) of the Banking Regulation Act in clauses ( a ) to ( n ) are, if carried on in addition to the “hardcore of banking” banking and the Parliament is competent to legislate in respect of that business under Entry 45, List I. In support of his contention that apart from the business of accepting money from the public for lending or investment, and withdrawable by cheque, draft or otherwise, banking includes many allied business activities which banking institutions were engaged in, the AttorneyGeneral invited our attention to clause 21 of the Charter of the Bank of Bengal (Act 6 of 1839); Section 27 of Act 4 of 1862; to Sections 36 and 37 of the Presidency Banks Act 11 of 1876; to Section 91(15) of the British North America Act; to Paget’s Law of Banking , 7th Edn., at p. 5; to the Standard Form of Memorandum of Association of a Banking Company in Palmer’s Company Precedents Form 138; and to the Statement of Objects and
60 Reasons in support of the Bill which was enacted as the Indian Companies (Amendment) Act, 1936. 34. The Charter of the Bank of Bengal, the Presidency Banks Act 4 of 1862, Ch. XA of the Indian Companies Act, 1913, as incorporated by the Indian Companies (Amendment) Act, 1936, merely described the business which a banking institution could carry on. It was not intended thereby to include those activities within the expression “banking”. The Acts enacted after the Banking Regulation Act, 1949, also support that inference. Under Section 33 of the State Bank of India Act, 1955, the State Bank is entitled to carry on diverse business activities beside banking. Similarly the Banks subsidiary to the State Bank were by Section 36 of Act 38 of 1959 to act as agents of the State Bank, and also to carry on and transact business of banking as defined in Section 5( b ) of the Banking Regulation Act, 1949, and were also competent to engage in such one or more other forms of business specified in Section 6(1) of that Act. These provisions do not aid in construing the Entry “Banking” in Entry 45, List I. 35. In modern times in India as elsewhere, to attract business, banking establishments render, and compete in rendering, a variety of miscellaneous services for their constituents. If the test for determining what “banking” means in the constitutional entry is any commercial activity which bankers at a given time engage in, great obscurity will be introduced in the content of that expression. The coverage of constitutional entry in a Federal Constitution which carves out a field of legislation must depend upon a more satisfactory basis. 36. The legislative entry in List I of the Seventh Schedule is “Banking” and not “Banker” or “Banks”. To include within the connotation of the expression “Banking” in Entry 45, List I, power to legislate in respect of all commercial activities which a banker by the custom of bankers or authority of law engages in, would result in rewriting the Constitution. Investment of power to legislate on a designated topic covers all matters incidental to the topic. A legislative entry being expressed in a broad
61 designation indicating the contour of plenary power must receive a meaning conducive to the widest amplitude, subject however to limitations inherent in the federal scheme which distributes legislative power between the Union and the constituent units. The field of “banking” cannot be extended to include trading activities which not being incidental to banking encroach upon the substance of the entry “trade and commerce” in List II. 148. Counsel for the petitioner contended that the word “banking” would have the same meaning as the definition of “banking” occurring in Section 5( b ) of the Banking Regulation Act of 1949 hereinafter referred to for the sake of brevity as the 1949 Act. This contention was amplified to exclude four types of business from the banking business and therefore the Act of 1969 was said to be not within the legislative competence of Banking under Entry 45 in List I. These four types of business are: ( 1 ) the receiving of scrips or other valuables on deposit or for safe custody and providing of safe deposit vaults, ( 2 ) agency business, ( 3 ) business of guarantee, giving of indemnity and underwriting and ( 4 ) business of acting as executors and trustees. “Banking” was defined for the first time in the 1949 Act as meaning the acceptance for the purpose of lending or investments of deposits of money from the public repayable on demand or otherwise and withdrawable by cheque, draft or otherwise. In England there is no statutory definition of banking but the Courts have evolved a meaning and principle as to what the legitimate business of a bank is. 152. Keeping valuables for safe custody, the providing of safe deposit vaults occur in clause ( a ) of Section 6(1) along with various types of business like borrowing, raising or taking up of money, or lending or advancing of money. It will appear from clause ( n ) of Section 6(1) of the 1949 Act that in addition to the forms of business mentioned in clauses ( a ) to ( m ) a banking company may engage in “doing all such other things as are incidental or conducive to the promotion or advancement of the business of the company”. The words “other things” appearing in clause ( n ) after enumeration of the various types of business in clauses ( a ) to ( m ) point to one inescapable conclusion that the businesses
62 mentioned in clauses ( a ) to ( m ) are all incidental or conducive to the promotion or advancement of the business of the company. Therefore these businesses are not only legitimate businesses of the banks but these also come within the normal business activities of commercial banks of repute. Entry 45 in List I of the 7th Schedule of the Constitution, namely, “banking” will therefore have the wide meaning to include all legitimate businesses of a banking company referred to in Section 5( b ) as well as in Section 6(1) of the 1949 Act. The contention on behalf of the petitioner that the four disputed businesses are not banking businesses is not supportable either on logic or on principle when businesses mentioned in the sub clauses of Section 6(1) of the 1949 Act are recognised to be legitimate business activities of a banking company by statute and practice and usage fully supports that view. 158. It was suggested by counsel for the petitioner that by banking business is meant only the hard core of banking as defined in Section 5( b ) of the 1949 Act. It is unthinkable that the business of banks is only confined to that aspect and not to the various forms of business mentioned in Section 6(1) of the 1949 Act. Receiving valuables on deposit or for safe custody and providing for safe custody vaults which are contemplated in clause ( a ) of Section 6(1) of the 1949 Act cannot be dissociated from other forms of unchallenged business of a bank mentioned in that clause because any such severance would be illogical particularly when deposit for safe custody and safe deposit vaults are mentioned in the long catalouge of businesses in clause ( a ). The agency business which is mentioned in clause ( b ) of Section 6(1) is one of the recognised forms of business of commercial banks with regard to mercantile transactions and payment or collection of price. Agency is after all a comprehensive word to describe the relationship of appointment of the bank as the constituent’s representative. The forms of agency transactions may be varied. It may be acting as collecting agent or disbursing agent or as depository of parties. The categories of agency can be multiplied in terms of transactions. That is why the business of agency mentioned in clause ( b ) is first in the general form of acting as an agent for any Government or local
63 authority, secondly carrying on of agency business of any description including the clearing and forwarding of goods and thirdly acting as attorney on behalf of the customers. The business of guarantee is in the modern commercial word practically indissolubly connected with a bank and forms a part of the business of the bank. It is almost common place for Courts to insist on bank guarantee in regard to furnishing of security. There may be so many instances of guarantee. As to the business of trusteeship and executorship it may be said that this is the wish of the settler who happens to be a constituent of the bank appointing the bank as executor or trustee because of the utmost faith and confidence that the constituent has in the solvency and stability of the bank and also to preserve the continuity of the trustee or the executor irrespective of any change by reason of death or any other incapacity. It is needless to state that these four disputed forms of business all spring out of the relation between the bank on the one hand and the customer on the other and the bank earns commission on these transactions or charges fees for the services rendered. Although trust accounts may be kept in a separate account all moneys arising out of the trust money go to the general pool of the bank and the bank utilises the money and very often trust moneys may be kept in fixed deposit with the trustee bank and expenses on account of the trust are met out of the general funds of the trustee bank. Payments to beneficiaries are made by crediting the beneficiaries accounts in the trustee bank and if they are not constituents other modes of payment through other banks are adopted. The position of the banks as executor is similar to that of a trustee. Whatever moneys the bank may spend are recouped by the bank out of the accounts of the trust estate. 160. There are various provisions in the 1949 Act to indicate that a banking company cannot carry on business of a managing agent or Secretary and treasurer of a company and that it cannot acquire, construct, maintain, alter any building or works other than those necessary or convenient for the purpose of the company. A banking company cannot acquire or undertake the whole or any portion of any business unless such business is of one of those enumerated in Section 6(1) of the 1949
64 Act. A bank cannot deal in buying or selling or bartering of goods except in connection with certain purposes related to some of the businesses enumerated in the aforesaid Section 6(1). These provisions also establish that businesses mentioned in Section 6 of the 1949 Act are incidental and conducive to banking business. A bank cannot employ any person whose remuneration is in the form of a commission or a share in the profits of the banking company or whose remuneration is in the opinion of the Reserve Bank excessive. One of the most important provisions is Section 35 of the 1949 Act, which states that the Reserve Bank at any time may and on being directed so to do by the Central Government cause an inspection to be made by one or more of its officers of the books of account and to report to the Central Government on any inspection and the Central Government thereafter if it is of opinion after considering the report that the affairs of the banking company are being conducted to the detriment of the interests of its depositors, may prohibit the banking company from receiving fresh deposits or direct the Reserve Bank to apply under Section 38 for the winding up of the banking company. Another important provision in the 1949 Act, is found in Section 27 which provides for monthly returns in the prescribed form and manner showing assets and liabilities. The power of the Reserve Bank under Sections 27 and 35 of the 1949 Act relates to the affairs of the banking company which comprehend the various forms of business of the bank mentioned in Section 6 of the 1949 Act. Then again Section 29 of the 1949 Act contemplates accounts relating to accounts of all business transacted by the bank. Section 35A of the 1949 Act confers power on the Reserve Bank to give directions with regard to the affairs of a bank. These provisions indicate beyond any measure of doubt that all forms of business mentioned in Section 6(1) of the 1949 Act are lawful, legitimate businesses of a bank as these have grown along with increase of trade and commerce. The word “banking” has never had any static meaning and the only meaning will be the common understanding of men and the established practice in relation to banking. That is why all these disputed forms of business come within the legitimate business of a bank. ” (emphasis supplied)
65 The submission raised by the petitioner that banking business meant only the hardcore of banking, was not accepted. It was held that the word 'banking' has never had any static meaning, and the only meaning will be the common understanding of men and the established practice about banking. Various forms of business come within the legitimate business of a bank. 36. It was argued on behalf of appellants that the BR Act, 1949 recognises two categories of finance activity which a bank may undertake such as (1) the banking business under Section 5(b), i.e., core banking business; and (2) any other business as provided in Section 6(1). For the purpose, reliance has been placed on Rustom Cavasjee Cooper (supra). The decision of the High Court of Calcutta in Mahaluxmi Bank Ltd. (supra), is pressed into service, wherein it was held: “5. After this an application was made to this Court for sanction of the special resolution effecting the said alterations. The Court directed certain advertisements to issue and also directed service of the usual notices as required by Sec.17 of the Companies Act, 1956. The Registrar of Joint Stock Companies filed an affidavitin opposition and at the hearing opposed the application but no creditor or shareholder of the company opposed the application. P. B. Mukharji, J., before whom the application was heard, gave effect to the contentions raised by the Registrar and dismissed the application. In dismissing the application the learned Judge made inter alia the following observations in his judgment: "At the outset it must be said that it is a curious application. If the object is "to lend money to such person or persons or firms and at such terms as may seem expedient," then it may amount to some kind of a banking in disguise. It is quite
66 true that under the Banking Companies Act, banking' is defined to mean the acceptance, "for the purpose of lending or investment of deposits of money from the public, repayable on demand or otherwise, and withdrawable by cheque, draft, order or otherwise." With a little clever manipulation, the petitioner might go on doing the banking business under the proposed amendment although by allowing such amendment it will put on the garb of a non banking company." It has been argued that these observations of the learned Judge are due to a misconception of the true nature and character of a banking business. Reliance is placed by the learned counsel for the appellant company on the definition of the word 'banking' as given in Sec.5 (1)(b) of the Banking Companies Act, 1949, which is as follows: "'Banking' means the accepting, for the purpose of lending or investment, of deposits of money from the public, repayable on demand or otherwise, and withdrawable by cheque, draft, order or otherwise." Now this definition makes it clear that receiving money on deposit from customers and honouring their cheques is the essential characteristic of banking. The money deposited by the customers can be utilised by the banker for lending it or for investing it but the bank also undertakes the obligation to repay the deposit on demand or otherwise and the mode by which the withdrawal of the deposit can be effected is by the issue of cheques, drafts, orders or otherwise, that is, by like methods. 6. In Hart's Law of Banking, a banker or bank is defined as one who, in the ordinary course of his business, receives money which he pays by honouring the cheques of persons from or on whose account he receives it. Sir John Paget in his book On Banking has pointed out that "no person or body corporate or otherwise can be a banker who does not (1) take deposit accounts, (2) take current accounts, (3) issue and pay cheques, and (4) collect cheques crossed and uncrossed for his customers." Sheldon in his book on the Practice and Law of Banking, seventh edition at page 183, formulates the following definition of a banker. "A person cannot claim to be carrying on the
67 business of banking unless he receives money or instruments representing money on current account, honours cheques drawn thereon, and collects the proceeds of cheques which his customers place into his hands for collection.'' In the case of Re Bottomgate Industrial Cooperative Society, (1891) 65 LT 712 at p. 714, Smith, J. defines the business of bankers thus: "The principal part of the business of a banker is receiving money on deposit, allowing the same to be drawn against as and when the depositor desires, and paying interest on the amounts standing on deposit.'' 7. Then Sec.6 (1) of the Banking Companies Act, 1949, provides that in addition to the business of banking, a banking company may engage in any one or more of the different kinds of business specified in the various sub clauses of subsec. (1) of Sec. 6. This indicates that the main or real business of a banking company is as stated in Sec. 5 (1)(b) of the Act but banking companies usually carry on and are permitted to carry on other kinds of business which are auxiliary or incidental to the main business. Subsection (2) of Sec. 6 Iays down that no banking company shall engage in any form of business other than those referred to in subsection (1). So the banking company is expressly prohibited from carrying on any kind of incidental or allied business other than those enumerated in subclauses (a) to (o) of subsection (1) of Sec. 6 of the Act. Thus it is abundantly clear that the essence of banking is the relationship which is brought into existence at the time of the deposit; that is the core of banking. It is true that the business of banking covers every possible phase or combination of deposit, custody, investment, loan, exchange, issue and transmission of money, creation and transfer of credit and other kindred activities but if the essential characteristic of banking, namely, the power to receive deposits from the public which are repayable in the manner indicated in Sec. 5 (1) (b) of the Banking Companies Act is absent and merely the power of granting loans is retained and exercised that, in my view, does not make the company a banking company. Lending of money may be one phase of a banking business but it is not the main phase or the distinguishing phase. In the case of Bank of Commerce Ltd. v. Kunja Behari Kar, 1944 FCR 370: (AIR 1945 FC 2) it was argued before the Federal Court that Bengal
68 Money Lenders’ Act, 1940, was a legislation which fell within the item of banking in entries Nos. 33 and 38 of List 1 of Schedule VII of the Government of India Act, 1935 inasmuch as lending money to customers or advancing money on promissory notes is a principal part of the banking business and the case of Tennant v. Union Bank of Canada, 1894 AC 31 was referred to, but the Federal Court did not accept the contention. It was pointed out that money lending by a bank qua bank might make such money lending part of a banking business but not otherwise (per Spens, C. J. at page 389).” 37. The decision in ICICI Bank Ltd. (supra) has been relied upon in which the Court emphasised that even if different businesses under clause (a) to (o) of section 6(1) are shut down, the company would still be a banking company as long as it is performing the core banking functions under Section 5(b). The Court observed: “ 37. The point we are trying to make is that apart from the principal business of accepting deposits and lending the said 1949 Act leaves ample scope for the banking companies to venture into new businesses subject to such businesses being subject to the control of the regulator viz. RBI. In other words, the 1949 Act allows banking companies to undertake activities and businesses as long as they do not attract prohibitions and restrictions like those contained in Sections 8 and 9. In this connection we need to emphasise that Section 6(1) ( n ) enables a banking company to do all things as are incidental or conducive to promotion or advancement of the business of the company. Section 6(1) enables banking companies to carry on different types of businesses. Under Section 6(1), these different types of businesses are in addition to business of banking viz. core banking. The importance of the words “in addition to” in Section 6(1) is that even if different businesses under clauses ( a ) to ( o ) are shut down, the company would still be a banking company as long as it is in the core banking of accepting deposits and lending so that its main income is from the spread or what is called as “interest income”. Thus, we may broadly
69 categorise the functions of the banking company into two parts viz. core banking of accepting deposits and lending and miscellaneous functions and services. Section 6 of the BR Act, 1949 provides for the form of business in which banking companies may engage. Thus, RBI is empowered to enact a policy which would enable banking companies to engage in activities in addition to core banking and in the process it defines as to what constitutes “banking business”.” 38. Learned counsel urged that performing core banking function is the sine qua non for being regulated by the BR Act, 1949. The BR Act, 1949 applies to a primary credit society which has been brought within its purview, leaving out primary agricultural credit society and a cooperative land mortgage bank. The business of banking cannot be carried out in India as per Section 22 of the BR Act, 1949 as applicable to the cooperative banks/societies, unless it is a primary credit society, and it is a cooperative bank and holds a licence issued by the Reserve Bank of India. It is not in dispute that all cooperative banks run by cooperative societies hold the licence, and all co operative banks are doing the business within the purview of the BR Act, 1949. We are unable to accept the submission that banking under Entry 45 of List I does not cover ‘cooperative banks’. The activity of the cooperative bank is covered under Section 5(1)(b). A similar submission was not accepted in Rustom Cavasjee Cooper (supra). No doubt about it that every commercial activity cannot be brought within the scope of ‘banking’ in Entry 45 of List I. ‘Banking’ itself has a wide meaning, and the activity of cooperative banks is
70 definitely, beyond an iota of doubt, covered by Entry 45 of List I. 39. It was argued on behalf of appellants that banking’s legal term ‘ nomen juris’ is defined under Section 5(b) of the BR Act, 1949. When the Constitution was being drafted, the definition of 'banking' in the said Act prevailed. The makers of the Constitution adopted the same expression. Thus, intent bore the precise and definite meaning it had in law and, therefore, must be construed having regard to its known legal import. For this purpose, reference has been made to the observations made by this Court in Gannon Dunkerley & Co., (Madras) Ltd. (supra), in which it was held: “(36) The principle of these decisions is that when, after the enactment of a legislation, new facts and situations arise which could not have been in its contemplation, the statutory provisions could properly be applied to them if the words thereof are in a broad sense capable of containing them. In that situation, “it is not,” as observed by Lord Wright in 1936 AC 578 (H), “that the meaning of the words changes, but the changing circumstances illustrate and illuminate the full import of that meaning”. The question then would be not what the framers understood by those words, but whether those words are broad enough to include the new facts. Clearly, this principle has no application to the present case. Sales tax was not a subject which came into vogue after the Government of India Act, 1935. It was known to the framers of that statute and they made express provision for it under Entry 48. Then it becomes merely a question of interpreting the words, and on the principle, already stated, that words having known legal import should be construed in the sense which they had at the time of the enactment, the expression “sale of goods” must be construed in the sense which it has in the Sale of Goods Act.
71 (37) A contention was also urged on behalf of the respondents that even assuming that the expression “sale of goods” in Entry 48 could be construed as having the wider sense sought to be given to it by the appellant and that the provisions of the Madras General Sales Tax Act imposing a tax on construction contracts could be sustained as within that entry in that sense, the impugned provisions would still be bad under S. 107 of the Government of India Act, and the decision in Dukhineswar Sarkar v. Commercial Tax Officer, (S) AIR 1957 Cal 283 (Z19) was relied on in support of this contention. Section 107, so far as is material, runs as follows: S. 107 — (1) “If any provision of a Provincial law is repugnant to any provision of a Dominion law which the Dominion Legislature is competent to enact or to any provision of an existing law with respect to one of the matters enumerated in the Concurrent Legislative List, then, subject to the provisions of this section, the Dominion law, whether passed before or after the Provincial law, or, as the case may be, the existing law, shall prevail and the Provincial law shall, to the extent of the repugnancy, be void. (2) Where a Provincial law with respect to one of the matters enumerated in the Concurrent Legislative List contains any provision repugnant to the provisions of an earlier Dominion law or an existing law with respect to that matter, then, if the Provincial law, having been reserved for the consideration of the GovernorGeneral has received the assent of the GovernorGeneral, the Provincial law shall in that Province prevail, but nevertheless the Dominion Legislature may at any time enact further legislation with respect to the same matter.” Now, the argument is that the definition of “sale” given in the Madras General Sales Tax Act is in conflict with that given in the Sale of Goods Act, 1930, that the sale of goods is a matter falling within Entry 10 of the Concurrent List, and that, in consequence, as the Madras General Sales Tax (Amendment) Act, 1947, (Mad. 25 of 1947) under which the impugned provisions had been enacted, had not been reserved for the assent of the GovernorGeneral as provided in S. 107 (2). Its provisions are bad to the extent that they are
72 repugnant to the definition of “sale” in the Sale of Goods Act, 1930. The short answer to this contention is that the Madras General Sales Tax Act is a law relating not to sale of goods but to tax on sale of goods, and that it is not one of the matters enumerated in the Concurrent List or over which the Dominion legislature is competent to enact a law, but is a matter within the exclusive competence of the Province under Entry 48 in List II. The only question that can arise with reference to such a law is whether it is within the purview of that Entry. If it is, no question of repugnancy under S. 107 can arise. The decision in (S) AIR 1957 Cal 283 (Z19) on this point cannot be accepted as sound.” In Diamond Sugar Mills Ltd. (supra), it was held: “(10) In considering the meaning of the words “local area” in entry 52 we have, on the one hand to bear in mind the salutary rule that words conferring the right of legislation should be interpreted liberally and the powers conferred should be given the widest amplitude; on the other hand we have to guard ourselves against extending the meaning of the words beyond their reasonable connotation, in an anxiety to preserve the power of the legislature. In Re the Central Provinces & Berar Sales of Motor Spirit and Lubricants Taxation Act, 1938, 1939 FCR 18 at p. 37: (AIR 1939 FC 1 at p. 4) Sir Maurice Gwyer, C.J., observed: “I conceive that a broad and liberal spirit should inspire those whose duty it is to interpret it; but I do not imply by this that they are free to stretch or pervert the language of the enactment in the interests of any legal or constitutional theory, or even for the purpose of correcting any supposed errors.” Again, in Navinchandra Mafatlal v. Commissioner of Income Tax, Bombay City, 1955 1 SCR 829: ( (S) AIR 1955 SC 58) Das, J. (as he then was) delivering the judgment of this Court observed: — “………. The cardinal rule of interpretation however, is that words should be read in their ordinary, natural and grammatical meaning subject to this rider that in construing words in a constitutional enactment conferring legislative power the most liberal construction should be put upon the words so that the same may have effect in their widest amplitude.”
73 (25) It is true that when words and phrases previously interpreted by the courts are used by the Legislature in a later enactment replacing the previous statute, there is a presumption that the Legislature intended to convey by their use the same meaning which the courts had already given to them. This presumption can however only be used as an aid to the interpretation of the later statute and should not be considered to be conclusive. As Mr Justice Frankfurter observed in Federal Communication Commissioner v. Columbia Broadcasting System of California, (1940) 311 U.S. 132 when considering this doctrine, the persuasion that lies behind the doctrine is merely one factor in the total effort to give fair meaning to language. The presumption will be strong where the words of the previous statute have received a settled meaning by a series of decisions in the different courts of the country; and particularly strong when such interpretation has been made or affirmed by the highest court in the land. We think it reasonable to say however that the presumption will naturally be much weaker when the interpretation was given in one solitary case and was not tested in appeal. After giving careful consideration to the view taken by the learned Judge of the Allahabad High Court in ILR (1942) All 302: (AIR 1942 All 156) (supra) about the meaning of the words “local area” & proper weight to the rule of interpretation mentioned above, we are of opinion that the Constitution makers did not use the words “local area” in the meaning which the learned Judge attached to it. We are of opinion that the proper meaning to be attached to the words “local area” in Entry 52 of the Constitution, (when the area is a part of the State imposing the law) is an area administered by a local body like a municipality, a district board, a local board, a union board, a Panchayat or the like. The premises of a factory is therefore not a “local area”. 40. In our opinion, the framers of the Constitution cannot be said to have confined the meaning of 'banking' to a particular definition, as given in the BR Act, 1949. The word 'banking' has been incorporated in Entry 45 of List I. The decision in Rustom Cavasjee Cooper (supra)
74 vividly leaves no room for doubt that banking done by the cooperative bank is covered within the ambit of Entry 45 of List I. The decision in Gannon Dunkerley & Co., (Madras) Ltd. (supra) stands neutralised by introduction of Article 366(29A) of the Constitution of India and the meaning of the said term has been redefined. Entries have to be given full effect in pith and substance considering forms of business of co operative banks performing the activities of banking under a licence. The same is covered within the purview of Entry 45 of List I. 41. On the strength of Sections 32 and 33 of the State Bank of India Act, 1955, learned counsel on behalf of appellants argued that Section 32 recognises that State Bank of India can carry on 'agency business' on behalf of Reserve Bank of India. Section 33 enables the State Bank of India to carry on banking business under Section 5(b) and other forms of business under Section 6(1) of the BR Act, 1949. The argument is of no avail. The State Bank of India Act, 1955, is independent and is not corelated with the cooperative banks, and the State Bank of India has been established as a corporation under the Act. Thus, the provision is of no help to take home the submission espoused on behalf of appellants to take them out of the purview of Entry 45 of List I. 42. Learned Counsel on behalf of appellants argued that there is a difference between entity and activity. On a plain reading of Section
75 6(1) of the BR Act, 1949, it becomes evident that there is a distinction between the business of banking and entity that performs the banking functions. Section 6(1) and 6(2) enable only an entity to perform certain additional business functions. It does not confer any such status upon such an entity. 43. In our opinion, Section 6 deals with the forms of business in which banking companies may engage. There cannot be any form of activity/business of banking without there being an entity. Section 6 is not a provision of the conferral of the status of the banking company. The definitions of 'banking' and 'banking company' are contained in Section 5(b) and 5(c) of the BR Act, 1949 respectively, and when reading with Section 56(a), it means cooperative banks also. The cooperative bank falls within the definition of Section 5(c), and its activity is of banking, and in addition to the business of banking, a cooperative bank may engage in any of the business as enumerated in Section 6. EFFECT OF ENTRIES 43 AND 45 OF LIST I AND ENTRY 32 OF LIST II OF THE SEVENTH SCHEDULE OF THE CONSTITUTION OF INDIA 44. Entry 43 of List I of the Seventh Schedule of the Constitution of India has been pressed into service on behalf of appellants. It confers upon the Parliament the competence to pass the law pertaining to 'incorporation, regulation and winding up' of the trading corporation,
76 more particularly, a banking corporation. However, cooperative societies are expressly excluded from the purview of the Parliament's competence. No doubt about it that in Entry 43 of List I 'incorporation, regulation and winding up' of the cooperative societies have been kept out of the purview of the Union List by specifically excluding the cooperative societies, otherwise, they would have been included for 'incorporation, regulation and winding up' in Entry 43 of List I. The terms "incorporation, regulation and winding up of co operative societies" were reserved as State subjects under Entry 32 of List II, it was so omitted from List 43 of List I. But the exclusion from Entry 43 of List I taking out 'incorporation, regulation and winding up' of cooperative societies out of the purview of the Parliament, does not advance the cause of the cooperative banks. As a corollary to the aforesaid submission, it was also urged that the banking company was defined and governed by Sections 277F to Section 277N under Chapter XA of the Companies Act (VII of 1913). It was inserted vide Amendment Act No.22 of 1936. On 10.3.1949, the Banking Companies Act, 1949, was enforced. The primary objective of the Banking Companies Act, 1949, was to provide a comprehensive definition of 'banking' to bring within its scope all the institutions which receive deposits repayable on demand or otherwise for lending or investment. At the relevant time, the Government of India Act, 1935, which dealt with the subject of 'banking' as well as 'trading
77 corporation,' was in List I (Federal Legislative List), thus: “ Entry 38 in relation to "banking": "Banking," that is to say, the conduct of banking business by corporations other than corporations owned and controlled by a federated state and carrying on business only within that State. Entry 33 in relation to corporation: "Corporations," that is to say, the incorporation, regulation, and windingup of trading corporations, including banking, insurance, and financial corporations, but not including corporations owned or controlled by a Federated State and carrying on business only within that State or cooperative societies, and of corporations, whether trading or not, with objects not confined to one unit (but not including Universities)." Entry 38 of the Government of India Act was reenacted as 'banking' in Entry 45 of List I, while Entry 33 was bifurcated in Entries 43 and 44. Learned Counsel further argued that up to 1965, the primary entity which was regulated by the Parliament was a company that found a place in Entry 43. Thus, both in its function, i.e., banking and as an entity, fell in List I (banking under Entry 45 and company under Entry 43). Therefore, it was within the control of the Parliament. Up to 1965, Banking Companies Act, 1949, only dealt with a juristic entity called banking companies. Then from the Preamble, the word "company" was omitted. The banking corporation was governed by the State Bank of India Act, 1955. Thus, the question of regulating the banking business of an entity outside the purview of List I never arose. In 1965, the Government enacted Banking Laws (Application to Cooperative Societies Act, 1965 (Act
78 No.23 of 1965) and extended the provisions of Banking Companies Act, 1949, and Reserve Bank of India Act to cooperative banks. Thus, learned counsel urged that the Statement of Objects and Reasons of the said Amendment Act was only to regulate relatable Entry 45 and not to regulate the cooperative societies. The provisions relatable either directly or indirectly to 'incorporation, management and winding up' of cooperative banks were omitted as they were not covered under Entry 45 of List I. 45. Shri Devansh A. Mohta, learned counsel, further argued that Section 2(10) of the Maharashtra Cooperative Societies Act, 1960 has defined 'cooperative bank' thus: “ Section 2 Definitions In this Act, unless the context otherwise requires, — (10) " cooperative bank " means a society which is doing the business of banking as defined in clause (b) of subsection (1) of section 5 of the Banking Companies Act, 1949 and includes any society which is functioning or is to function as a Co operative Agriculture and Rural Multipurpose Development Bank under Chapter XI; ” Under Section 91 of the Maharashtra Act, any dispute relating to constitution, management or business is required to be referred to a cooperative court. Similarly, Section 2(f) of the MultiState Co operative Society Act defines 'cooperative bank' to mean multiState cooperative society, which undertakes the banking business. Under Section 84(2), a claim for any debt or demand due shall be deemed to be a dispute touching the constitution, management, or business of a
79 multiState cooperative society. The Parliament has extended specific provisions of the BR Act, 1949, and the Reserve Bank of India Act, 1934, which legislations are relatable to Entry 45 of List I and Entry 38 of List I, respectively. The Parliament lacks legislative competence to regulate any other business, function, or facet of cooperative societies. It could not have provided a recovery procedure as that is within the domain of the State legislature. We cannot accept the aforesaid submission raised by the learned Counsel. 46. In Delhi High Court Bar Association (supra), this Court in the context of the RDB Act, 1993 held that Parliament has the legislative competence to enact the Act. 'Banking' in Entry 45 of List I would comprehend legislation in respect of matters ancillary or subsidiary to it. The Parliament can enact a law regarding the conduct of the banking business, which includes recovery of banks' dues, and for that purpose, set up the adjudicatory body like the Banking Tribunal is permissible. Thus, the establishment of Debts Recovery Tribunal under the RDB Act, 1993, was upheld. The Court opined: “ 14. The Delhi High Court and the Guwahati High Court have held that the source of the power of Parliament to enact a law relating to the establishment of the Debts Recovery Tribunal is Entry 11A of List III which pertains to “administration of justice; constitution and organisation of all courts, except the Supreme Court and the High Courts”. In our opinion, Entry 45 of List I would cover the types of legislation now enacted. Entry 45 of List I relates to “banking”. Banking operations would, inter alia, include
80 accepting of loans and deposits, granting of loans and recovery of the debts due to the bank. There can be little doubt that under Entry 45 of List I, it is Parliament alone which can enact a law with regard to the conduct of business by the banks. Recovery of dues is an essential function of any banking institution. In exercise of its legislative power relating to banking, Parliament can provide the mechanism by which monies due to the banks and financial institutions can be recovered. The Tribunals have been set up in regard to the debts due to the banks. The special machinery of a Tribunal which has been constituted as per the preamble of the Act, “for expeditious adjudication and recovery of debts due to banks and financial institutions and for matters connected therewith or incidental thereto” would squarely fall within the ambit of Entry 45 of List I. As none of the items in the lists are to be read in a narrow or restricted sense, the term “banking” in Entry 45 would mean legislation regarding all aspects of banking including ancillary or subsidiary matters relating to banking. Setting up of an adjudicatory body like the Banking Tribunal relating to transactions in which banks and financial institutions are concerned would clearly fall under Entry 45 of List I giving Parliament specific power to legislate in relation thereto.” 47. In view of the aforesaid discussion, we are of the opinion that recovery of dues would be an essential function of any banking institution and the Parliament can enact a law under Entry 45 of List I as the activity of banking done by cooperative banks is within the purview of Entry 45 of List I. Obviously, it is open to the Parliament to provide the remedy for recovery under Section 13 of the SARFAESI Act. Cooperative bank's entire operation and activity of banking are governed by a law enacted under Entry 45 of List I, i.e., the BR Act, 1949, and the RBI Act under Entry 38 of List I.
81 48. In UCO Bank and Anr. v. Dipak Debbarma and Ors. 31 , the question arose under the SARFAESI Act visavis the provisions of Section 187 of Tripura Land Revenue and Land Reforms Act, 1960 as under the Tripura Act there was a legislative embargo on the sale of mortgaged properties by the bank to any person who is not a member of a Scheduled Tribe. The auction purchasers in the case were not members of the Scheduled Tribe. This Court observed that provisions of the SARFAESI Act enable the bank to take possession of any property where a security interest has been created in its favour and sell such property to any person to realise dues. This Court observed that the Parliament enacted the law traceable to Entry 45 dealing exclusively with activities relating to the sale of secured assets, which being Central legislation would prevail, thus: “ 15. In the present case the conflict between the Central and the State Act is on account of an apparent overstepping by the provisions of the State Act dealing with land reform into an area of banking covered by the Central Act. The test, therefore, would be to find out as to which is the dominant legislation having regard the area of encroachment. 18. The 2002 Act is relatable to the entry of banking which is included in List I of the Seventh Schedule. Sale of mortgaged property by a bank is an inseparable and integral part of the business of banking. The object of the State Act, as already noted, is an attempt to consolidate the land revenue law in the State and also to provide measures of agrarian reforms. The field of encroachment made by the State Legislature is in the area of banking. So long there did not exist any parallel Central Act dealing with sale of secured assets and referable to 31
(2017) 2 SCC 585
82 Entry 45 of List I, the State Act, including Section 187, operated validly. However, the moment Parliament stepped in by enacting such a law traceable to Entry 45 and dealing exclusively with activities relating to sale of secured assets, the State law, to the extent that it is inconsistent with the 2002 Act, must give way. The dominant legislation being the Parliamentary legislation, the provisions of the Tripura Act, 1960, pro tanto, (Section 187) would be invalid. It is the provisions of the 2002 Act, which do not contain any embargo on the category of persons to whom mortgaged property can be sold by the bank for realisation of its dues that will prevail over the provisions contained in Section 187 of the Tripura Act, 1960.” 49. In State Bank of India v. Santosh Gupta and Anr. 32 , the question arose concerning the rights of banks to enforce security interests outside the court's process by acting under Section 13 of the SARFAESI Act and its applicability to the State of Jammu and Kashmir. The recovery of debts and adjudicatory mechanisms provided in the SARFAESI Act, therefore, it comes within the purview of subject 'banking' in Entry 45 of List I of the Seventh Schedule. The Presidential order under Article 370 empowered the Parliament to legislate on the Seventh Schedule List I Entry 45 read with Entry 95 in respect of the State of Jammu and Kashmir. The SARFAESI Act can be validly applied to the State of Jammu and Kashmir even if Section 140 of the Transfer of Property Act of J&K, 1920, conflicts with the SARFAESI Act. Thus, the transfer of property by way of sale or assignment is only one of the several ways for recovery of debts and, 32
(2017) 2 SCC 538
83 thus, the SARFAESI Act as a whole cannot be said to be in pith and substance an Act relatable to the subject of transfer of property. The sale and mortgage of property for recovering loans/debts is also an integral part of 'banking'. The setting up of an adjudicatory body like the banking tribunal would also fall under Entry 45 of List I of the Seventh Schedule. Thus, State law can operate if there is no Central law regarding the same. The State law cannot encroach upon the Central law by operation of the principle of repugnancy if there is a Central law. The Parliament is qualified with exclusive power to make law concerning banking. It is not possible to dissect the provisions of the SARFAESI Act and attach them to different entries under different lists. In pith and substance, the SARFAESI Act does not deal with the transfer of property in Entry 6 of List III of the Seventh Schedule but deals with the recovery of debt owing to banks and financial institutions. It was observed: “ 30. When it came to SARFAESI itself, this Court has held in Central Bank of India v. State of Kerala , (2009) 4 SCC 94: (SCC p. 116, para 36) “ 36. Undisputedly, the DRT Act and the Securitisation Act have been enacted by Parliament under Schedule VII List I Entry 45 whereas the Bombay and Kerala Acts have been enacted by the State Legislatures concerned under Schedule VII List II Entry 54. To put it differently, two sets of legislations have been enacted with reference to entries in different lists in the Seventh Schedule. Therefore, Article 254 cannot be invoked per se for striking down State legislations on the ground that the same are in conflict with the Central legislations. That apart, as will be seen hereafter, there is no ostensible overlapping between two sets of legislations.
84 Therefore, even if the observations contained in Kesoram Industries case , (2004) 10 SSC 201, are treated as law declared under Article 141 of the Constitution, the State legislations cannot be struck down on the ground that the same are in conflict with Central legislations.” 34. A judgment of the Privy Council in Attorney General for Canada v. Attorney General for the Province of Quebec, 1947 AC 33 (PC) also throws some light on what is the correct meaning to be given to the expression “banking”. A Quebec Statute deemed as vacant property, without an owner, (which will now belong to His Majesty) all deposits or credits in credit institutions and other establishments which received funds or securities on deposit where for 30 years or more such deposits or credits are not the subject of any operation or claim by the persons entitled thereto. In an appeal from the Court of King’s Bench of the Province of Quebec, the Bank of Montreal argued that the State Act was beyond the powers of the Quebec Legislature as “banking” was one of the subjects allotted exclusively to Parliament of Canada. Lord Porter, in an illuminating judgment, posed the question and answered it thus: (AC p. 44) “Is then, the repayment of deposits to depositors or their successorsintitle under the law as existing a part of the business of banking or necessarily incidental thereto, or is it primarily concerned with property and civil rights or incidental to those subjects? Their Lordships cannot but think that the receipt of deposits and the repayment of the sums deposited to the depositors or their successors as defined above is an essential part of the business of banking.” In this view of the matter, the Privy Council further held: (AC p. 46) “… In their view, a Provincial Legislature enters on the field of banking when it interferes with the right of depositors to receive payment of their deposits, as in their view it would if it confiscated loans made by a bank to its customers. Both are in a sense matters of property and civil rights, but in essence they are included within the category of banking.”
85 37. Applying the doctrine of pith and substance to SARFAESI, it is clear that in pith and substance the entire Act is referable to Entry 45 List I read with Entry 95 List I in that it deals with recovery of debts due to banks and financial institutions, inter alia through facilitating securitisation and reconstruction of financial assets of banks and financial institutions, and sets up a machinery in order to enforce the provisions of the Act. In pith and substance, SARFAESI does not deal with “transfer of property”. In fact, insofar as banks and financial institutions are concerned, it deals with recovery of debts owing to such banks and financial institutions and certain measures which can be taken outside of the court process to enforce such recovery. Under Section 13(4) of SARFAESI, apart from recourse to taking possession of secured assets of the borrower and assigning or selling them in order to realise their debts, the banks can also take over the management of the business of the borrower, and/or appoint any person as manager to manage secured assets, the possession of which has been taken over by the secured creditor. Banks as secured creditors may also require at any time by notice in writing, any person who has acquired any of the secured assets from the borrower and from whom money is due or payable to the borrower, to pay the secured creditor so much of the money as is sufficient to pay the secured debt. It is thus clear that the transfer of property, by way of sale or assignment, is only one of several measures of recovery of a secured debt owing to a bank and this being the case, it is clear that SARFAESI, as a whole, cannot possibly be said to be in pith and substance, an Act relatable to the subjectmatter “transfer of property”. 50. In Delhi Cloth & General Mills Co. Ltd. (supra) , the question came up for consideration concerning legislation whether it falls within one entry or the other. However, some portion of the subjectmatter of the legislation incidentally trenched upon and might enter a field under another list; then, it must be held to be valid in its entirety, even
86 though it might incidentally trench on matters which are beyond its competence. It was observed: “ 33. Mr O.P. Malhotra raised a contention as to the legislative competence of the Parliament to enact Section 58A and the Deposits Rules enacted in exercise of the power conferred by Section 58A read with Section 642 of the Companies Act, 1956. This is only to be mentioned to be rejected. Mr Malhotra urged that when a company invites and accepts deposits, there comes into existence a lender borrower relationship between the depositor and the company, and therefore the legislation dealing with the subject squarely falls under Entry 30 of the State List, ‘money lending and moneylenders’. If this submission were to carry conviction, every depositor in the bank would be a moneylender and the transaction would be one of moneylending. Is the banking industry to be covered under Entry 30? On the other hand, Entry 45 in Union List is a specific Entry ‘Banking’ and therefore any legislation relating to banking would be referable to Entry 45 in the Union List. Entry 43 in the Union List is: “Incorporation, regulation and winding up of trading corporations, including banking, insurance and financial corporations but not including cooperative societies”. Entry 44 refers to “incorporation, regulation, and winding up of corporation whether trading or not when business is not confined to one State but not including universities”. Obviously the power to legislate about the companies is referable to Entry 44 when the objects of the company are not confined to one State and irrespective of the fact whether it is trading or not. When a law is impugned on the ground that it is ultra vires the powers of the legislature which enacted it, what has to be ascertained is the true character of the legislation. To do that one must have regard to the enactment as a whole, to its objects and to the scope and effect of its provisions (see A.S. Krishna v. State of Madras, 1957 SCR 399, 410). To resolve the controversy if it becomes necessary to ascertain to which entry in the three Lists, the legislation is referable, the court has evolved the doctrine of pith and substance. If in pith and substance, the legislation falls within one entry or the other but some portion of the subjectmatter of the legislation incidentally trenches upon and might enter a field
87 under another List, then it must be held to be valid in its entirety, even though it might incidentally trench on matters which are beyond its competence (see Ishwari Khaetan Sugar Mills ( P ) Ltd. v. State of U.P., (1980) 3 SCR 331, 343, Union of India V. H.S. Dhillon , (1972) 2 SCR 33, Kerala State Electricity Board v. Indian Aluminium Company, (1976) 1 SCR 552 and State of Karnataka v. Ranganatha Reddy, (1978) 1 SCR 641). Applying this doctrine of pith and substance, Section 58A which is incorporated in the Companies Act is referable to Entries 43 and 44 in the Union List and the enactment viewed as a whole cannot be said to be legislation on moneylenders and moneylending or being referable to Entry 30 in the State List. Undoubtedly, therefore Parliament had the legislative competence to enact Section 58A.” 51. Reliance has also been placed on the decision of a Constitution Bench in I.T.C. Ltd. (supra). The question involved in the said case was to the applicability and validity of Bihar Agricultural Produce Markets Act, 1960 and the Karnataka Agricultural Produce Marketing (Regulation) Act, 1966, to the extent these State legislations deal with the sale of tobacco in market areas with particular reference to the levy thereupon of market fee after enactment of Tobacco Board Act, 1975 parliamentary legislation. The scope of Entry 52 in the Union List of the Seventh Schedule of the Constitution of India with particular reference to the meaning of the expression 'Industries' as also in Entry 24 in the State List of the Seventh Schedule of the Constitution came up for consideration. The Court relied on the decision of Constitution Bench in Belsund Sugar Co. Ltd. v. State of
88 Bihar 33 , in which it was held that merely because the industry is controlled by a declaration under Section 2 of the IDR Act enacted by Entry 52 of the Union List, the State Legislature would not be denied of its power to regulate the products of such industry by the exercise of its legislative power under the State List. The Court ultimately held that State Legislation and the Tobacco Board Act, 1975 to the extent they relate to the sale of tobacco in market areas, cannot coexist. The State legislatures were competent to pass legislation concerning such goods. In I.T.C. Ltd. (supra), i t was observed: “ 87. Further, in Belsund Sugar Co. , (1999) 9 SCC 620, the Constitution Bench cited with approval the decision in SIEL case, (1998) 7 SCC 26 and reiterated that merely because the industry is controlled by a declaration under Section 2 of the IDR Act enacted by Entry 52 of the Union List, the State Legislature would not be denied of its power to regulate the products of such an industry by exercise of its legislative power under the State List. It would be useful to extract para 119 of Belsund Sugar Co. case, (1999) 9 SCC 620, as under: (SCC pp. 67071) “ 119 . However, so far as the IDR Act is concerned, it is enacted under Entry 52 of the First Schedule which deals with industries in general. Simultaneously in the State List itself there is Entry 24 which deals with industries subject to the provisions of Entries 7 and 52 of List I. Consequently, the products of such controlled industries would necessarily not be governed by the sweep of the general legislation pertaining to such industries as per Entry 52 of the Union List. The aforesaid Constitution Bench judgment was not concerned with any State legislation enacted under Entry 24. On the contrary, it dealt with legislation of the Union Parliament under Entry 54 of the Union List read with Entry 23 of the State 33
(1999) 9 SCC 620
89 List. The scheme of the aforesaid legislative entries is entirely different from the scheme of Entry 52 of List I read with Entry 24 of List II with which we are concerned . On a conjoint reading of the aforesaid two entries, therefore, the ratio of the decision of the Constitution Bench in the aforesaid case cannot be effectively pressed into service by Shri Ranjit Kumar for supporting his contention. In this contention, we may usefully refer to a decision of this Court in SIEL Ltd., (1998) 7 SCC 26, where one of us, Sujata V. Manohar, J. was a Member. It has rightly distinguished the ratio of the Constitution Bench decision in the case of Hingir Rampur Coal Co. Ltd., AIR 1961 SC 459 and taken the view that merely because an industry is controlled by a declaration under Section 2 of the IDR Act enacted by Entry 52 of the Union List, the State Legislature would not be denied of its powers to regulate the products of such an industry by exercise of its legislative powers under Entry 24 of the State List. In that case the question was whether the U.P. Sheera Niyantran Adhiniyam, 1964 could be said to be repugnant to the Molasses (Control) Order issued by the Central Government under Section 18G of the IDR Act imposing restrictions on the sale of molasses and fixing the maximum price of molasses. Answering the question in the negative, it was held that the term ‘industry’ in Entry 24 would not take within its ambit trade and commerce or production, supply and distribution of goods which are within the province of Entries 26 and 27 of List II. Similarly, Entry 52 in List I which deals with industry also would not cover trade and commerce in, or production, supply and distribution of, the products of those industries which fall under Entry 52 of List I . For the industries falling in Entry 52 of List I, these subjects are carved out and expressly put in Entry 33 of List III. It was also held that since the Molasses (Control) Order of 1961 passed by the Central Government in exercise of powers conferred by Section 18G was not extended at any point of time to the State of U.P. or the State of Bihar, the question of repugnancy between the Molasses Control Order, 1961 and the U.P. Sheera Niyantran Adhiniyam, 1964 does not arise. Consequently, it must be held that in the absence of a statutory order
90 promulgated under Section 18G of the IDR Act, it cannot be said that the field for regulation of sale and purchase of products of the flour industry like atta, maida, suji, bran, etc. would remain outside the domain of the State Legislature.” 93. That the legislative power of Parliament in certain areas is paramount under the Constitution is not in dispute. What is in dispute is the limits of those areas as judicially defined. Broadly speaking, parliamentary paramountcy is provided for under Articles 246 and 254 of the Constitution. The first three clauses of Article 246 of the Constitution relate to the demarcation of legislative powers between Parliament and the State Legislatures. Under clause (1), notwithstanding anything contained in clauses (2) and (3), Parliament has been given the exclusive power to make laws with respect to any of the matters enumerated in List I or the Union List in the Seventh Schedule. Clause (2) empowers Parliament, and the State Legislatures subject to the power of Parliament under clause (1), to make laws with respect to any of the matters enumerated in List III in the Seventh Schedule described in the Constitution as the “Concurrent List” notwithstanding anything contained in clause (3). Under clause (3) the State Legislatures have been given exclusive powers to make laws in respect of matters enumerated in List II in the Seventh Schedule described as the “State List” but subject to clauses (1) and (2). The three lists while enumerating in detail the legislative subjects carefully distribute the areas of legislative authority between Parliament (List I) and the State (List II). The supremacy of Parliament has been provided for by the non obstante clause in Article 246(1) and the words “subject to” in Articles 246(2) and (3). Therefore, under Article 246(1) if any of the entries in the three lists overlap, the entry in List I will prevail (M.P.V. Sundararamier & Co. v. State of A.P., AIR 1958 SC 468). Additionally some of the entries in the State List have been made expressly subject to the power of Parliament to legislate either under List I or under List III. Entries in the lists of the Seventh Schedule have been liberally interpreted, nevertheless courts have been wary of upsetting this balance by a process of interpretation so as to deprive any entry of its content and reduce it to “useless lumber” (Calcutta Gas Co. (Proprietary) Ltd.
91 v. State of W.B., AIR 1962 SC 1044). The use of the word “exclusive” in clause (3) denotes that within the legislative fields contained in List II, the State Legislatures exercise authority as plenary and ample as Parliament. “ 276 . The fact that under the scheme of our Constitution, greater power is conferred upon the Centre visàvis the States does not mean that States are mere appendages of the Centre. Within the sphere allotted to them, States are supreme. The Centre cannot tamper with their powers. More particularly, the courts should not adopt an approach, an interpretation, which has the effect of or tends to have the effect of whittling down the powers reserved to the States.” 126. To sum up: the word “industry” for the purposes of Entry 52 of List I has been firmly confined by Tika Ramji , AIR 1956 SC 676 to the process of manufacture or production only. Subsequent decisions including those of other Constitution Benches have reaffirmed that Tika Ramji case, AIR 1956 SC 676 authoritatively defined the word “industry” — to mean the process of manufacture or production and that it does not include the raw materials used in the industry or the distribution of the products of the industry. Given the constitutional framework, and the weight of judicial authority it is not possible to accept an argument canvassing a wider meaning of the word “industry”. Whatever the word may mean in any other context, it must be understood in the constitutional context as meaning “manufacture or production”. 130. It was held that: (AIR pp. 9495, para 10) “Market no doubt ordinarily means a place where business is being transacted. That was probably all that it meant at a time when trade was not developed and when transactions took place at specified places. But with the development of commerce, bargains came to be concluded more often than not through correspondence and the connotation of the word ‘market’ underwent a corresponding expansion. In modern parlance the word ‘market’ has come to mean business as well as the place where business is carried on.”
92 163. As noticed earlier the majority view in ITC case, 1985 Supp SCC 476 has been upheld in the judgment of Brother Pattanaik, on slightly different reasoning and the decisions of this Court in M.A. Tulloch, AIR 1964 SC 1284 and Baijnath Kadio , (1969) 3 SCC 838 dealing with legislation on mining and relied upon in the majority judgment of ITC case , 1985 Supp SCC 476 have been found to be not relevant for the decision. It is true, while legislating on any subject covered under an entry of any list, there can always be a possibility of entrenching upon or touching the field of legislation of another entry of the same list or another list for matters which may be incidental or ancillary thereto. In such eventuality, inter alia, a broad and liberal interpretation of an entry in the list may certainly be required. An absolute or watertight compartmentalization of heads of subject for legislation may not be possible but at the same time entrenching into the field of another entry cannot mean its total sweeping off even though it may be in the exclusive list of heads of subjects for legislation by the other legislature. As in the present case the relevant heads of subject in List II, other than Entry 24, cannot be made to practically disappear from List II and assumed to have crossed over in totality to List I by virtue of declaration of the tobacco industry under Entry 52 of List I, in the guise of touching or entrenching upon the subjects of List II.” 52. In Calcutta Gas Company (Proprietary) Ltd. v. State of West Bengal and Ors. 34 , a Constitution Bench of this Court considered the meaning of ‘ industry ’ in Entry 52 of List I and Entries 24 and 25 of List II and observed that having regard to the principles, while giving the most extensive scope to both the entries, the interpretation which harmonizes has to be adopted. It was held: “ 9. With this background let us construe the aforesaid entries. There are three possible 34
AIR 1962 SC 1044
93 constructions, namely, ( 1 ) Entry 24 of List II, which provides for industries generally, covers the industrial aspect of gas and gasworks leaving Entry 25 to provide for other aspects of gas and gas works; ( 2 ) Entry 24 provides generally for industries, and Entry 25 carves out of it the specific industry of gas and gasworks, with the result that the industry of gas and gasworks is excluded from Entry 24; and ( 3 ) the industry of gas and gasworks falls under both the entries, that is, there is a real overlapping of the said entries. Having regard to the aforesaid principle, while giving the widest scope to both the entries, we shall adopt the interpretation which reconciles and harmonizes them.” 53. In Central Bank of India v. State of Kerala and Ors. 35 , the question came up for consideration concerning Entry 45 of List I and Entry 54 of List II. The question arose whether Section 38C of the Bombay Sales Tax Act, 1959 and Section 26B of the Kerala General Sales Tax Act, 1963 and similar provisions contained in other State legislation by which a first charge was created on the property of the dealer or such other person, who was liable to pay sales tax, were inconsistent with the provisions contained in the RDB Act, 1993 and the SARFAESI Act and whether central legislations would have primacy over the state legislations. It was observed: “ 92. An analysis of the abovenoted provisions makes it clear that the primary object of the DRT Act was to facilitate creation of special machinery for speedy recovery of the dues of banks and financial institutions. This is the reason why the DRT Act not only provides for establishment of the Tribunals and the Appellate Tribunals with the jurisdiction, powers and authority to make summary adjudication of applications made by banks or financial institutions and specifies the modes of recovery of the amount 35
(2009) 4 SCC 94
94 determined by the Tribunal or the Appellate Tribunal but also bars the jurisdiction of all courts except the Supreme Court and the High Courts in relation to the matters specified in Section 17. The Tribunals and the Appellate Tribunals have also been freed from the shackles of procedure contained in the Code of Civil Procedure. To put it differently, the DRT Act has not only brought into existence special procedural mechanism for speedy recovery of the dues of banks and financial institutions, but also made provision for ensuring that defaulting borrowers are not able to invoke the jurisdiction of civil courts for frustrating the proceedings initiated by the banks and financial institutions. 93. The enactment of the Securitisation Act can be treated as one of the most radical legislative measures taken by the Government for ensuring that dues of secured creditors including banks, financial institutions are recovered from the defaulting borrowers without any obstruction. For the first time, the secured creditors have been empowered to take measures for recovery of their dues without the intervention of the courts or tribunals. 110. The DRT Act facilitated establishment of two tier system of tribunals. The tribunals established at the first level have been vested with the jurisdiction, powers and authority to summarily adjudicate the claims of banks and financial institutions in the matter of recovery of their dues without being bogged down by the technicalities of the Code of Civil Procedure. The Securitisation Act drastically changed the scenario inasmuch as it enabled banks, financial institutions and other secured creditors to recover their dues without intervention of the courts or tribunals. The Securitisation Act also made provision for registration and regulation of securitisation/reconstruction companies, securitisation of financial assets of banks and financial institutions and other related provisions. 116. The non obstante clauses contained in Section 34(1) of the DRT Act and Section 35 of the Securitisation Act give overriding effect to the provisions of those Acts only if there is anything inconsistent contained in any other law or
95 instrument having effect by virtue of any other law. In other words, if there is no provision in the other enactments which are inconsistent with the DRT Act or the Securitisation Act, the provisions contained in those Acts cannot override other legislations. Section 38C of the Bombay Act and Section 26B of the Kerala Act also contain non obstante clauses and give statutory recognition to the priority of the State’s charge over other debts, which was recognised by Indian High Courts even before 1950. In other words, these sections and similar provisions contained in other State legislations not only create first charge on the property of the dealer or any other person liable to pay sales tax, etc. but also give them overriding effect over other laws.” This Court found no conflict in the provisions of the Central Act and that of the State. 54. Learned counsel on behalf of appellants relying on the decisions in S.S. Dhanoa, Daman Singh, and Dalco Engineering Private Limited (supra), argued that the Parliament was conscious of the distinction between a corporation falling under Entries 43 and 44 of List I and a cooperative society falling under Entry 32 of List II. In S.S. Dhanoa (supra), this Court considered the distinction between corporation created by law and a body or society created by an act of individual in accordance with provisions of the statute and observed: “ 8. A corporation is an artificial being created by law having a legal entity entirely separate and distinct from the individuals who compose it with the capacity of continuous existence and succession, notwithstanding changes in its membership. In addition, it possesses the capacity as such legal entity of taking, holding and conveying property, entering into contracts, suing and being sued, and exercising such other powers and privileges as may be conferred on it by the law of its creation just as a
96 natural person may. The following definition of corporation was given by Chief Justice Marshall in the celebrated Dartmouth College case , 4 Wheat 518, 636: 4 L Ed 629 (1819): “A corporation is an artificial being, invisible, intangible, and existing only in contemplation of law. Being the mere creature of law, it possesses only those properties which the charter of its creation confers upon it, either expressly or as incidental to its very existence. These are such as are supposed best calculated to effect the object for which it was created. Among the most important are immortality, and, if the expression may be allowed, individuality; properties, by which a perpetual succession of many persons are considered as the same, and may act as a single individual. They enable a corporation to manage its own affairs, and to hold property, without the perplexing intricacies, the hazardous and endless necessity, of perpetual conveyances for the purpose of transmitting it from hand to hand. It is chiefly for the purpose of clothing bodies of men, in succession, with these qualities and capacities, that corporations were invented, and are in use. By these means, a perpetual succession of individuals are capable of acting for the promotion of the particular object, like one immortal being.” The term ‘corporation' is, therefore, wide enough to include private corporations. But, in the context of clause Twelfth of Section 21 of the Indian Penal Code, the expression ‘corporation’ must be given a narrow legal connotation. 9. Corporation, in its widest sense, may mean any association of individuals entitled to act as an individual. But that certainly is not the sense in which it is used here. Corporation established by or under an Act of Legislature can only mean a body corporate which owes its existence, and not merely its corporate status, to the Act. For example, a Municipality, a Zilla Parishad or a Gram Panchayat owes its existence and status to an Act of Legislature. On the other hand, an association of persons constituting themselves into a company under the Companies Act or a society under the Societies Registration Act owes its existence not to the Act of Legislature but to acts of parties though,
97 it may owe its status as a body corporate to an Act of Legislature.” In Daman Singh (supra), a Constitution Bench of this Court considered Entry 43 of List I and Entry 32 of List II of the Seventh Schedule of the Constitution of India and observed: “ 5. What is a corporation? In Halsbury’s Laws of England , Fourth Edition, Volume 9, Paragraph 1201, it is said, A corporation may be defined as a body of persons (in the case of a corporation aggregate) or an office (in the case of a corporation sole) which is recognised by the law as having a personality which is distinct from the separate personalities of the members of the body or the personality of the individual holder for the time being of the office in question. A corporation aggregate has been defined in paragraph 1204 as, [A] collection of individuals united into one body under a special denomination, having perpetual succession under an artificial form, and vested by the policy of the law with the capacity of acting in several respects as an individual, particularly of taking and granting property, of contracting obligations and of suing and being sued, of enjoying privileges and immunities in common and of exercising a variety of political rights, more or less extensive, according to the design of its institution, or the powers conferred upon it, either at the time of its creation or at any subsequent period of its existence. This Court in Board of Trustees, Ayurvedic and Unani Tibia College, Delhi v. State of Delhi , 1962 Supp 1 SCR 156 was required to answer the question whether the Board of trustees which was originally registered under the Societies Registration Act, 1860 and a new Board of trustees which was incorporated by an Act of the legislature called the Tibbia College Act, 1952 by which the old Board was dissolved and a new Board constituted were corporations. The Court held that the old Board was not but the new Board was. Posing the question what is a corporation, the Court answered it with the statements contained in Halsbury’s Laws of England already extracted by us and added, A corporation aggregate has therefore only one capacity, namely, its corporate capacity. A corporation aggregate may be a trading corporation or a non trading corporation. The usual examples of a trading corporation are ( 1 ) charter companies, ( 2 ) companies
98 incorporated by special Acts of Parliament, ( 3 ) companies registered under the Companies Act, etc. Nontrading corporations are illustrated by (1) municipal corporations, ( 2 ) district boards, ( 3 ) benevolent institutions, ( 4 ) universities etc. An essential element in the legal conception of a corporation is that its identity is continuous, that is, that the original member or members and his or their successors are one. In law the individual corporators, or members, of which it is composed are something wholly different from the corporation itself; for a corporation is a legal persona just as much as an individual. Thus, it has been held that a name is essential to a corporation; that a corporation aggregate can, as a general rule, only act or express its will by deed under its common seal; that at the present day in England a corporation is created by one or other of two methods, namely, by Royal Charter of incorporation from the Crown or by the authority of Parliament that is to say, by or by virtue of statute. There is authority of long standing for saying that the essence of a corporation consists in ( 1 ) lawful authority of incorporation, ( 2 ) the persons to be incorporated, ( 3 ) a name by which the persons are incorporated, ( 4 ) a place, and ( 5 ) words sufficient in law to show incorporation. No particular words are necessary for the creation of a corporation; any expression showing an intention to incorporate will be sufficient. The Court then noticed the various provisions of the Societies Registration Act, 1860 which according to them contained no sufficient words to indicate an intention to incorporate but on the contrary contained provisions showing that there was an absence of such intention. Therefore, they observed, “We have, therefore, come to the conclusion that the provisions aforesaid do not establish the main essential characteristic of a corporation aggregate, namely, that of an intention to incorporate the society”. Considering next the question whether the new Board was a corporation, the Court had no difficulty in answering the question with reference to subsection (2) of Section 3 which stated that the Board shall be a body corporate having perpetual succession and common seal and shall by the said name sue and be sued. The Court observed, “Subsection (2) of Section 3 says in express terms that the new Board constituted under the impugned Act is given a corporate status; in other words, the new Board is a corporation in the full sense of the term”. 6. We have already extracted Section 30 of the Punjab Act which confers on every registered cooperative society the status of a body corporate having perpetual
99 succession and a common seal, with power to hold property, enter into contracts, institute and defend suits and other legal proceedings and to do all things necessary for the purposes for which it is constituted. There cannot, therefore, be the slightest doubt that a cooperative society is a corporation as commonly understood. Does the scheme of the Constitution make any difference? We apprehend not. 7. … According to Mr Ramamurthi the express exclusion of cooperative societies in Entry 43 of List I and the express inclusion of cooperative societies in Entry 32 of List II separately and apart from but along with corporations other than those specified in List I and universities, clearly indicated that the constitutional scheme was designed to treat cooperative societies as institutions distinct from corporations. On the other hand one would think that the very mention of cooperative societies both in Entry 43 of List I and Entry 32 of List II along with other corporations gave an indication that the Constitution makers were of the view that cooperative societies were of the same genus as other corporations and all were corporations. In fact the very express exclusion of cooperative societies from Entry 43 of List I is indicative of the view that but for such exclusion, cooperative societies would be comprehended within the meaning of expression “corporations”.” In Dalco Engineering Private Limited (supra), the Court followed the decision in S.S. Dhanoa (supra) and opined that there is a difference between a corporation established by law and established under the law. However, the question involved in the instant case is different. 55. In Hindustan Lever (supra), question was considered, whether there was an encroachment on the field of the Parliament reserved under Entry 43 of List I of the Seventh Schedule of the Constitution of India, which empowers the Union Government to make law relating to 'incorporation, regulation and winding up of trading corporations
100 including banks, insurance, and finance corporations'. It was held that the levy of stamp duty and prescribing rate of stamp duty on such documents is a different aspect. The Bombay Stamp Act does not provide for ‘incorporation, regulation and winding up of corporations’. The Court held: “ 42. It was next contended that provisions of Section 2( g )( iv ) read with Section 34 of the Bombay Stamp Act which provide that an instrument not duly stamped would be inadmissible in evidence are repugnant to Section 394 of the Companies Act and that the State legislation cannot prevail over the provisions of the Companies Act. It was also contended that in the guise of stamp duty the State Legislature is in reality imposing a tax on the amalgamation of companies and has therefore encroached on the field of Parliament under Entry 43 List I of the Constitution. We do not find any substance in this submission as well. Stamp duty is levied on the instrument and the measure is the valuation of the property transferred. There is no question of encroachment on the field of Parliament under Entry 43 List I of the Constitution which empowers the Union to make laws re: incorporation, regulation and winding up of trading corporations including banks, insurance and finance corporations but not including cooperative societies. The followup legislation under Entry 43 List I is totally different from the levy of stamp duty and of prescribing rate of stamp duty on such documents. The Bombay Stamp Act does not provide for any legislation with regard to incorporation, regulation and winding up of corporations. It only levies the stamp duty and prescribes the rate of stamp duty in respect of documents by compromise or arrangement.” 56. In Kerala State Electricity Board (supra), a Constitution Bench, while considering the Doctrine of Pith and Substance and dominant purpose, opined:
101 “ 5. In view of the provisions of Article 254, the power of Parliament to legislate in regard to matters in List III, which are dealt with by clause (2), is supreme the Parliament has exclusive power to legislate with respect to matters in List 1. The State Legislature has exclusive power to legislate with respect to matters in List II. But this is subject to the provisions of clause (1) [leaving out for the moment the reference to clause (2)]. The power of Parliament to legislate with respect to matters included in List I is supreme notwithstanding anything contained in clause (3) [again leaving out of consideration the provisions of clause (2)]. No what is the meaning of the words “notwithstanding” in clause (1) and “subject to” in clause (3)? They mean that where an entry is in general terms in List II and part of that entry is in specific, terms in List I, the entry in List I takes effect notwithstanding the entry in List II. This is also on the principle that the “special” excludes the “general” and the general entry in List II is subject to the special entry in List 1. For instance, though house accommodation and rent control might fall within either the State list or the concurrent list, Entry 3 in List I of Seventh Schedule carves out the subject of rent control and house accommodation in Cantonments from the general subject of house accommodation and rent control (see Indu Bhusan v. Sundari Devi, (1970) 1 SCR 443). Furthermore, the word “notwithstanding” in clause (1) also means that if it is not possible to reconcile the two entries the entry in List I will prevail. But before that happens attempt should be made to decide in which list a particular legislation falls. For deciding under which entry a particular legislation falls the theory of “pith and substance” has been evolved by the courts. If in pith and substance a legislation falls within one list or the other but some portion of the subjectmatter of that legislation incidentally trenches upon and might come to fall under another list, the Act as a whole would be valid notwithstanding such incidental trenching. These principles have been laid down in a number of decisions. 16. It would be obvious that one part of the Act does deal with the constitution of the Board, the incorporation of the Board and the regulation of its activities. But the main purpose of the Act is for rationalising the production and supply of
102 electricity. The regulation contemplated in Entries 43 and 44 is not regulation of the business of production, distribution and supply of electricity of the corporation. As the 1910 and 1948 Acts together form a complete code, with respect to Entry 38 in List 111 the Board is only an instrument fashioned for carrying out this object. The provision regarding the incorporation and regulation of the Electricity Board should be taken to be only incidental to the provision regarding production, supply and distribution of electricity. 18. In Ramtanu Housing Society v. Maharashtra, (1970) 1 SCC 248, this Court had dealt with the Maharashtra Industrial Development Act, 1961 and the question whether the Maharashtra Development Corporation formed under the Act was a trading corporation. In holding that the legislation fell under Entry 24 of the State list and not under Entry 43 of the Union list this Court observed: [SCC pp. 324, 325, 326, 327328, paras 3, 4, 8, 11 & 15] The Act is one to make a special provision for securing the orderly establishment in industrial areas and industrial estates of industries in the State of Maharashtra, and to assist generally in the organisation thereof, and for that purpose to establish an Industrial Development Corporation, and for purposes connected with the matters aforesaid. The corporation is established for the purpose of securing and assisting the rapid and orderly establishment and organisation of industries in industrial areas and industrial estates in the State of Maharashtra. Broadly stated the functions and powers of the corporation are to develop industrial areas and industrial estates by providing amenities of road, supply of water or electricity, street lighting, drainage … or otherwise transfer any property held by the corporation on such conditions as may be deemed proper by the corporation .... The principal functions of the corporation in regard to the establishment, growth and development of industries in the State are first to establish and manage industrial estates at selected places and secondly to develop industrial areas selected by the State Government. When industrial areas are selected the necessity of acquisition of land in those areas is apparent. The
103 Act, therefore, contemplates that the State Government may acquire land by publishing a notice specifying the particular purpose for which such land is required .... Where the land has been acquired for the corporation or any local authority, the State Government shall, after it has taken possession of the land, transfer the land to the corporation or that local authority .... * * * * It is in the background of the purposes of the Act and powers and functions of the corporation that the real and true character of the legislation will be determined .... Industries come within Entry 24 of the State list. The establishment, growth and development of industries in the State of Maharashtra does not fall within Entry 7 and Entry 52 of the Union list. Establishment, growth and development of industries in the State is within the State list of industries .... Acquisition or requisition of land falls under Entry 42 of the concurrent list. In order to achieve growth of industries it is necessary not only to acquire land but also to implement the purposes of the Act. The corporation is therefore established for carrying out the purposes of the Act, The pith and substance of the Act is establishment, growth and organisation of industries, acquisition of land in that behalf and carrying out the purposes of the Act by setting up the corporation as one of the limbs or agencies of the Government. The powers and functions of the corporation show in no uncertain terms that these are all in aid of the principal and predominant purpose of establishment, growth and establishment of industries. The corporation is established for that purpose .... We, therefore, hold that the Act is a valid piece of legislation. 19. In the present case the incorporation of the State Electricity Boards is merely for the rationalisation of the production and supply of electricity, for taking measures conducive to electrical development and for all matters incidental thereto. The incorporation of the Electricity Boards being incidental to the rationalisation of the production and supply of electricity and for being conducive to electrical development, the 1948 Act in pith and substance should be deemed to be one falling under Entry 38 of List III. Furthermore,
104 Electricity Boards are not trading corporations. They are public service corporations. They have to function without any profit motive. Their duty is to promote coordinated development of the generation, supply and distribution of electricity in the most efficient and economical manner with particular reference to such development in areas not for the time being served or adequately served by any licensee (Section 18). The only injunction is that as far as practicable they shall not carry on their operations at a loss (Section 59). They get subventions from the State Governments (Section 63). In the discharge of their functions they are guided by directions on questions of policy given by State Governments (Section 78A). There are no shareholders and there is no distribution of profits. This is another reason why the 1948 Act cannot be said to fall under Entry 43 of List I. 20. The question, therefore, is whether the impugned legislation falls under Entry 38 of List III or Entries 26 and 27 of List II and if the former, whether it is repugnant to the existing law on the subject, that is, the 1910 and 1948 Acts and if that were so, whether that repugnancy has been cured by Presidential assent? 21. Even assuming that part of the 1948 Act is legislation with respect to incorporation and regulation of a trading corporation, falling under Entry 43 of List I of Schedule VII, the rest of it will fall under Entry 38 of List III. That part of the Act relating to the regulation of the activities regarding production and distribution of electricity would, as we have shown, fall under the entry “Electricity”. The Kerala Act has nothing to do with the incorporation and regulation of the Electricity Board and, therefore, it can only relate to Entry 38 of List III, if at all.” It was held that repugnancy could only arise if both the legislations of Parliament and State fell within List III. 57. In Sita Ram Sharma and Ors. (supra) the question concerning
105 Entry 43 of List I and Entries 35 and 42 of List III was considered. It was held: “ 9. The main argument is that the subjectmatter of Section 4 falls within Item 43 of List I of the Seventh Schedule to the Constitution. So the State Legislature could not enact Section 4. The rival contention of Dr L.M. Singhvi, AdvocateGeneral of Rajasthan, is that the subjectmatter of Section 4 in its true nature and character falls within Items 35 and 42 of List III of the Seventh Schedule to the Constitution. 10. Item 43 of List I reads: “Incorporation, regulation and winding up of trading corporation, including banking, insurance and financial corporation but not including cooperative societies.” Item 35 of List III reads: “Mechanically propelled vehicles including the principles on which taxes on such vehicles are to be levied.” Item 42 of List III reads: “Acquisition and requisitioning of property.” 15. It is not disputed by the appellant that the subjectmatter of Chapter IVA falls within Items 35 and 42 of List III. It would accordingly follow that Section 68A the definition clause, also is a law with respect to those very items. Section 4 of the Ordinance declares that any scheme prepared and published under Section 68C by the General Manager of State Transport Undertaking shall be deemed to have been prepared or published by the State Transport Undertaking. It also provides that the scheme shall not be questioned in any court or before any authority merely on the ground that the same has been prepared or published by the General Manager. It may be observed that Section 4 makes no amendment in the Road Transport Corporation Act. It does not directly affect the power of the Road Transport Corporation under Section 19(2)( c ) of the said Act. It has attempted to insert a new Section 68CC in Chapter IVA of the Motor Vehicles Act. By this new section it has validated the scheme prepared and published by the General Manager of a State Transport Undertaking as defined in Section 68C.
106 16. We have little doubt in our mind that the subjectmatter of Section 4 clearly falls within Items 35 and 42 of List III and not within Item 43 of List I. The subjectmatter is the conferment of power of acquisition of a road transport undertaking by the General Manager of the State Transport Undertaking. It has direct concern with acquisition. It has no concern with incorporation, regulation and winding up of trading corporations. The constitutionality of the law is to be determined by its real subjectmatter and not by the incidental effect which it may have on any topic of legislation in List I. (See Prafulla Kumar Mukherjee v. Bank of Commerce Ltd. , 1947 FCR 28: AIR 1947 PC 60: 74 IA and Kannan Devan Hills Produce Company Ltd. v. State of Kerala , (1973) 1 SCR 356).” (emphasis supplied) It is apparent that 'incorporation, regulation and winding up' of the cooperative societies are covered under Entry 32 of List II of the Seventh Schedule of the Constitution of India, whereas 'banking' is covered by Entry 45 of List I. Thus, aspect of 'incorporation, regulation and winding up' would be covered under Entry 32 of List II. However, banking activity of such cooperative societies/banks shall be governed by Entry 45 of List I. The said banks are governed and regulated by legislation related to Entry 45 of List I, the BR Act, 1949 as well as the Reserve Bank of India Act under Entry 38 of List I. In the matter of licencing and doing business, a deep and pervasive control is carved out under the provisions of the BR Act, 1949 and banking activity done by any entity, primary credit societies, is a bank and is required to submit the accounts to the Reserve Bank of India, and there is complete control under the aforesaid Act. For activity of banking, these banks are governed by the legislation under Entry 45
107 of List I. Thus, recovery being an essential part of the banking, no conflict has been created by providing additional procedures under Section 13 of the SARFAESI Act. It is open to the bank to adopt a procedure which it may so choose. When banking in pith and substance is covered under Entry 45 of List I, even incidental trenching upon the field reserved for State under Entry 32 List II is permissible. 58. There can be various aspects of an activity. The cooperative societies may be formed under the provisions of the State Cooperative Acts. The State law provides for 'incorporation, regulation and winding up' under Entry 32 of List II, a membership registration, and other matters can be governed by Entry 32 of List II, and, at the same time, the aspects relating to the banking, licensing, accounts, etc. can be covered under Entry 45 List I. 59. In State of W.B. v. Kesoram Industries Ltd. and Ors. 36 , a Constitution Bench considered the aspects' theory and considered the field of taxation under Lists I and II and opined that there might be overlapping in fact, but there would be no overlapping in law. Simply because the methodology or mechanism adopted for assessment and quantification is similar, the two taxes cannot be said to be overlapping. It was held that Entries 52, 53, and 54 are not heads of taxation. The field of taxation is covered by Entries 49 and 50 of List 36
(2004) 10 SCC 201
108 II. It was held that the same transaction might involve two or more taxable events in its different aspects. Merely because the aspects overlap, such overlapping does not detract from the distinctiveness of the aspects. There was no question of conflict solely on account of two aspects of the same transaction being utilized by two legislatures for two levies. The Court held: “ 141. As held in Goodricke Group Ltd. , 1995 Supp (1) SCC 707 which we have held as correctly decided, this Court has noted the principle of law well established by several decisions that the measure of tax is not determinative of its essential character. The same transaction may involve two or more taxable events in its different aspects. Merely because the aspects overlap, such overlapping does not detract from the distinctiveness of the aspects. In our opinion, there is no question of conflict solely on account of two aspects of the same transaction being utilised by two legislatures for two levies both of which may be taxes or fees or one of which may be a tax and the other a fee falling within two fields of legislation respectively available to the two.” The legislation and entries are to be considered in pith and substance is the settled principles of law, and incidental trenching is permissible. Thus, we are of the opinion that section 2(c)(iv)(a) of the SARFAESI Act and the notification dated 28.2.2003 cannot be said to be ultra vires . They are within the ken of Entry 45 List I of the Seventh Schedule to the Constitution of India. EFFECT OF CONSTITUTIONAL PROVISIONS 60. Our aforesaid conclusion finds support by the Constitutional provisions inserted by way of the Constitution (Ninety Seventh
109 Amendment) Act, 2011. Article 43B has been added concerning the management of cooperative societies. Article 43B is extracted hereunder: “43B. Promotion of cooperative societies.— The State shall endeavour to promote voluntary formation, autonomous functioning, democratic control and professional management of co operative societies.” 61. Article 243ZI provides that the legislature of a State may, by law, make provisions with respect to ‘incorporation, regulation and winding up’ of cooperative societies. Article 243ZI is extracted hereunder: “243ZI. Incorporation of cooperative societies. — Subject to the provisions of this Part, the Legislature of a State may, by law, make provisions with respect to the incorporation, regulation and winding up of cooperative societies based on the principles of voluntary formation, democratic membercontrol, membereconomic participation and autonomous functioning.” 62. The Ninety Seventh Amendment also incorporated Article 243ZL dealing with supersession and suspension of the board and interim management. Article 243ZL is extracted hereunder: “243ZL.—Supersession and suspension of board and interim management.— (1) Notwithstanding anything contained in any law for the time being in force, no board shall be superseded or kept under suspension for a period exceeding six months: Provided that the board may be superseded or kept under suspension in case— (i) of its persistent default; or (ii) of negligence in the performance of its duties; or (iii) the board has committed any act prejudicial to the interests of the cooperative society or its members; or
110 (iv) there is stalemate in the constitution or functions of the board; or (v) the authority or body as provided by the Legislature of a State, by law, under clause (2) of article 243ZK, has failed to conduct elections in accordance with the provisions of the State Act: Provided further that the board of any such co operative society shall not be superseded or kept under suspension where there is no Government shareholding or loan or financial assistance or any guarantee by the Government: Provided also that in case of a cooperative society carrying on the business of banking, the provisions of the Banking Regulation Act, 1949 shall also apply: Provided also that in case of a cooperative society, other than a multiState cooperative society, carrying on the business of banking, the provisions of this clause shall have the effect as if for the words “six months”, the words “one year” had been substituted. (2) In case of supersession of a board, the administrator appointed to manage the affairs of such cooperative society shall arrange for conduct of elections within the period specified in clause (1) and handover the management to be elected board. (3) The Legislature of a State may, by law, make provisions for the conditions of service of the administrator.” (emphasis supplied) The third proviso to Article 243ZL(1) clarifies that in case of a co operative society carrying on the business of banking, the provisions of the BR Act, 1949 shall also apply besides the State Act. The fourth proviso to clause (1) of Article 243ZL also contains an exception with respect to multiState cooperative society carrying on the business of banking, the provisions of this clause shall have the effect as if for the
111 words 'six months', had been substituted by words 'one year.' Thus, the constitutional provision itself makes a distinction between a co operative bank and other cooperative societies and applied law enacted under Entry 45 of List I of the Seventh Schedule. It set at rest any controversy concerning the applicability of the BR Act, 1949 to banks run by cooperative societies. It also makes it clear that such banks are governed by Entry 45 of List I of the Seventh Schedule. 63. A threeJudge Bench decision in Greater Bombay Coop. Bank Ltd. (supra) is heavily relied upon by the appellants, and due to conflict noted by a threeJudge Bench, the matter has been referred. In Greater Bombay Coop. Bank Ltd. (supra) the question arose whether cooperative banks constituted under the Cooperative Societies Act would have the right to recover the amount from debtors under the Cooperative Societies Act, or they could proceed under the RDB Act, 1993, and whether pending proceedings were to be transferred to the Debt Relief Tribunal. In other words, whether the tribunals and the authorities constituted under the Maharashtra Cooperative Societies Act, 1960 and the MultiState Cooperative Societies Act, 2002, continue to have jurisdiction to entertain applications/disputes submitted before them by the cooperative banks incorporated under the 1960 Act and 2002 Act for recovery of debts after the establishment of a Debts Recovery Tribunal under the RDB Act, 1993.
112 The High Court opined that after the establishment of Debts Recovery Tribunal under the 1993 Act, the courts and authorities under the 1960 Act as well as the 2002 Act would cease to have jurisdiction to entertain the applications submitted by the cooperative banks for recovery of their dues. However, at the same time, the High Court upheld the competence of the State legislature to enact the Maharashtra Cooperative Societies Act, 1960. 64. In another matter, namely A.P. State Coop. Bank v. Samudra Shrimp (P) Ltd., the High Court of Andhra Pradesh, struck down Sections 61 and 71 of the APCS Act, 1964 on the ground of constitutional incompetence. It was held that subject matter was excluded from the State legislative field in Entry 32 of List II of the Seventh Schedule, and the recovery of monies fell within the core and substantive area of banking in Entry 45 of List I of the Seventh Schedule of the Constitution. A cooperative bank, as defined in Section 56(cci) of the BR Act, 1949, is a bank and a banking company within the meaning of Section 2 (d) & (e) of the RDB Act, 1993. The Debts Recovery Tribunal constituted under the Act of 1993 had exclusive jurisdiction. 65. In Greater Bombay Coop. Bank Ltd. (supra) as to the scope of Entries 43, 44 and 45 of List I and Entry 32 of List II of the Seventh Schedule of the Constitution of India, it was observed:
113 “ 88. Entry 43 of List I speaks of banking, insurance and financial corporations, etc. but expressly excludes cooperative societies from its ambit. The constitutional intendment seems to be that the cooperative movement was to be left to the States to promote and legislate upon and the banking activities of cooperative societies were also not to be touched unless Parliament considered it imperative. The BR Act deals with the regulation of the banking business. There is no provision whatsoever relating to proceedings for recovery by any bank of its dues. Recovery was initially governed by the Code of Civil Procedure by way of civil suits and after the RDB Act came into force, the recovery of the dues of the banks and financial institutions was by filing applications to the Tribunal. The Tribunal has been established with the sole object to provide speedy remedy for recovery of debts of the banks and financial institutions since there has been considerable difficulties experienced therefor from normal remedy of civil court. 89. In R.C. Cooper v. Union of India, (1970) 1 SCC 248, this Court observed that power to legislate for setting up corporations to carry on banking and other business and to acquire, hold and dispose of property and to provide for administration of the corporations is conferred upon Parliament by Entries 43, 44 and 45 of the Constitution. Therefore, the express exclusion of cooperative societies in Entry 43 of List I and the express inclusion of cooperative societies in Entry 32 of List II separately and apart from but along with corporations other than those specified in List I and universities, clearly indicated that the constitutional scheme was designed to treat cooperative societies as institutions distinct from corporations. Cooperative societies, incorporation, regulation and winding up are State subjects in the ambit of Entry 32 of List II of the Seventh Schedule to the Constitution of India. Cooperatives form a specie of genus “corporation” and as such cooperative societies with objects not confined to one State are read in with the Union List as provided in Entry 44 of List I of the Seventh Schedule of the Constitution; the MSCS Act, 2002 governs such multiState cooperatives. Hence, the cooperative banks performing functions for the public with a limited commercial function as opposed to corporate banks cannot be covered by
114 Entry 45 of List I dealing with “banking”. The subject of cooperative societies is not included in the Union List rather it is covered under Entry 32 of List II of the Seventh Schedule appended to the Constitution.” The Court distinguished the decision in Delhi High Court Bar Association (supra) thus: “ 95. Union of India v. Delhi High Court Bar Assn. , (2002) 4 SCC 275, relied upon on behalf of the respondents in support of the judgments and orders of the High Court of Bombay and the High Court of Andhra Pradesh, does not consider the issue of cooperative banks’ adjudication and recovery provisions under Entry 32 of List II. The Court was only considering Entry 45, List I visàvis Entry IIA, List III “administration of justice”. As such, the decision of this case is of no assistance or of help to the proposition of law involved in the present cases.” 66. In Greater Bombay Coop. Bank Ltd. (supra), the Court relied upon the decisions in Sant Sadhu Singh v. State of Punjab 37 , and Nagpur District Central Cooperative Bank Ltd. v. Divisional Joint Registrar, Cooperative Societies 38 . In Sant Sadhu Singh (supra), the amendment made to the Punjab Cooperative Societies Act, 1961, which curtailed the rights and powers of the shareholders in managing the cooperative society, was under challenge. Thus, the question involved was related to the management aspect of the bank governed by the Cooperative Societies Act for which State had the exclusive legislative competence under Entry 32 of List II. Whereas in Nagpur District Central Cooperative Bank Ltd. (supra), the question arose 37
AIR 1970 P&H 528 38
AIR 1971 Bom 365
115 whether Registrar had the power under Section 78 of the Maharashtra Cooperative Societies Act to issue show cause notice to any committee of the society or any member of such committee including the Directors in respect of any default or negligence in the performance of the duties imposed on it or him by the Act or the rule or the byelaws and power of the Registrar to remove the Committee or the members thereof if any such action is called for. The argument was rejected that the cooperative societies indulged in the banking business, hence, the State did not have the legislative competence under Entry 32 of List II, and only the Parliament had the legislative competence under Entry 45 of List I. The question involved as to management was clearly covered under Entry 32 of List II. It was with respect to incorporation, management, and winding up of a society. Thus, both the abovementioned decisions could not be said to be applicable with regard to the aspect of banking and were wrongly relied upon while forming an opinion in Greater Bombay Coop. Bank Ltd. (supra). 67. At the same time, we are unable to accept the argument raised on behalf of the respondents. The SARFAESI Act is relatable to Entry 6 of List III considering the provisions contained in Sections 69 and 69A of the Transfer of Property Act, 1882. We are of the opinion that it relates to Entry 45 of List I of the Seventh Schedule of the Constitution of India .
116 68. Learned Counsel for the appellants has also placed reliance on Virendra Pal Singh (supra), in which the provisions relating to the recruitment, emoluments, terms, and conditions of service, including disciplinary control of employees working in the cooperative societies involved in the banking were considered. Thus, the question of management/regulation of the cooperative societies was involved. The aspect of the banking business of the cooperative banks was not involved. A question was raised as to the legislative competence of the State to enact. In that context, the Court held that, in pith and substance, the U.P. Cooperative Societies Act dealt with incorporation, management and winding up and that if it incidentally trenches upon banking, would not take the legislation beyond the competence of the State Legislature. For the proper financing and effective functioning of cooperative societies, there must also be co operative societies that do banking business to facilitate the working of other cooperative societies merely because they do banking business, they do not cease to be cooperative societies. It was opined: “ 10. We do not think it necessary to refer to the abundance of authority on the question as to how to determine whether a legislation falls under an entry in one list or another entry in another list. Long ago in Prafulla Kumar Mukherjee v. Bank of Commerce Ltd. , 74 IA 23, the Privy Council was confronted with the question whether the Bengal Money Lenders Act fell within Entry 27 in List II of the Seventh Schedule to the Government of India Act, 1935, which was “moneylending”, in respect of which the provincial legislature was competent to
117 legislate, or whether it fell within Entries 28 and 38 in List I which were “promissory notes” and “banking” which were within the competence of the Central Legislature. The argument was that the Bengal MoneyLenders Act was beyond the competence of the provincial legislature insofar as it dealt with promissory notes and the business of banking. The Privy Council upheld the vires of the whole of the Act because it dealt, in pith and substance, with moneylending. They observed: Subjects must still overlap, and where they do the question must be asked what in pith and substance is the effect of the enactment of which complaint is made, and in what list is its true nature and character to be found. If these questions could not be asked, much beneficent legislation would be stifled at birth, and many of the subjects entrusted to provincial legislation could never effectively be dealt with. Examining the provisions of the U.P. Cooperative Societies Act in the light of the observations of the Privy Council we do not have the slightest doubt that in pith and substance the Act deals with “cooperative societies”. That it trenches upon banking incidentally does not take it beyond the competence of the State Legislature. It is obvious that for the proper financing and effective functioning of cooperative societies there must also be cooperative societies which do banking business to facilitate the working of other cooperative societies. Merely because they do banking business such cooperative societies do not cease to be cooperative societies, when otherwise they are registered under the Cooperative Societies Act and are subject to the duties, liabilities and control of the provisions of the Cooperative Societies Act. We do not think that the question deserves any more consideration and, we, therefore, hold that the U.P. Cooperative Societies Act was within the competence of the State Legislature. This was also the view taken in Nagpur District Central Cooperative Bank Ltd. v. Divisional Joint Registrar, Cooperative Societies , AIR 1971 Bom 365 and Sant Sadhu Singh v. State of Punjab , AIR 1970 P & H 528.” In the aforesaid decision, it was held that under the U.P. Co operative Societies Act, the State was competent under Entry 32 of
118 List II to deal with incorporation, regulation and winding up of co operative banks. However, the main aspect of the activity of the co operative bank relating to banking was covered by the BR Act, 1949, and the Reserve Bank of India Act, which legislations are related to Entries 45 and 38 of List I of the Seventh Schedule. The aspects of 'incorporation, regulation and winding up' are covered under Entry 32 of List II of the Seventh Schedule. In our opinion, the activity of banking by such bankers is covered by Entry 45 of List I considering the Doctrine of Pith and Substance, and also considering the incidental encroachment on the field reserved for State is permissible. 69. The concept of regulating nonbanking affairs of society and regulating the banking business of society are two different aspects and are covered under different Entries, i.e., Entry 32 of List II and Entry 45 of List I, respectively. The law dealing with regulation of banking is traceable to Entry 45 of List I and only the Parliament is competent to legislate. The Parliament has enacted the SARFAESI Act. It does not intend to regulate the incorporation, regulation, or winding up of a corporation, company, or cooperative bank/co operative society. It provides for recovery of dues to banks, including cooperative banks, which is an essential part of banking activity. The Act in no way trenches on the field reserved under Entry 32 of List II and is a piece of legislation traceable to Entry 45 of List I. The
119 decision in Virendra Pal Singh (supra) has been rendered regarding service regulations. It does not apply to the instant case concerning the regulation of 'banking' covered under Entry 45 of List I. The Court did not deal with the aspect of the regulation of banking in the said decision as it was not required to be decided. Thus, the ratio of the decision operates in a different field. Moreover, the U.P. Cooperative Services Act was saved on the ground of incidental trenching on the subject of another list, i.e., Entry 45 List I, which is permissible. IN REFERENCE QUESTION NO.2: 70. The next question is of the effect of Section 56(a) on the definition of 'banking company' as defined in Section 5(1)(b) of the BR Act, 1949. It is necessary to consider the definition of 'banking' as contained in the SARFAESI Act. The term 'bank' has been defined in Section 2(1)(c) to mean 'banking company', a corresponding new bank, a subsidiary bank or a multiState cooperative bank or such other bank which the Central Government may by notification specify for the Act. The term 'banking company' under Section 2(d) shall have the meaning assigned to it in Section 5(c) of the BR Act, 1949. Thus, the definition of 'banking company' stands incorporated in Section 2(1) (d) of the SARFAESI Act, which came into force on 21.6.2002. Section 56(a) was incorporated in the BR Act, 1949 by Act No.23 of 1965, w.e.f. 1.3.1966. On that date, Section 56(a) became part of the statute. Section 5(c) of the BR Act, 1949 defines 'banking company'
120 means any company which transacts the business of banking. By virtue of Section 56(a), a reference to a 'banking company' or 'the company' or 'such company' shall be construed as references to a co operative bank for the application of the Act to the cooperative banks. Section 5(c) was not amended, and other provisions were also not amended where they were placed. However, amendments were incorporated by a different Chapter V by way of various provisions incorporated in Section 56 as it was necessary to retain certain provisions in the existing form as they applied to other banks and companies considering that the amendments and certain modifications which were necessary and were extensively required. The provisions in amended form in their application to the co operative banks were separately provided. When the BR Act, 1949 was applied to the cooperative bank, all the provisions under the Act concerning 'incorporation, regulation and winding up' were omitted insofar as the Act of 1949 is applied to cooperative banks, though they continue to exist in the Act for other entities but not concerning cooperative banks. It was mentioned in the advice given to the President under Article 117 that these matters were specifically not covered under Entry 45 of List I of the Seventh Schedule and formed the subjectmatter of Entry 32 of List II. Thus, when we apply the provisions of the Act of 1949 to a cooperative bank, the definition of 'banking company' has to be read to include a cooperative bank.
121 Section 56(a) becomes part of Section 5(c), although it is located in a separate place. As only Part V of the Act applies to the cooperative banks, Section 56(a) amends the definition of the 'banking company,' and it becomes an integral part of Section 5(c), as the full effect is required to be given. 71. The aspect of incorporation by reference of earlier Act into later has been dealt with in the ‘Principles of Statutory Interpretation’, 12 th Edition 2010 by Justice G.P. Singh at pages 318320 thus: “Incorporation of an earlier Act into a later Act is a legislative device adopted for the sake of convenience in order to avoid verbatim reproduction of the provisions of the earlier Act into the later. 39 When an earlier Act or certain of its provisions are incorporated by reference into a later Act, the provisions so incorporated become part and parcel of the later Act as if they had been “bodily transposed into it”. 40 The effect of incorporation is admirably stated by LORD ESHER, M.R.: “If a subsequent Act brings into itself by reference some of the clauses of a former Act, the legal effect of that, as has often been held, is to write those sections into the new Act as if they had been actually written in it with the pen, or printed in it. ” 41 The result is to constitute the later Act along with the incorporated 39
Mary Roy v. State of Kerala, (1986) 2 SCC 209, p. 216 : AIR 1986 SC 1011; Nagpur Improvement Trust v. Amrik Singh, AIR 2002 SC 3499, p. 3512 : (2002) 7 SCC 657. 40
Ramsarup v. Munshi, AIR 1963 SC 553, p. 558 : 1963 (3) SCR 858 ; Nagpur Improvement Trust v. Amrik Singh, AIR 2002 SC 3499, p. 3512 : (2002) 7 SCC 657. 41
Re, Wood's Estate, Ex parte, Works and Buildings Commrs., (1886) 31 Ch D 607, p. 615; Ram Kripal Bhagat v. State of Bihar, AIR 1970 SC 951, p. 957 : (1969) 3 SCC 471; Bolani Ores Ltd. v. State of Orissa, AIR 1975 SC 17, p. 29 : 1975 (2) SCR 138 : (1974) 2 SCC 777 ; Mahindra and Mahindra Ltd. v. Union of India, AIR 1979 SC 798, pp. 810, 811 : (1979) 2 SCC 529 ; Onkarlal Nandlal v. State of Rajasthan, (1985) 4 SCC 404, p. 415 : AIR 1986 SC 2146; Surana Steels Pvt. Ltd. v. Dy. Commissioner of Incometax, AIR 1999 SC 1455, p. 1459 : (1999) 4 SCC 306 (p. 233 of 7th edition of this book is approvingly quoted).
122 provisions of the earlier Act, an independent legislation which is not modified or repealed by a modification or repeal of the earlier Act. 42 As observed by BRETT, J.: “Where a statute is incorporated, by reference, into a second statute, the repeal of the first statute by a third does not affect the second.” 43 To the same effect is the statement by SIR GEORGE LOWNDES: “It seems to be no less logical to hold that where certain provisions from an existing Act have been incorporated into subsequent Act, no addition to the former Act, which is not expressly made applicable to the subsequent Act, can be deemed to be incorporated in it, at all events if it is possible for the subsequent Act to function, effectually without the addition. 44 Ordinarily if an Act is incorporated in a later Act, the intention is to incorporate the earlier Act, with all the amendments made in it up to the date of incorporation. 45 The rule that the repeal or amendment of the Act which is incorporated by reference in a later Act is not applicable for purposes of the later Act is subject to qualifications and exceptions. 46 A distinction is in this context drawn between incorporation and mere reference of an earlier Act into a later Act. 47 Further, a 42
Narottamdas v. State of M.P., AIR 1964 SC 1667, p. 1670 : (1964) 7 SCR 820; Bolani Ores Ltd. v. State of Orissa, supra; Mahindra and Mahindra Ltd. v. Union of India, supra; Nagpur Improvement Trust v. Amrik Singh, supra ; Sneh Enterprises v. Commr. of Customs, (2006) 7 SCC 714 (para 13) : (2006) 8 JT 587 : (2006) 7 SLT 615 (passage from 10th edition of this book is approvingly quoted). 43
Clarke v. Bradlaugh, (1881) 8 QBD 63, p. 69; referred to in Ramsarup v. Munshi, AIR 1963 SC 553, p. 558 : (1963) 3 SCR 858; Collector of Customs, Madras v. Nathelal Sampathu Chetty, AIR 1962 SC 316, p. 334 : (1962) 3 SCR 786. See further Jethanand Betab v. State of Delhi, AIR 1960 SC 89, pp. 91, 92 : (1960) 1 SCR 755; Bolani Ores Ltd. v. State of Orissa, supra; Mahindra and Mahindra Ltd. v. Union of India, supra; Nagpur Improvement Trust v. Amrik Singh, supra . 44
Secretary of State v. Hindustan Cooperative Insurance Society Ltd., AIR 1931 PC 149, p. 152. Referred to in Chairman of the Municipal Commrs. of Howrah v. Shalimar Wood Products (Private) Ltd., AIR 1962 SC 1691, p. 1694 : 1963 (1) SCR 47; Bolani Ores Ltd. v. State of Orissa, AIR 1975 SC 17, p. 29 : 1974 (2) SCC 777 ; Mahindra and Mahindra Ltd. v. Union of India, AIR 1979 SC 798, pp. 810, 811 : (1979) 2 SCC 529. 45
State of Maharashtra v. Madhavrao Damodar Patil, AIR 1968 SC 1395, p. 1400 : 1968 (3) SCR 712. 46
See text and notes 941, pp. 324332. 47
See text and notes 1421, pp. 326328.
123 distinction is also drawn when what is referred to is not an earlier Act or any provision from it but law on a subject in general. 48 There is, however, no controversy on the point that when any Act or rules are adopted in any later Act or rules, such adoption normally whether by incorporation or mere reference takes in all the amendments in the earlier Act or rules till the date of adoption. 49 ” The present one is a case of incorporation by reference in the same Act by a subsequent amendment in the application to co operative banks. When we apply the provisions of Section 5(c) to the cooperative banks, we have to read the cooperative banks as part and parcel of said definition as mandated statutorily. In case a company is not taken as a reference to the cooperative societies/banks in Section 5(c), several problems as to the interpretation of Section 56 would arise. It would have become necessary to amend all the provisions wherever words 'banking company' occur in the BR Act, 1949 in the application to cooperative banks. 72. With respect to legislative device of incorporation by reference in Mary Roy, etc. v. State of Kerala and Ors. 50 , the Court held: “ 7. … The legislative device of incorporation by reference is a wellknown device where the legislature instead of repeating the provisions of a particular statute in another statute incorporates 48
See text and notes 1013, pp. 325, 326. 49
Rajasthan State Road Transport Corporation Jaipur v. Poonam Pahwa, AIR 1997 SC 2951, p. 2957 : 1997 (6) SCC 100. Also see text and note 80, supra. [For convenience, citations have been renumbered.] 50
AIR 1986 SC 1011: (1986) 2 SCC 209
124 such provisions in the latter statute by reference to the earlier statute. It is a legislative device adopted for the sake of convenience in order to avoid verbatim reproduction of the provisions of an earlier statute in a later statute. But when the legislature intends to adopt this legislative device the language used by it is entirely distinct and different from the one employed in S.29 subsec.(2) of the Indian Succession Act, 1925. The opening part of S.29 sub sec. (2) is intended to be a qualificatory or excepting provision and not a provision for incorporation by reference. We have no hesitation in rejecting this contention urged on behalf of the respondents.” 73. In U.P. Avas Evam Vikas Parishad v. Jainul Islam and Anr. 51 , it was observed: “The determination if a legislation was by way of incorporation or reference is more a matter of construction by the Courts keeping in view the language employed by the Act, the purpose of referring or incorporating provision of an existing Act and the effect of it on the daytoday working. Reason for it is the Courts prime duty to assume that any law made by the Legislature is enacted to serve public interest.” 74. In Portsmouth Corporation v. Smith 52 , it was opined: “Where a single section of an Act of Parliament is introduced into another Act, I think, it must be read in the sense which it bore in the original Act from which it is taken, and that consequently it is perfectly legitimate to refer to all the rest of that Act in order to ascertain what the section meant, though those other sections are not incorporated in the new Act.” Lord Blackburn further observed thus: “I do not mean that if there was in the original Act a section not incorporated, which came by way of a proviso or exception on that which is incorporated, that should be referred to, but all others, including the interpretation clause, if there be one, may be 51
AIR 1998 SC 1028 52
(1885) 10 AC 364
125 referred to. It is dangerous mode of draftsmanship to incorporate a section from a former Act, for unless the draftsman has a much clearer recollection of the whole of the former Act than can always be excepted, there is great risk that something may be expressed which was not intended.”” 75. In Surana Steels Pvt. Ltd. v. Dy. Commissioner of Income Tax and Ors. 53 , it was held that provision is bodily listed and stands incorporated and plain rule of interpretation to be applied: “12. Once we have ascertained the object behind the legislation and held that the provisions of Section 205 quoted hereinabove stand bodily lifted and incorporated into the body of Section 115J of the Income Tax Act, all that we have to do is to read the provisions plainly and apply rules of interpretation if any ambiguity survives. Section 205(1) first proviso Clause (b), of the Companies Act brings out the unabsorbed portion of the amount of depreciation already provided for computing the loss for the year. The words "the amount provided for depreciation" and "arrived at in both cases after providing for depreciation" make it abundantly clear that in this clause "loss" refers to the amount of loss arrived at after taking into account the amount of depreciation provided in the profit and loss account.” (emphasis supplied) 76. In Secretary of State v. Hindustan Cooperative Insurance Society Ltd. 54 , the Privy Council held: “..........In this country it is accepted that where a statute is incorporated by reference into a second statute, the repeal of the first statute does not affect the second: see the cases collected in “Craies on Statute Law”. This doctrine finds expression in a common form section which regularly appears in the Amending and Repealing Acts which are passed 53
(1999) 4 SCC 306 54
AIR 1931 PC 149
126 from time to time in India. The section runs. “The repeal by this Act of any enactment shall not affect any Act in which such enactment has been applied, incorporated or referred to;” The independent existence of the two Acts is therefore recognized, despite the death of the parent Act, its offspring survives in the incorporating Act. Though no such saving clause appears in the General Clauses Act, their lordships think that the principle involved is as applicable in India as it is in this country. It seems to be no less logical to hold that where certain provisions from an existing Act have been incorporated into a subsequent Act which is not expressly made applicable to the subsequent Act, can be deemed to be incorporated in it, at all events if it is possible for the subsequent Act to function effectually without the addition.” 77. In Ram Sarup and Ors. v. Munshi and Ors. 55 , it was opined: “(11) The problem here raised is dependent upon the construction which the several provisions which we have set out earlier would bear after the repeal of the Punjab Alienation of Land Act, 1900. One thing is clear and that is that the authority which enacted the repeal of the Punjab Alienation of Land Act did not consider that Punjab Act 1 of 1913 had itself to be repealed. We shall now consider the effect of the repeal of the Punjab Alienation of Land Act with reference to each of the provisions:— (1) Definition of ‘agricultural land’ under S. 3(1): Where the provisions of an Act are incorporated by reference in a later Act the repeal of the earlier Act has, in general, no effect upon the construction or effect of the Act in which its provisions have been incorporated. The effect of incorporation is stated by Brett, L.J. in Clarke v Bradlugh, (1881) 8 QBD 63: “Where a statute is incorporated, by reference, into a second statute the repeal of the 55
AIR 1963 SC 553
127 first statute by a third does not affect the second.” In the circumstances, therefore, the repeal of the Punjab Alienation of Land Act of 1900 has no effect on the continued operation of the Preemption Act and the expression ‘agricultural land’ in the later Act has to be read as if the definition in the Alienation of Land Act had been bodily transposed into it. Section 2 of the Punjab Alienation of Land Act, 1900, as amended by Act 1 of 1907 defined ‘land’ as follows: “The expression ‘land’ means land which is not occupied as the site of any building in a town or village and is occupied or let for agricultural purposes or for purposes subservient to agriculture or for pasture, and includes.................................................. ………………………..” It is not in dispute that the land concerned in the claim for preemption made in the appeal satisfies this definition.” 78. It is apparent that in order to avoid verbatim reproduction of the earlier provisions, which did not apply to a cooperative bank, a device was carved out in Section 56(a) to read 'company' as 'banking company' or 'the company' or 'such company' as references to a co operative bank. If the definition in Section 5(c) and interpretation clause are not read as incorporated and having been amended, the interpretation clause and the entire amendment of Part V will become unworkable. It was not practical to amend the entire Act of 1949 as it dealt with ‘incorporation, regulation and winding up’ of other entities relatable to List I, as such the provisions were required to be retained, and such matters concerning cooperative societies/banks, relatable
128 subjectmatter under Entry 32 of List I of the Seventh Schedule of the Constitution of India, were to be excluded. As various provisions were to be omitted in their application to the cooperative societies and other provisions were to apply in a modified form, the amendments were made in the provisions in their application to the cooperative banks by providing a separate Chapter. Thus, it was not considered necessary nor would have been appropriate to amend the definition of Section 5(c) where it existed, in fact it was so amended in Section 56(a). Entire Chapter V was enacted concerning the application of the Act to the cooperative banks and has to be given full effect. Merely because the procedure for recovery of dues is provided in the Co operative Societies Act, could not have come in the way of interpretation of that expression 'cooperative bank' which was included in the definition and interpretation clause of Section 5 of the BR Act, 1949. It was open to the Parliament to deal with the subject of 'banking' in Entry 45 of List I and this Court in Greater Bombay Coop. Bank Ltd. (supra) itself opined that the BR Act, 1949 applies to cooperative banks which is the enactment related to Entry 45 of List I and third proviso to Article 243ZL(1) of the Constitution of India also provides that the BR Act shall also apply. Thus, the Parliament considered it appropriate to provide additional remedy for speedy recovery which is an alternative even if there is an incidental encroachment on the field reserved for the State under Entry 32 of
129 List II, as in pith and substance, the 'banking' is part of Entry 45 of List I and recovery procedure is covered within the ken of Entry 45 of List I. Thus, considering the Doctrine of Pith and Substance and incorporation by amendment made, we are of the considered opinion that cooperative banks are included in the definition of 'bank' and 'banking company' under Section 2(1)(c) and 2(1)(d) of the SARFAESI Act. 79. In Greater Bombay Coop. Bank Ltd. (supra) concerning the BR Act, 1949, it was held: “ 39. Chapter V of the BR Act was inserted by Act 23 of 1965 w.e.f. 131966. Section 56 of the Act provides that the provisions of this Act, as in force for the time being, shall apply to, or in relation to, banking companies subject to the following modifications, namely: “56. ( a ) throughout this Act, unless the context otherwise, requires,— (i) references to a ‘banking company’ or ‘the company’ or ‘such company’ shall be construed as references to a cooperative bank; (ii) * * *” The purpose and object of modifications were to regulate the functioning of the cooperative banks in the matter of their business in banking. The provisions of Section 56 itself start with the usual phrase “unless the context otherwise requires” is to make the regulatory machinery provided by the BR Act to apply to cooperative banks also. The object was not to define a cooperative bank to mean a banking company, in terms of Section 5( c ) of the BR Act. This is apparent from the fact that instead of amending the original clause ( c ) of Section 5 separate clause ( cci ) was added to cover the “cooperative bank” to mean “a State cooperative bank, a Central cooperative bank and a primary cooperative bank”. In clause ( ccv ) “primary
130 cooperative bank” means “a cooperative society, other than a primary agricultural credit society”. The primary object or principal business of the “cooperative bank” should be the transaction of banking business. 40. The modifications given in clause ( a ) of Section 56 are apparently suitable to make the regulatory machinery provided by the BR Act to apply to cooperative banks also in the process of bringing the cooperative banks under the discipline of Reserve Bank of India and other authorities. A cooperative bank shall be construed as a banking company in terms of Section 56 of the Act. This is because the various provisions for regulating the banking companies were to be made applicable to cooperative banks also. Accordingly, Section 56 brought cooperative banks within the machinery of the BR Act but did not amend or expand the meaning of “banking company” under Section 5( c ). On a plain reading of every clause of Section 56 of the BR Act, it becomes clear that what is contained therein is only for the purpose of application of provisions that regulate banking companies to cooperative societies. According to the expression “cooperative societies” used in Section 56 means a “cooperative society”, the primary object or principal business of which is the transaction of banking business. In other words, first it is a cooperative society, but carrying on banking business having the specified paidup share capital. Other definitions also make it clear that the entities are basically cooperative societies.” (a) Concerning the SARFAESI Act, following observations were made: “ 41. Parliament had enacted the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (“the Securitisation Act”) which shall be deemed to have come into force on 2162002. In Section 2( d ) of the Securitisation Act same meaning is given to the words “banking company” as is assigned to it in clause ( e ) of Section 5 of the BR Act. Again the definition of “banking company” was lifted from the BR Act but while defining “bank”, Parliament gave five meanings to it
131 under Section 2( c ) and one of which is “banking company”. The Central Government is authorised by Section 2( c )( v ) of the Act to specify any other bank for the purpose of the Act. In exercise of this power, the Central Government by notification dated 281 2003, has specified “cooperative bank” as defined in Section 5( cci ) of the BR Act as a “bank” by lifting the definition of “cooperative bank” and “primary cooperative bank” respectively from Section 56, clauses 5( cci ) and ( ccv ) of Part V. Parliament has thus consistently made the meaning of “banking company” clear beyond doubt to mean “a company engaged in banking, and not a cooperative society engaged in banking” and in Act 23 of 1965, while amending the BR Act, it did not change the definition in Section 5( c ) or even in Section 5( d ) to include cooperative banks; on the other hand, it added a separate definition of “cooperative bank” in Section 5( cci ) and “primary cooperative bank” in Section 5( ccv ) of Section 56 of Part V of the BR Act. Parliament while enacting the Securitisation Act created a residuary power in Section 2( c )( v ) to specify any other bank as a bank for the purpose of that Act and in fact did specify “cooperative banks” by notification dated 2812003. 42. The context of the interpretation clause plainly excludes the effect of a reference to banking company being construed as reference to a cooperative bank for three reasons: firstly, Section 5 is an interpretation clause; secondly, substitution of “cooperative bank” for “banking company” in the definition in Section 5( c ) would result in an absurdity because then Section 5( c ) would read thus: “cooperative bank” means any company, which transacts the business of banking in India; thirdly, Section 56( c ) does define “cooperative bank” separately by expressly deleting/inserting clause ( cci ) in Section 5. Parliament in its wisdom had not altered or modified the definition of “banking company” in Section 5( c ) of the BR Act by Act 23 of 1965. 43. As noticed above, “cooperative bank” was separately defined by the newly inserted clause ( cci ) and “primary cooperative bank” was similarly separately defined by clause ( ccv ). The meaning of “banking company” must, therefore, necessarily be
132 strictly confined to the words used in Section 5( c ) of the BR Act. If the intention of Parliament was to define the “cooperative bank” as “banking company”, it would have been the easiest way for Parliament to say that “banking company” shall mean “banking company” as defined in Section 5( c ) and shall include “cooperative bank” and “primary cooperative bank” as inserted in clauses ( cci ) and ( ccv ) in Section 5 of Act 23 of 1965.” (b) Concerning incorporation by reference to Section 56 (a) of the BR Act, 1949, it was opined: “ 70. The dues of cooperatives and recovery proceedings in connection therewith are covered by specific Acts, such as the MCS Act, 1960 and the APCS Act, 1964, which are comprehensive and self contained legislations. Similarly, for multiState cooperatives there is a specific enactment in the form of the MSCS Act, 2002 comprehensively providing the legal framework in respect to issues pertaining to such cooperatives. Therefore, when there is an admittedly existing legal framework specifically dealing with issues pertaining to cooperatives and especially when the cooperative banks are, in any case, not covered by the provisions of the RDB Act specifically, there is no justification of covering the cooperative banks under the provisions of the RDB Act by invoking the doctrine of incorporation .” (c) Regarding the definition of ‘banking company’ in the BR Act, 1949, it was observed: “ 73. The RDB Act was passed in 1993 when Parliament had before it the provisions of the BR Act as amended by Act 23 of 1965 by addition of some more clauses in Section 56 of the Act. Parliament was fully aware that the provisions of the BR Act apply to cooperative societies as they apply to banking companies. Parliament was also aware that the definition of “banking company” in Section 5( c ) had not been altered by Act 23 of 1965 and it was kept intact, and in fact additional definitions were
133 added by Section 56( c ). “Cooperative bank” was separately defined by the newly inserted clause ( cci ) and “primary cooperative bank” was similarly separately defined by clause ( ccv ). Parliament was simply assigning a meaning to words; it was not incorporating or even referring to the substantive provisions of the BR Act. The meaning of “banking company” must, therefore, necessarily be strictly confined to the words used in Section 5( c ) of the BR Act. It would have been the easiest thing for Parliament to say that “banking company” shall mean “banking company” as defined in Section 5( c ) and shall include “cooperative bank” as defined in Section 5 ( cci ) and “primary cooperative bank” as defined in Section 5( ccv ). However, Parliament did not do so. There was thus a conscious exclusion and deliberate omission of cooperative banks from the purview of the RDB Act. The reason for excluding cooperative banks seems to be that cooperative banks have comprehensive, self contained and less expensive remedies available to them under the State Cooperative Societies Acts of the States concerned, while other banks and financial institutions did not have such speedy remedies and they had to file suits in civil courts. 80. As already pointed out, the RDB Act is consistent with the general banks and their creditors/loanees while the MCS Act, 1960, the APCS Act, 1964 and the MSCS Act, 2002 are concerned with the regulation of societies only. The language of the sections in these enactments defining “banking company” is plain, clear and explicit. It does not admit any doubtful interpretation as the intention of the legislature is clear as aforesaid. It is well settled that the language of the statutes is to be properly understood. The usual presumption is that the legislature does not waste its words and it does not commit a mistake. It is presumed to know the law, judicial decisions and general principles of law. The elementary rule of interpretation of the statute is that the words used in the section must be given their plain grammatical meaning. Therefore, we cannot afford to add any words to read something into the section, which the legislature had not intended.
134 81. Finally, it could not be said that amendments in Chapter V, Section 56 of the BR Act by Act 23 of 1965 inserting “cooperative bank” in clause ( cci ) and “primary cooperative bank” in clause ( ccv ) either expressly or by necessary intendment ( sic make the RDB Act) apply to the cooperative banks transacting business of banking.” (d) The questions were answered thus: “ 97. For the reasons stated above and adopting pervasive and meaningful interpretation of the provisions of the relevant statutes and Entries 43, 44 and 45 of List I and Entry 32 of List II of the Seventh Schedule of the Constitution, we answer the reference as under: “Cooperative banks” established under the Maharashtra Cooperative Societies Act, 1960 (the MCS Act, 1960), the Andhra Pradesh Cooperative Societies Act, 1964 (the APCS Act, 1964), and the MultiState Cooperative Societies Act, 2002 (the MSCS Act, 2002) transacting the business of banking, do not fall within the meaning of “banking company” as defined in Section 5( c ) of the Banking Regulation Act, 1949 (the BR Act). Therefore, the provisions of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (the RDB Act) by invoking the doctrine of incorporation are not applicable to the recovery of dues by the cooperatives from their members.” No doubt about it that certain observations made in the aforesaid decision support the case set up by the appellants. 80. Before we deal with the decision, in Greater Bombay Coop. Bank Ltd. (supra), it was noted that 'cooperative bank' was defined in Section 56(cci) of the BR Act, 1949; thus, the object was not to define cooperative bank to mean banking company; that is why the original Section 5(c) was not amended. Another ground employed concerning the definition of the 'cooperative bank' was that the modifications
135 made by way of Section 56 were apparently suitable to make the regulatory machinery provided by the BR Act, 1949, to apply to co operative banks also. It was opined that a cooperative bank to be construed as a banking company in terms of Section 56 of the BR Act, 1949, because various provisions were made applicable to cooperative banks also. At the same time, it was held that Section 56 brought co operative banks within the machinery of the BR Act, 1949, but it did not amend or expand the meaning of 'banking company' under Section 5(c). It was further observed that the entities doing banking are basically cooperative societies. Regarding the SARFAESI Act, it was observed in paragraph 41 of the decision quoted above that meaning of 'banking company' is a company engaged in banking and not a 'co operative society' engaged in banking. The Parliament did not alter or modify the meaning of 'banking company' under Section 5(c) of the BR Act, 1949 by Act No.23 of 1965. The meaning of 'banking company' has to be confined to the words used in Section 5(c) of the BR Act, 1949. It was emphasised that there was already a procedure prescribed for recovery of dues by banks under the Cooperative Societies Act. The RDB Act, 1993, refers to the transfer of 'every suit or other proceeding pending before any court.' The word 'court' in the context of the RDB Act, 1993, signifies 'civil court.' It is clear that the Registrar or an officer designated by him or an arbitrator under Sections 61, 62, 70, and 71 of the Andhra Pradesh Cooperative
136 Societies Act, 1964 and under Section 91 and other provisions of Maharashtra Cooperative Societies Act, 1960 are not 'civil courts.' Thus, it was opined that the RDB Act, 1993 is consistent with the general banks and their creditors/loaners where the Maharashtra Co operative Societies Act, 1960; the Andhra Pradesh Cooperative Societies Act, 1964 and the MSCS Act are concerned with the regulation of cooperative societies only. Due to the amendments in Chapter V of the BR Act, 1949 inserting 'cooperative bank' in clause (cci) to Section 56 and 'primary cooperative bank' in clause (ccv) to Section 56 it could not be said that RDB Act, 1993 applies to the co operative banks transacting the business of banking. 81. In Greater Bombay Coop. Bank Ltd. (supra), the provisions of the BR Act, 1949 were simply noted; there was no indepth consideration of the various provisions and, more particularly of those contained in Section 56 of the Act. The main issue was whether the court had jurisdiction or Debts Recovery Tribunal to recover the amount from the debtor. In that connection, the question of application of RDB Act, 1993 to the cooperative societies constituted under MSCS Act as well as State Cooperative Acts arose and also whether the State legislature was competent to enact legislation concerning cooperative societies incidentally transacting the business of banking in the light of Entry 32 of List II. T he findings were recorded on various aspects with which we are unable to agree. The discussion on various issues was not in
137 depth, could not be said to be binding. We have dealt with the various questions with the help of various decisions of this Court, and we find ourselves unable to agree with the conclusions recorded therein. The cooperative banks are doing the banking business, it could not be said to be an incidental activity but main and only activity. We are unable to subscribe to the view taken in Greater Bombay Coop. Bank Ltd. (supra) as the provisions were not correctly appreciated. 82. The reason is given in Greater Bombay Coop. Bank Ltd. (supra) that comprehensive machinery is provided in the State Act, could not have come in the way of Parliament enacting a law as to recovery within the purview of 'banking' in Entry 45 of List I as the same is its essential part. Even incidental trenching upon other fields cannot invalidate legislation. Equally futile is the argument that the Parliament did not amend Section 5(c) of the BR Act, 1949; in fact, the Parliament did so under Section 56(a) concerning its application to co operative banks. A large number of provisions added in Chapter V by way of amending Section 56 cannot be ignored and set at naught. The extensive amendments made in Part V of the BR Act, 1949, have to be given full effect. In case cooperative banks are kept outside the purview of the BR Act, 1949, and other legislation under Entry 45 and RBI Act, no licence can be granted, and they cannot do banking as that is not permissible without compliance of various provisions as provided in the BR Act, 1949. They would have to close down and
138 stop the business forthwith. 83. The cooperative banks, which are governed by the BR Act, 1949, are involved in banking activities within the meaning of Section 5(b) thereof. They accept money from the public, repayable on demand or otherwise and withdrawal by cheque, draft, order or otherwise. Merely by the fact that lending of money is limited to members, they cannot be said to be out of the purview of banking. They perform commercial functions. A society shall receive deposits and loans from members and other persons. They give loans also, and it is their primary function. Thus, they are covered under 'banking' in Entry 45 of List I. IN REFERENCE QUESTION NOS. 3(a) AND 3(b) 84. Learned Counsel appearing on behalf of appellants argued that securitisation is not a banking business. The SARFAESI Act is to regulate securitisation and reconstruction of financial assets. Emphasis was laid on the financial assets and financial assistance. The definition of 'debt' in Section 2(1)(ha) of the SARFAESI Act is the same as defined in Section 2(g) of the RDB Act, 1993, the 'debt' is defined as any liability which is claimed as due during any business activity undertaken by the bank or the financial institution. In our opinion, the submission ignores and overlooks the purpose of the SARFAESI Act, i.e., enforcement of security interest, and that is
139 precisely sought to be achieved by Section 13 without the intervention of the court. Since the activity of a cooperative bank is banking regulated by the law enacted within the relatable Entry 45 of List I, we find no reason as to why the Parliament lacked the competence to enact the SARFAESI Act and to provide a procedure for the speedy recovery of dues. The SARFAESI Act also covers the activities undertaken by the cooperative banks. The cooperative banks are doing banking business under Section 5(b) of the BR Act, 1949, and the exclusion of the cooperative societies from Entry 43 of List I, does not have any bearing regarding the interpretation of Entry 45 of List I. 85. Even assuming for the time being that definition of 'bank' in Section 5(c) of the BR Act, 1949 did not cover the cooperative banks; the expression 'bank' has been defined in the SARFAESI Act under Section 2(1)(c), and the provisions contained in Section 2(1)(c)(v) authorises the Central Government to specify 'such other bank' for that Act. Thus, the notification issued on 28.1.2003 notifying 'co operative bank' as the 'bank' is covered by Entry 45 of List I as they are regulated by the BR Act, 1949, and the RBI Act. For the 'banking' activity under Entry 45 of List I, the Parliament had the power to enact such a provision defining 'bank' to authorise and prescribe the recovery procedure for such a bank as provided in Section 13 of the SARFAESI Act; However, we are of the view that cooperative societies/banks stand included by incorporation in Section 5(1)(c) of
140 the BR Act and the notification was issued ex abundanti cautela . By virtue of Section 56(a), cooperative banks, as defined in Section 56(cci) of the BR Act, 1949, are included in Section 5(1)(c). Similarly, multiState cooperative banks were also covered. 86. The earlier procedure for recovery of dues was differently provided for general banks and the cooperative banks through the Civil Court or Tribunal. In the SARFAESI Act, a procedure has been prescribed under Section 13 without the intervention of the court/tribunal to keep pace with the time. Thus, the malady of inordinate delay with which the order of civil court suffered as well as of the cooperative tribunals or summary procedure under the Co operative Societies Act, was sought to be redressed. Apart from that, it is permissible for the Parliament to enact the law to provide recovery procedures for bank dues that have been done by providing speedy recovery of secured interest without intervention of the court/tribunal. 87. In Soma Suresh Kumar v. Government of Andhra Pradesh and Ors. 56 , it was observed that there were several occasions when the laws enacted by the State as well as by the banking regulation carved out by Central Government acted in their field. This Court considered the Andhra Pradesh Protection of Depositors of Financial Establishments Act, 1999, and the effects of the BR Act, 1949. It was held that ambit 56
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141 of respective Acts and field covered is required to be considered and it was permissible for the State legislature also to enact the provisions notwithstanding the BR Act, 1949 with respect to the matters which were not covered by the said Act to protect the interest of the investors. It was held that Andhra Pradesh Protection of Depositors of Financial Establishments Act, 1999, did not create any repugnancy to any Central law. It was observed: “ 6. Further, it is also pointed out that the Banking Regulations Act, enacted by the Central Government, to regulate the operation of banking companies or organisations, enables RBI to give licence to banking companies to carry out the functions of the Bank. It was pointed out that it covered different areas which are not common to the area covered by the Andhra Act. Further, it was pointed out that both the Acts have applicability to different aspects of refund to the depositors. The Banking Regulations Act, it is pointed out, was enacted to regulate the functioning of the banking companies, including Vasavi Cooperative Urban Bank Ltd. and that the petitioners have approached this Court challenging the validity of the Act so as to wriggle out of the clutches of law.” 88. In K.K. Baskaran v. State Represented by its Secretary, Tamil Nadu, and Ors. 57 , the question arose concerning T.N. Protection of Interests of Depositors (in Financial establishments) Act, 1997. The said Act provided for a remedy to evils caused by fraudulent activities of financial establishments for which no redressal mechanism was provided in Central enactments. It was held that T.N. Protection of Interests of Depositors (in Financial establishments) Act, 1997, did not 57
(2011) 3 SCC 793
142 entrench the field occupied by Section 58A of Companies Act, 1956 as the object of the 1997 Act was completely different. The Doctrine of Pith and Substance and its effect on the overlapping of fields occupied by Central and State Lists was considered. The relevant discussion is extracted hereunder: “ 18. It often happens that a legislation overlaps both List I as well as List II of the Seventh Schedule. In such circumstances, the doctrine of pith and substance is applied. We are of the opinion that in pith and substance the impugned State Act is referable to Entries 1, 30 and 31 of List II of the Seventh Schedule and not Entries 43, 44 and 45 of List I of the Seventh Schedule. 19. It is well settled that incidental trenching in exercise of ancillary powers into a forbidden legislative territory is permissible vide the Constitution Bench decision of this Court in State of W.B. v. Kesoram Industries Ltd. , (2004) 10 SCC 201 [vide SCC paras 31(4), (5) & (6) and 129(5)]. Sharp and distinct lines of demarcation are not always possible and it is often impossible to prevent a certain amount of overlapping vide ITC Ltd. v. State of Karnataka , 1985 Supp SCC 476 (SCC para 17). We have to look at the legislation as a whole and there is a presumption that the legislature does not exceed its constitutional limits. 21. The doctrine of pith and substance means that an enactment which substantially falls within the powers expressly conferred by the Constitution upon a legislature which enacted it cannot be held to be invalid merely because it incidentally encroaches on matters assigned to another legislature. The Court must consider what constitutes in pith and substance the true subject matter of the legislation. If on such examination it is found that the legislation is in substance one on a matter assigned to the legislature then it must be held to be valid even though it incidentally trenches on matters beyond its legislative competence, vide
143 Union of India v. Shah Goverdhan L. Kabra Teachers’ College , (2002) 8 SCC 228 (SCC para 7). 22. For applying the doctrine of pith and substance regard is to be had to the enactment as a whole, its main objects and the scope and effect of its provisions vide Special Reference No. 1 of 2001, In re , (2004) 4 SCC 489 (SCC para 15). For this purpose the language of the entries in the Seventh Schedule should be given the widest scope of which the meaning is fairly capable, vide State of W.B. v. Kesoram Industries Ltd ., (2004) 10 SCC 201, [SCC para 31(4)], Union of India v. Shah Goverdhan L. Kabra Teachers’ College, (2002) 8 SCC 228 (SCC para 6) and ITC Ltd. v. State of Karnataka, 1985 Supp SCC 476 (SCC para 17).” 89. In M/s. Ujagar Prints and Ors. (II) v. Union of India and Ors. 58 , it was laid down that entries in the State legislature should be liberally construed and the Doctrine of Pith and Substance was considered thus: “ 48. Entries to the legislative lists, it must be recalled, are not sources of the legislative power but are merely topics or fields of legislation and must receive a liberal construction inspired by a broad and generous spirit and not in a narrow pedantic sense. The expression “with respect to” in Article 246 brings in the doctrine of “Pith and Substance” in the understanding of the exertion of the legislative power and wherever the question of legislative competence is raised the test is whether the legislation, looked at as a whole, is substantially “with respect to” the particular topic of legislation. If the legislation has a substantial and not merely a remote connection with the entry, the matter may well be taken to be legislation on the topic.” 90. In Keshavlal Khemchand and Sons Private Limited and Ors. v. 58
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144 Union of India and Ors. 59 , the object of the SARFAESI Act was explained thus: “ 30. The person advancing the money is generally called a creditor and the person receiving the money is generally called a borrower. The most simple form of a loan transaction is a contract by which the borrower agrees to repay the amount borrowed on demand by the creditor with such interest as stipulated under the agreement. Such a loan transaction may be attended by any arrangement of a security like a mortgage or pledge, etc. depending upon the agreement of the parties. 31. The Act provides for a mode of speedy recovery of the monies due from the borrowers to one class of creditors who are banks and financial institutions (creditors). Advances/Loans made by creditors to businessmen and industrialists are generally not repayable on demand but repayable in accordance with a fixed time schedule agreed upon by the parties known as “term loans”: “ Term loans .—A loan may be made for a specified period (a term loan). In such a case repayment is due at the end of the specified period and, in the absence of any express provision or implication to the contrary, no further demand for repayment is necessary.” — Chitty on Contracts , Vol. II, 30th Edn., p. 913. In other words, such loans are repayable in instalments over a period of time the terms of which are evidenced by a written agreement between the parties. A default in the repayment (in terms of the agreed schedule) generally provides a cause of action for the creditor to initiate legal proceedings for the recovery of the entire amount due and outstanding from the borrower. Normally such term loans are also accompanied by some “security interest” in a “secured asset” of the borrower. Such a recovery is to be made normally by instituting a suit for recovery of the amounts by enforcing the “security interest”. The Recovery of Debts Due to Banks and Financial Institutions Act, 1993 created an exclusive forum for a speedy ascertainment of the amounts actually due from the defaulting 59
(2015) 4 SCC 770
145 borrower and also provided for a mechanism for speedy recovery of the amounts so ascertained from such borrowers. 32. Since such a system was also found to be inadequate for the speedy recovery of the monies due from the borrowers to the creditors, Parliament made the Act under which the process of ascertainment of the amounts due from a borrower by an independent adjudicatory body is dispensed with. The secured creditor is made the sole judge of the amount due and outstanding from a borrower subject to an appeal under Section 17 of the Act. Be that as it may, such an ascertainment of amount due and outstanding is not the only criterion on the basis of which the secured creditor is entitled to initiate proceedings under Section 13(4) of the Act, but the secured creditor is also required to classify the account of the borrower (asset of the creditor) as an NPA. Dehors the Act, when the borrower of a term loan defaults in the repayment, the creditor can initiate legal proceeding straightaway for recovery of the amounts due and outstanding from the borrower. The Act places an additional legal obligation on the creditor to examine and decide whether the account of the borrower has become an NPA before initiating action under the Act.” 91. The Bombay High Court in The Majoor Sahakari Bank Ltd. (supra) considered the question whether cooperative society carrying on the banking business, considering its activity, could be termed as industry to which Bombay Industrial Disputes Act would apply. Though cooperative society was doing the business of banking, it was submitted that nonetheless, it was a cooperative society to which the provisions of the Bombay Industrial Disputes Act could not apply. Considering the activity and definition of the 'company' as defined in Halsbury's Laws of England as an association of a number of
146 individuals formed with a common purpose. The High Court opined that in the wide and proper legal sense, the petitioners were a company although they may choose to call themselves a society or even if CoOperative Societies Act requires that they should call themselves a society. However, in the eye of the law, they are a company when they were doing the business of banking. Though registered as a cooperative society, the provisions of industrial law were held to be applicable. The High Court also observed that there was no special charm or magic in a company registered under the Companies Act or the Cooperative Societies Act as far as the result of registration is concerned. The High Court observed: “(4) Now turning to the language of the notification what is urged by Mr. Parpia is that the notification only contemplates the Indian Companies Act and Acts similar to that Act. In our opinion, there is no reason why such a limited interpretation should be put upon the general words used in the notification. If the intention of the State Government was, that the notification should only apply to the companies registered under the Indian Companies Act or Acts corresponding to Indian Companies Act nothing was easier than for the Government to have stated so. If the intention was to exclude the banking companies registered under the Cooperative Societies Act that also could have been set out in the notification itself. Neither counsel has been able to draw our attention to any Indian Legislation under which an association doing banking business can be registered other than the Indian Companies Act and the Cooperative Societies Act. Therefore, nothing was simpler or easier than for the State Government to have stated "doing business of Banking Companies registered under enactments other than the Cooperative Societies Act". When a Court is called upon to interpret a notification which is capable of more than one meaning it is not amiss to consider the reason and principle underlying the
147 notification. There is no reason or principle why a cooperative society doing banking business should be put on a different footing with regard to industrial law from other companies doing identical business. There is no reason why a cooperative banking society should treat its employees otherwise than as laid down under the industrial law. If we were satisfied that there was some reason or principle which would lead us to put upon this notification the interpretation which Mr. Parpia suggests we might have put such an interpretation on the notification, but all the considerations are in favour of the interpretation suggested by Mr. Rane. There is nothing in the notification which prevents us from giving the interpretation which we have ultimately decided to give to this notification. Therefore, we are of the opinion that the petitioners are doing business of Banking and are registered under an enactment relating to companies, which is the Cooperative Societies Act. The learned Judge was right in taking the view that he had jurisdiction to deal with the matter. The petition fails and is dismissed with costs.” 92. In Jayant Verma and Ors. v. Union of India and Ors. 60 , the question arose concerning the applicability of Section 21A of the B.R. Act, 1949. In that context, the provisions of the B.R. Act, 1949, were considered and it was held that enactment to be relatable to Entry 45 of List I and has to be given a wide meaning. It was observed: “ 16. There can be no doubt that the Banking Regulation Act deals with the subject “banking” insofar as it licenses banking companies, as defined, and cooperative banks, and seeks to regulate them. Section 21A, though by way of amendment, is undoubtedly an integral part of the aforesaid Act relating to the interdict on the reopening of loan transactions between a banking company and its debtor, on the ground that the rate of interest charged is excessive. There can be no doubt that a law relating to indebtedness of a debtor to a banking company and the interdict against a court reopening 60
(2018) 4 SCC 743
148 any such transaction, on the ground that interest charged by the banking company is excessive, would relate to the business of banking. We must not forget that the entries in the Lists to the Seventh Schedule have to be read in the widest possible manner, and we have seen from the judgments quoted by us above that the expression “banking” contained in List I Entry 45 is to be given a wide meaning. There can be no doubt that the statute as a whole and the aforesaid section does fall within List I Entry 45.” (emphasis supplied) 93. In Federation of Hotel & Restaurant Association of India, etc. v. Union of India and Ors. 61 , the question of overlapping of the law was considered with respect to a subject which might incidentally affect another subject in some way or the other and held that that is not the same thing as the law being on the latter subject. The same transaction may involve two or more taxable events in its different aspects. 94. In Apex Cooperative Bank of Urban Bank of Maharashtra & Goa Ltd. (supra) the question arose concerning licensing of cooperative societies by the Reserve Bank of India to carry on banking business under the provisions of the BR Act, 1949. It was held that co operative banks, which are not State cooperative banks or Central co operative banks or primary cooperative banks as defined in Section 56(cci) of B.R. Act, 1949, were not eligible for licensing. The grant of licence by Reserve Bank of India to cooperative banks, which were 61
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149 not registered under the MultiState Cooperative Societies Act, 1984, was not justified. The powers of Reserve Bank of India under the MultiState Cooperative Societies Act were exercisable only for co operative banks, not to any other cooperative societies not doing business of banking. It was opined: “ 25. Another aspect which must be noticed is that in the Constitution of India, the subject pertaining to cooperative societies is in the State List i.e. Entry 32 of List II of Schedule VII. The Union List has Entry 44 of List I of Schedule VII which deals with corporations. In this case we are not concerned with the validity of a Central legislation and thus do not deal with that aspect. For purpose of the judgment we will take it that a cooperative society with objects not confined to one State would fall within the term corporation, and thus a Central legislation may be saved. However, from the constitutional provisions it is clear that matters pertaining to co operative societies are in the State List. Thus many States have enacted laws relating to cooperative societies. We have not seen other Acts. However, as this case concerns a society in Maharashtra, the Maharashtra Cooperative Societies Act was shown to us. Significantly, this law does not define a co operative society. It did not need to, as a society registered under it would be automatically covered. The need to define a cooperative society arises only in a Central legislation which does not cover all co operative societies and thus needs to indicate to which society it applies." 95. In Bharat Coop. Bank (Mumbai) Ltd. v. Coop. Bank Employees Union 62 , the question arose concerning the Industrial Disputes Act, 1947 and the B.R. Act, 1949. There was a reference in Section 2(bb) of Industrial Disputes Act, 1947, to the definition of 'banking company' as defined in Section 5 of the B.R. Act, 1949. It was held 62
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150 that same was instance of legislation by incorporation and not legislation by reference. It was further opined that amendment to BR Act, 1949 after Section 5 was incorporated in Section 2(bb), would not have any effect on the expression 'banking company'. This Court further held that the I.D. Act was a complete and selfcontained code in itself, and its working was not dependent on the BR Act, 1949. 96. In Reserve Bank of India v. M. Hanumaiah and Ors. 63 , the question arose of supersession of the Committee of the management of Cooperative Bank. There was a written requisition from the Reserve Bank of India to the Registrar, Cooperative Societies, to supersede the management under Section 30(5) of the Karnataka Cooperative Societies Act, 1959. It was held that principles of natural justice were not applicable, and the Committee of the management had no right of hearing. Thus, there are various instances where the Central legislation has controlled cooperative societies' aspects relating to banking. 97. In State of Gujarat and Anr. v. Shri Ambica Mills Ltd., Ahmedabad, and Anr. 64 , the definition clause in a provision when it is under inclusion and overinclusive was considered, thus: “ 54 . A reasonable classification is one which includes all who are similarly situated and none who are not. The question then is: what does the 63
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(1974) 4 SCC 656
151 phrase “similarly situated” mean? The answer to the question is that we must look beyond the classification to the purpose of the law. A reasonable classification is one which includes all persons who are similarly situated with respect to the purpose of the law. The purpose of a law may be either the elimination of a public mischief or the achievement of some positive public good. 55 . A classification is underinclusive when all who are included in the class are tainted with the mischief but there are others also tainted whom the classification does not include. In other words, a classification is bad as underinclusive when a State benefits or burdens persons in a manner that furthers a legitimate purpose but does not confer the same benefit or place the same burden on others who are similarly situated. A classification is overinclusive when it includes not only those who are similarly situated with respect to the purpose but others who are not so situated as well. In other words, this type of classification imposes a burden upon a wider range of individuals than are included in the class of those attended with mischief at which the law aims. Herod ordering the death of all male children born on a particular day because one of them would some day bring about his downfall employed such a classification.” 98. In Girnar Traders (3) v. State of Maharashtra and Ors. 65 , the question of incorporation by reference and Doctrine of Pith and Substance were considered thus: “ 87. However, since this aspect was argued by the learned counsel appearing for the parties at great length, we will proceed to discuss the merit or otherwise of this contention without prejudice to the above findings and as an alternative plea. These principles have been applied by the courts for a considerable period now. When there is general reference in the Act in question to some earlier Act but there is no specific mention of the provisions of the former Act, then it is clearly considered as legislation by reference. In the case of legislation by 65
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152 reference, the amending laws of the former Act would normally become applicable to the later Act; but, when the provisions of an Act are specifically referred and incorporated in the later statute, then those provisions alone are applicable and the amending provisions of the former Act would not become part of the later Act. This principle is generally called legislation by incorporation. General reference, ordinarily, will imply exclusion of specific reference and this is precisely the fine line of distinction between these two doctrines. Both are referential legislations, one merely by way of reference and the other by incorporation. It, normally, will depend on the language used in the later law and other relevant considerations. While the principle of legislation by incorporation has well defined exceptions, the law enunciated as of now provides for no exceptions to the principle of legislation by reference. Furthermore, despite strict application of doctrine of incorporation, it may still not operate in certain legislations and such legislation may fall within one of the stated exceptions. 88. In this regard, the judgment of this Court in M.V. Narasimhan , (1975) 2 SCC 377, can be usefully noticed where the Court after analysing various judgments, summed up the exceptions to this rule as follows: (SCC p. 385, para 15) “( a ) where the subsequent Act and the previous Act are supplemental to each other; ( b ) where the two Acts are in pari materia; ( c ) where the amendment in the previous Act, if not imported into the subsequent Act also, would render the subsequent Act wholly unworkable and ineffectual; and ( d ) where the amendment of the previous Act, either expressly or by necessary intendment, applies the said provisions to the subsequent Act.” 148. Having perused and analysed the various judgments cited at the Bar we are of the considered view that this rule is bound to have exceptions and it cannot be stated as an absolute proposition of law that wherever legislation by reference exists, subsequent amendments to the earlier law shall stand implanted into the later law without analysing
153 the impact of such incorporation on the object and effectuality of the later law. The later law being the principal law, its object, legislative intent and effective implementation shall always be of paramount consideration while determining the compatibility of the amended prior law with the later law as on relevant date. 173. The doctrine of pith and substance can be applied to examine the validity or otherwise of a legislation for want of legislative competence as well as where two legislations are embodied together for achieving the purpose of the principal Act. Keeping in view that we are construing a federal Constitution, distribution of legislative powers between the Centre and the State is of great significance. Serious attempt was made to convince the Court that the doctrine of pith and substance has a very restricted application and it applies only to the cases where the court is called upon to examine the enactment to be ultra vires on account of legislative incompetence. 174. We are unable to persuade ourselves to accept this proposition. The doctrine of pith and substance finds its origin from the principle that it is necessary to examine the true nature and character of the legislation to know whether it falls in a forbidden sphere. This doctrine was first applied in India in Prafulla Kumar Mukherjee v. Bank of Commerce Ltd., (194647) 74 IA 23 : AIR 1947 PC 60. The principle has been applied to the cases of alleged repugnancy and we see no reason why its application cannot be extended even to the cases of present kind which ultimately relates to statutory interpretation founded on source of legislation.” 99. We find that 'banking' relating to cooperatives can be included within the purview of Entry 45 of List I, and it cannot be said to be over inclusion to cover provisions of recovery by cooperative banks in the SARFAESI Act. It cannot be said to be overinclusion on the anvil of the principles laid down by this Court.
154 100. Learned Counsel on behalf of appellants argued that notification dated 28.1.2003 is ultra vires and beyond the purview of the parent statute, i.e. , the SARFAESI Act. The amendment is colourable legislation, and it encroaches upon a field outside its scope and is also an indirect method of achieving the result of bringing 'cooperative banks' within the purview of the SARFAESI Act and RDB Act, 1993 and is an attempt to regulate entities expressly excluded by Entry 43 of List I. Reliance has been placed on K.C. Gajapati Narayan Deo (supra), in which it was held: “(9) It may be made clear at the outset that the doctrine of colourable legislation does not involve any question of ‘bona fides’ or ‘mala fides’ on the part of the legislature. The whole doctrine resolves itself into the question of competency of a particular legislature to enact a particular law. If the legislature is competent to pass a particular law, the motives which impelled it to act are really irrelevant. On the other hand, if the legislature lacks competency, the question of motive does not arise at all. Whether a statute is constitutional or not is thus always a question of power Vide Cooley’s Constitutional Limitations, Vol. 1, p.379. A distinction, however, exists between a legislature which is legally omnipotent like the British Parliament and the laws promulgated by which could not be challenged on the ground of incompetence, and a legislature which enjoys only a limited or a qualified jurisdiction. If the Constitution of a State distributes the legislative powers amongst different bodies, which have to act within their respective spheres marked out by specific legislative entries, or if there are limitations on the legislative authority in the shape of fundamental rights, questions do arise as to whether the legislature in a particular case has or has not, in respect to the subjectmatter of the
155 statute or in the method of enacting it, transgressed the limits of its constitutional powers. Such transgression may be patent, manifest or direct, but it may also be disguised, covert and indirect and it is to this latter class of cases that the expression “colourable legislation” has been applied in certain judicial pronouncements. The idea conveyed by the expression is that although apparently a legislature in passing a statute purported to act within the limits of its powers, yet in substance and in reality it transgressed these powers, the transgression being veiled by what appears, on proper examination, to be a mere pretence or disguise. As was said by Duff, J. in — ‘ AttorneyGeneral for Ontario v. Reciprocal Insurers’ , 1924 A C 328 at p. 337 (B): “ Where the law making authority is of a limited or qualified character it may be necessary to examine with some strictness the substance of the legislation for the purpose of determining what is that the legislature is really doing.” In other words, it is the substance of the Act that is material and not merely the form or outward appearance, and if the subjectmatter in substance is something which is beyond the powers of that legislature to legislate upon, the form in which the law is clothed would not save it from condemnation. The legislature cannot violate the constitutional prohibitions by employing an indirect method. In cases like these, the enquiry must always be as to the true nature and character of the challenged legislation and it is the result of such investigation and not the form alone that will determine as to whether or not it relates to a subject which is within the power of the legislative authority — ‘Vide 1924 A C 328 p. 337 (B)’. For the purpose of this investigation the court could certainly examine the effect of the legislation and take into consideration its object, purpose or design — ‘Vide Attorney General for Alberta v. AttorneyGeneral for Canada’, 1939 A C 117 at p. 130 (C). But these are only relevant for the purpose of ascertaining the true character and substance of the enactment and the class of subjects of legislation to which it really belongs and not for finding out the motives which induced the legislature to exercise its powers.
156 It is said by Lefroy in his wellknown work on Canadian Constitution that even if the legislature avow on the face of an Act that it intends thereby to legislate in reference to a subject over which it has no jurisdiction, yet if the enacting clauses of the Act bring the legislation within its powers, the Act cannot be considered ‘ultra vires’ See Lefroy on Canadian Constitution page 75.” (emphasis supplied) By applying the aforesaid principle, the provision in question/notification cannot be said to be colourable legislation. 101. In State of Tamil Nadu and Ors. v. K. Shyam Sunder and Ors. 66 , the concept of colourable legislation was considered and it was observed that the doctrine of malafides does not involve any question of bonafide or malafide on the part of the legislature, and the Court is concerned with a limited issue of competence of the particular legislature to enact a particular law. The motive of the legislature while enacting a law is inconsequential. It was observed: “ 37. It has consistently been held by this Court that the doctrine of mala fides does not involve any question of bona fide or mala fide on the part of legislature as in such a case, the Court is concerned to a limited issue of competence of the particular legislature to enact a particular law. If the legislature is competent to pass a particular enactment, the motives which impelled it to an act are really irrelevant. On the other hand, if the legislature lacks competence, the question of motive does not arrive at all. Therefore, whether a statute is constitutional or not is, thus, always a question of power of the legislature to enact that statute. Motive of the legislature while enacting a statute is inconsequential: “Malice or motive is beside the point, and it is not permissible to suggest parliamentary incompetence on the score of mala 66
(2011) 8 SCC 737
157 fides.” The legislature, as a body, cannot be accused of having passed a law for an extraneous purpose. This kind of “transferred malice” is unknown in the field of legislation. (See K.C. Gajapati Narayan Deo v. State of Orissa , AIR 1953 SC 375, STO v. Ajit Mills Ltd., (1977) 4 SCC 98, SCC p. 108, para 16, K. Nagaraj v. State of A.P ., (1985) 1 SCC 523, Welfare Assn., A.R.P. v. Ranjit P. Gohil, (2003) 9 SCC 358 and State of Kerala v. Peoples Union for Civil Liberties , (2009) 8 SCC 46).” We find that the SARFAESI Act qualifies the test of legislative competence, as well as the definition, cannot be said to be colourable piece or overinclusive or beyond the competence of the Parliament. 102. Resultantly, we answer the reference as under: (1)(a) The cooperative banks registered under the State legislation and multiState level cooperative societies registered under the MSCS Act, 2002 with respect to 'banking' are governed by the legislation relatable to Entry 45 of List I of the Seventh Schedule of the Constitution of India. (b) The cooperative banks run by the cooperative societies registered under the State legislation with respect to the aspects of ' incorporation, regulation and winding up ' , in particular, with respect to the matters which are outside the purview of Entry 45 of List I of the Seventh Schedule of the Constitution of India, are governed by the said legislation relatable to Entry 32 of List II of the Seventh Schedule of the Constitution of India.
158 (2) The c ooperative banks involved in the activities related to banking are covered within the meaning of 'Banking Company' defined under Section 5(c) read with Section 56(a) of the Banking Regulation Act, 1949, which is a legislation relatable to Entry 45 of List I. It governs the aspect of 'banking' of cooperative banks run by the cooperative societies. The cooperative banks cannot carry on any activity without compliance of the provisions of the Banking Regulation Act, 1949 and any other legislation applicable to such banks relatable to 'Banking' in Entry 45 of List I and the RBI Act relatable to Entry 38 of List I of the Seventh Schedule of the Constitution of India. (3)(a) The cooperative banks under the State legislation and multiState cooperative banks are ‘banks’ under section 2(1)(c) of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. The recovery is an essential part of banking; as such, the recovery procedure prescribed under section 13 of the SARFAESI Act, a legislation relatable to Entry 45 List I of the Seventh Schedule to the Constitution of India, is applicable. (3)(b) The Parliament has legislative competence under Entry 45 of List I of the Seventh Schedule of the Constitution of India to provide additional procedures for recovery under section 13 of the
159 Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 with respect to co operative banks. The provisions of Section 2(1)(c)(iva), of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, adding “ ex abundanti cautela ”, ‘a multiState cooperative bank’ is not ultra vires as well as the notification dated 28.1.2003 issued with respect to the co operative banks registered under the State legislation. The civil appeals, writ petitions and the pending applications, if any, are disposed of accordingly. No costs. ..............................J. (Arun Mishra) ...............................J. (Indira Banerjee) ...............................J. (Vineet Saran) ...............................J. (M.R. Shah) New Delhi; ...............................J. May 05, 2020. (Aniruddha Bose )
1 ITEM NO.1501 Virtual Court 1 SECTION IX (For Judgment) S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No(s). 5674/2009 PANDURANG GANPATI CHAUGULE Appellant(s) VERSUS VISHWASRAO PATIL MURGUD SAHAKARI BANK LTD. Respondent(s) WITH C.A. No. 5684/2009 (IX) C.A. No. 5682/2009 (IX) C.A. No. 5681/2009 (IX) C.A. No. 10871/2010 (XI-A) C.A. No. 5675/2009 (IX) C.A. NO………@ SLP(C) No. 25930/2009 (IX) C.A. No. 4391/2010 (XI-A) C.A. NO………@ SLP(C) No. 24309/2010 (III) C.A. No. 7410/2010 (III) C.A. NO………@ SLP(C) No. 29859/2010 (III) W.P.(C) No. 318/2010 (X) C.A. NOS………@ SLP(C) No. 7295-7298/2011 (IV-A) W.P.(C) No. 41/2011 (X) W.P.(C) No. 220/2011 (X) W.P.(C) No. 293/2011 (X) W.P.(C) No. 306/2011 (X) C.A. NOS………@ SLP(C) No. 22304-22305/2011 (III) W.P.(C) No. 338/2011 (X) W.P.(C) No. 375/2011 (X)
2 C.A. NOS………@ SLP(C) No. 24479-24480/2011 (III) W.P.(C) No. 122/2012 (X) W.P.(C) No. 199/2012 (X) C.A. NO………@ SLP(C) No. 24276/2012 (IV-A) W.P.(C) No. 250/2012 (X) W.P.(C) No. 291/2012 (X) W.P.(C) No. 386/2012 (X) W.P.(C) No. 487/2012 (X) W.P.(C) No. 537/2012 (X) W.P.(C) No. 554/2012 (X) W.P.(C) No. 36/2013 (X) W.P.(C) No. 146/2013 (X) W.P.(C) No. 138/2013 (X) W.P.(C) No. 179/2013 (X) W.P.(C) No. 192/2013 (X) W.P.(C) No. 191/2013 (X) W.P.(C) No. 112/2013 (X) W.P.(C) No. 111/2013 (X) W.P.(C) No. 151/2013 (X) W.P.(C) No. 175/2013 (X) W.P.(C) No. 181/2013 (X) C.A. NOS………@ SLP(C) No. 15634-15635/2013 (IV-A) C.A. NO………@ SLP(C) No. 12916/2013 (XI-A) W.P.(C) No. 201/2013 (X) W.P.(C) No. 233/2013 (X) W.P.(C) No. 236/2013 (X) W.P.(C) No. 238/2013 (X) W.P.(C) No. 253/2013 (X)
3 W.P.(C) No. 250/2013 (X) W.P.(C) No. 248/2013 (X) W.P.(C) No. 271/2013 (X) W.P.(C) No. 265/2013 (X) W.P.(C) No. 270/2013 (X) C.A. NO………@ SLP(C) No. 17054/2013 (III) C.A. NO………@ SLP(C) No. 18777/2013 (III) C.A. NO………@ SLP(C) No. 18775/2013 (III) W.P.(C) No. 279/2013 (X) W.P.(C) No. 266/2013 (X) W.P.(C) No. 280/2013 (X) W.P.(C) No. 284/2013 (X) W.P.(C) No. 353/2013 (X) W.P.(C) No. 469/2013 (X) W.P.(C) No. 452/2013 (X) W.P.(C) No. 588/2013 (X) C.A. NO………@ SLP(C) No. 29720/2013 (III) C.A. NO………@ SLP(C) No. 29721/2013 (III) W.P.(C) No. 758/2013 (X) W.P.(C) No. 762/2013 (X) W.P.(C) No. 761/2013 (X) W.P.(C) No. 800/2013 (X) W.P.(C) No. 753/2013 (X) W.P.(C) No. 819/2013 (X) C.A. NO………@ SLP(C) No. 35137/2013 (III) W.P.(C) No. 922/2013 (X) W.P.(C) No. 1007/2013 (X) W.P.(C) No. 5/2014 (X)
4 W.P.(C) No. 10/2014 (X) W.P.(C) No. 1037/2013 (X) W.P.(C) No. 1044/2013 (X) W.P.(C) No. 1043/2013 (X) W.P.(C) No. 1045/2013 (X) W.P.(C) No. 40/2014 (X) W.P.(C) No. 142/2014 (X) W.P.(C) No. 169/2014 (X) W.P.(C) No. 168/2014 (X) W.P.(C) No. 352/2014 (X) C.A. NO………@ SLP(C) No. 17935/2015 (III) C.A. NO………@ S.L.P.(C)...CC No. 7586/2014 (IV-A) W.P.(C) No. 408/2014 (X) W.P.(C) No. 420/2014 (X) W.P.(C) No. 421/2014 (X) W.P.(C) No. 492/2014 (X) W.P.(C) No. 712/2014 (X) W.P.(C) No. 714/2014 (X) W.P.(C) No. 795/2014 (X) W.P.(C) No. 754/2014 (X) W.P.(C) No. 827/2014 (X) W.P.(C) No. 849/2014 (X) W.P.(C) No. 838/2014 (X) C.A. NO………@ SLP(C) No. 32589/2014 (XIV) W.P.(C) No. 26/2015 (X) W.P.(C) No. 1020/2014 (X) W.P.(C) No. 86/2015 (X)
5 C.A. NO………@ SLP(C) No. 7694/2015 (III) W.P.(C) No. 186/2015 (X) W.P.(C) No. 733/2015 (X) W.P.(C) No. 131/2015 (X) W.P.(C) No. 264/2015 (X) W.P.(C) No. 247/2016 (X) C.A. NO………@ SLP(C) No. 27645/2015 (III) W.P.(C) No. 868/2015 (X) W.P.(C) No. 858/2015 (X) W.P.(C) No. 14/2018 (X) W.P.(C) No. 68/2018 (X) W.P.(C) No. 1062/2018 (X) W.P.(C) No. 1173/2018 (X) W.P.(C) No. 1231/2018 (X) W.P.(C) No. 1437/2018 (X) C.A. NO………@ SLP(C) No. 1877/2019 (IV-A) C.A. No. 6662/2019 (III) C.A. No. 1980-1983/2019 (IV-A) W.P.(C) No. 253/2019 (X) W.P.(C) No. 254/2019 (X) W.P.(C) No. 439/2019 (X) W.P.(C) No. 431/2019 (X) W.P.(C) No. 567/2019 (X) W.P.(C) No. 736/2019 (X) W.P.(C) No. 752/2019 (X) W.P.(C) No. 910/2019 (X) W.P.(C) No. 1027/2019 (X) W.P.(C) No. 1043/2019 (X)
6 W.P.(C) No. 1035/2019 (X) W.P.(C) No. 1232/2019 (X) W.P.(C) No. 1355/2019 (X) W.P.(C) No. 1331/2019 (X) W.P.(C) No. 1339/2019 (X) W.P.(C) No. 1353/2019 (X) W.P.(C) No. 31/2020 (X) W.P.(C) No. 62/2020 (X) W.P.(C) No. 72/2020 (X) W.P.(C) No. 134/2020 (X) W.P.(C) No. 207/2020 (X) W.P.(C) No. 271/2020 (X) W.P.(C) No. 289/2020 (X) W.P.(C) No. 292/2020 (X) W.P.(C) No. 373/2020 (X) Date : 05-05-2020 These matters were called on for pronouncement of judgment today. Counsel for the parties Mr. Mahesh Agarwal,Adv. Mr. Ankur Saigal,Adv. Mr. Vikrant Pachnanda,Adv. Mr. Utkarsh Pratap,Adv. Mr. E.C. Agrawala, AOR Mr. Devansh A. Mohta,Adv. Mr. Shishir Deshpande, AOR Mr. Amit Yadav,Adv. Mr. Nilakanta Nayak,Adv. Ms. Sujata Kurdukar, AOR Mr. Devansh A. Mohta,Adv. Mr. Mrigank Prabhakar, AOR Ms. Sakshi Banga,Adv. Mr. Gautam Prabhakar,Adv.
7 Mr. Devansh A. Mohta,Adv. Mr. Gaurav Nair,Adv. Ms. Sanika Mehra,Adv. Ms. Pranati Bhatnagar,Adv. Mr. Kritya Sinha,Adv. Mr. Varun Singh, AOR Mr. Vikas Mehta, AOR Mr. Apoorv Khator,Adv. Mr. Rajat Sehgal,Adv. Mr. Satpal Singh, AOR Ms. Seema Thapliyal,Adv. Mr. Jaimon Andrews,Adv. Mr. K. Prajagopal,Adv. Piyo Harold Jaimon,Adv. Mr. Sandeep Thakur,Adv. Mr. Naresh Kumar, AOR Mr. Zaid Ali Subzposh,Adv. Mr. Tamim Qadri,Adv. Mr. Lakshmi Raman Singh, AOR Mr. Vineet Bhagat, AOR Ms. Manju Bhagat, Adv. Mr. Nikhil Goel, AOR Mr. S.K. Kulkarni,Adv. Mr. M. Gireesh Kumar,Adv. Mr. Ankur S. Kulkarni, AOR Mr. M. P. Vinod, AOR Mr. Atul Shankar Vinod,Adv. Mr. Dileep Pillai,Adv. Mr. Ajay Kumar Jain,Adv. Mr. Sajith P.,Adv. Mr. Kannan Gopal Vinod,Adv. Mr. Chinmoy Khaladkar,Adv. Mr. Sanjay Kharde,Adv. Ms. Chandan Ramamurthi, AOR Mr. Pradhuman Gohil,Adv. Mrs. Taruna Singh,Adv.
8 Ms. Ranu Purohit,Adv. Ms. Tanya Srivastava,Adv. Ms. Charu Mathur, AOR Mr. Yadav Narender Singh, AOR Ms. E.R. Sumathy, AOR Mr. Sarad Kumar Singhania, AOR Ms. Rashmi Singhania, Adv. Ms. Vanshaja Shukla, AOR Mr. Rameshwar Prasad Goyal, AOR Mr. Harish Pandey, AOR Mr. H. Chandra Sekhar, AOR Mrs. Rekha Chandra Sekhar,Adv. Mr. Karri Venkata Reddy,Adv. Mr. Chirag M. Shroff, AOR Ms. Yashika Verma,Adv. Ms. Abhilasha Bharti,Adv. Mr. M.A. Chinnasamy, AOR Mr. Arvind Gupta, AOR Mr. Sandeep Kumar Singh,Adv. Mr. Piyush Sharma,Adv. Mr. Anil Kumar Sahu,Adv. Ms. Meera Mathew, Adv. Mr. Malay Swapnil. Adv. Mr. Prakash Gautam,Adv. Mr. Sujeet Kumar,Adv. Mr. J.N. Pathak,Adv. Mr. Sunil Kumar Pandey,Adv. Mr. Amol Nirmalkumar Suryawanshi, AOR Ms. Nirmal Goenka, Adv. Mr. S. Sada Siva Reddy,Adv. Mr. Karri Venkata Reddy,Adv. Mrs. S. Usha Reddy, AOR
9 Mr. Santosh Krishnan, AOR Mr. S. S. Ray, Adv. Ms. Rakhi Ray, AOR Mr. Abhay Kumar, AOR Mr. M.J. Paul, AOR Mr. Renjith. B, AOR Mrs. Lakshmi N. Kaimal,Adv. Mr. Jayakrishnan U.,Adv. Mr. Mahendra Kumawat,Adv. Mr. Subodh S. Patil, AOR Ms. Supriya Patil,Adv. Mr. Ajay Kumar Singh,Adv. Mr. Garvesh Kabra, AOR Mrs. Pooja Kabra,Adv. Ms. Nikita Jaju,Adv. Mr. Abhishek Jaju, Adv. Mr. Harshvardhan Jha,Adv. Mr. Anup Lohiya,Adv. Mr. Adarsh Upadhyay,Adv. Mr. Abhishek Chaudhary,Adv. Mr. Anurag Kishore,Adv. Ms. Mirdula Kanti Sinha,Adv. Mr. Hitesh Kumar Sharma,Adv. Mr. S.K. Rajora,Adv. Mr. Akhileshwar Jha,Adv. Ms. Mamta Upadhyaya,Adv. Mr. Kusum Chaudhary, AOR Mr. Atul Babasaheb Dakh, AOR Mrs. Pragya Baghel, AOR Mr. Ajay Majithia,Adv. Mr. Satyajit A. Desai,Adv. Mr. Prakash Shantilal Jain, Adv. Ms. Archana Wajurkar, Adv. Ms. Anagha S. Desai, AOR
10 Mr. Bankey Bihari Sharma, AOR Mr. Rabin Majumder, AOR Ms. Akanksha Shrivastava, Adv. Ms. Mausmi Roy, Adv. Mr. Joydeep Mukherjee, Adv. Mr. Abhishek Agarwal, AOR Mr. A. Venayagam Balan, AOR Ms. V. S. Lakshmi, Adv. Mr. Gaurav Agrawal, AOR Mr. Vijay Kumar, AOR Mr. Bharat L. Gandhi,Adv. Mrs. Vithika Garg,Adv. Ms. Vidushi Garg,Adv. Ms. Karishma Singhal,Adv. Ms. Garima Prashad, AOR Mr. Suresh Chandra Tripathy, AOR Mr. Anirudh Sanganeria, AOR Mr. Karunakar Mahalik, AOR Mr. B. Vishwanath Bhandarkar,Adv. Mr. Sarbendra Kumar,Adv. Mr. Upendra Narayan Mishra,Adv. Mr. Durga Dutt,Adv. Mr. C. P. Singh, Adv. Mr. Prakash Sharma,Adv. Mr. Dilip Annasaheb Taur, AOR Mr. Rajul Shrivastav,Adv. Mr. Mohit D. Ram, AOR Ms. Monisha Handa,Adv. Mr. Sachin Kaushal,Adv. Mr. Bhagirath N. Patel,Adv. Mr. Rajat Nair,Adv. Ms. Swati Ghildiyal,Adv. Mr. Akshay Amritanshu,Adv.
11 Mr. A.K. Sharma,Adv. Mr. Shubham Saurav,Adv. Ms. Vanshaja Shukla,Adv. Mr. Kuldeep S. Parihar,Adv. Mr. H.S. Parihar, AOR Ms. Ikshita Parihar,Adv. Mr. Shivaji M. Jadhav, AOR Mr. Nicholas Choudhary,Adv. Mr. Aditya P. Khanna,Adv. Mr. Aditya S. Jadhav,Adv. Mr. Shiv Ram Pandey,Adv. Mr. S. Lakshmi Iyer,Adv. Ms. Aishwarya Dash,Adv. Mr. Chinmoy Khaladkar,Adv. M/s. S.M. Jadhav and Company Mr. Rutwik Panda, AOR Ms. Nikhar Berry,Adv. Ms. Anshu Malik,Adv. Mr. M.Y. Deshmukh, AOR Ms. Manjeet Kirpal,Adv. Mr. Avanish Pandey,Adv. Ms. Sneha Kalita,Adv. Ms. Gwen Karthika,Adv. Ms. Abha R. Sharma, AOR Mr. Ritin Rai,Sr.Adv. Mr. P. S. Sudheer, AOR Mr. Rishi Maheshwari,Adv. Mrs. Mayuri Nayyar Chawla,Adv. Ms. Anne Mathew,Adv. Mr. Bharat Sood,Adv. Ms. Shruti Jose,Adv. Mr. Amar Dave,Adv. Mr. Vishwas K. Shah,Adv. Mr. Massom K. Shah,Adv.
12 Mr. Anup Jain, AOR Mr. Udit Gupta,Adv. Mr. Pulkit Tare,Adv. Mr. Ashok Panigrahi,Adv. Mr. Apoorv Kurup,Adv. Ms. Upama Bhattacharjee,Adv. Ms. Nidhi Mittal,Adv. Mrs. Anil Katiyar, AOR Mr. Pratap Venugopal,Adv. Ms. Surekha Raman,Adv. Ms. Ayushi Gaur,Adv. Mr. Akhil Abraham Roy,Adv. Mr. Vijay Valsan,Adv. M/S. K.J. John and Co. Mr. A.N. Arora, AOR Mr. Piyush Sharma, AOR Mr. M.T. George, AOR Mrs. Susy Abraham,Adv. Mr. Johns George,Adv. Mr. Aniruddha P. Mayee, AOR Mr. A. Rajarajan,Adv. Ms. N. Annapoorani, AOR Mr. D. Bharat Kumar,Adv. Mr. Prasanna Kumar Parhi,Adv. Mr. Tadimalla Baskar Gowtham,Adv. Mr. Aman Shukla,Adv. Mr. D.V. Raghu Vamsu,Adv. Mr. Siddhartha Sinha,Adv. Mr. Hathindra Manda,Adv. Mr. Abhijit Sengupta, AOR Mr. Anil Kumar Mishra, AOR Mr. Anurag Singh, Adv. Ms. Praveena Gautam, AOR Mr. Pawan Shukla,Adv. Ms. Sweety Pandey,Adv. Mr. Raja Ram,Adv.
13 Mr. M. Khairati,Adv. Mr. Irshad Ahmad, AOR Mr. Aniruddha A. Joshi,Adv. Mr. Rajeev Maheshwaranand Roy, AOR Mr. Gunjan Kumar,Adv. Mr. P. Srinivasan,Adv. Mr. Navjeet Giri,Adv. Mr. Rajeev K. Panday,Adv. Mr. V.N. Raghupathy, AOR Mr. Manendra Pal Gupta,Adv. Mr. S.N. Bhat, AOR Ms. Hemantika Wahi, AOR Mr. Chinmoy Khaladkar,Adv. Ms. Neha Sharma,Adv. Mr. Deeptakirti Verma, AOR Mr. Rajiv Shankar Dvivedi, AOR Mr. Praveen Satale, Adv. Ms. Anuradha Mutatkar, AOR Ms. Usha Singh,Adv. Ms. Nidhi Saini,Adv. Mr. Akhilesh Kumar Mishra, Adv. Mr. Siddharth Mittal, AOR Mr. Arun Aggarwal, AOR Ms. Anshika Aggarwal, Adv. Mr. Ankur Prakash, AOR Mr. Praveen Chaturvedi, AOR Ms. Jyoti Chaturvedi, Adv. Mr. Lalit Bhasin,Adv. Ms. Nina Gupta,Adv. Mr. Palak Chadha,Adv. Ms. Ruchika Joshi,Adv. Ms. P.V. Yogeswaran, AOR
14 Ms. Asha Gopalan Nair, AOR Mr. Sudhanshu S. Choudhari, AOR Mr. Rameshwar Prasad Goyal, AOR Mr. Debmalya Banerjee,Adv. Mr. Kartik Bhatnagar,Adv. Mr. Rohan Sharma,Adv. Mr. A.S. Aman,Adv. Mr. Ujjwal Singh,Adv. Mr. Vardaan Wanchoo,Adv. For M/S. Karanjawala & Co., AOR Mr. Soumyajit Pani,Adv. Mr. Chittaranjan Singh,Adv. For Mr. Vinodh Kanna B., AOR Mr. A. Venayagam Balan, AOR Mr. P.I. Jose, AOR Mr. Prashant K. Sharma, Adv. Mr. Jenis Francis,Adv. Mr. Ravi Sagar,Adv. Mr. Anupam Mishra,Adv. Ms. C. Rubavathi, Adv. Mr. Hari Kumar V.,Adv. Mr. Siddhesh Kotwal,Adv. Ms. Bansuri Swaraj,Adv. Mr. Nirnimesh Dube, AOR Ms. Astha Sharma,Adv. Ms. Arshiya Ghose,Adv. Mr. Divyansh Tiwari,Adv. Ms. Ana Upadhyay,Adv. Mr. Rajesh Mahale, AOR Mr. Arjun Krishnan, AOR Mr. Ankur Singh,Adv. Mr. Shourya Bari,Adv. Mr. Aaditya A. Pande,Adv.
15 Mr. Chander Shekhar Ashri, AOR Mr. Chandrashekhar A. Chakalabbi,Adv. Mr. Awanish Kumar,Adv. Mr. Shiv Kumar Pandey,Adv. Mr. Anshul Rai,Adv. M/s. Dharmaprabhas Law Associates Mr. B.K. Pal, AOR Mr. G. Prakash, AOR Mr. Jishnu M.L.,Adv. Mrs. Priyanka Prakash,Adv. Mrs. Beena Prakash,Adv. Mr. P.V. Dinesh, AOR Mr. Uday B. Dube, AOR Mr. Y. Raja Gopala Rao, AOR Ms. Vismai Rao, Adv. Mr. K. Pramod Kumar, Adv. Mr. Siddhesh Kotwal,Adv. Ms. Bansuri Swaraj,Adv. Ms. Vanshaja Shukla, Adv. Ms. Anuja Pethia, Adv. Mr. Sanjeev Kumar, AOR Mr. Pankaj Tikde,Adv. Mr. Sanjay Kumar,Adv. Mr. H.K. Naik,Adv. Mr. Rajnish K.,Adv. Mr. Awanish Kumar,Adv. Mr. Ajay Amritraj,Adv. Mr. Arvind Kr. Sharma,Adv. Mr. Aniteja Sharma,Adv. Mr. Raj Kishor Choudhary, AOR Mr. Shakeel Ahmad, Adv. Mr. Rohit K. Singh, AOR Mr. Uday Tiwary,Adv. Mr. P.N. Razdan,Adv. Mr. Mirza Kayesh Begg,Adv. Ms. Anshruta Maheshwari,Adv.
16 Ms. Usha Nandini. V, AOR Mr. Bineesh Karat,Adv. Mr. Biju P. Raman,Adv. Mr. M.S. Vishnu Sankar,Adv. Ms. Athira G. Nair,Adv. Mr. Sonal Jain, AOR Ms. Heena Sharma, Adv. Mr. Ishkaran Singh, Adv. Mr. Kumar Shashank,Adv. Ms. Rukhmini Bobde,Adv. Mr. Aviral Kapoor,Adv. Ms. Shagufa Salim,Adv. Mr. Nivesh Kumar,Adv. Ms. Riya Dhingra,Adv. Mr. Satyavir Yadav,Adv. Mr. Vishal Prasad, AOR Mr. Anil Nag, AOR Mr. Arjun Vinod Bobde,Adv. Ms. Richa Relhan,Adv. Mr. Sathak Bhatia,Adv. Mr. S. Bushra Kazim,Adv. Mr. Rajat Joseph, AOR Mr. Suresh Dutt Dobhal, AOR Ms. Shreya Tandon, Adv. Mr. Anil Kumar Sangal, AOR Mr. Harish Pandey, AOR Ms. Pratibha Jain, AOR Mr. Vijay Kumar, AOR Mr. Dharmendra Kumar Sinha, AOR Mr. Shashibhushan P. Adgaonkar,Adv. Mr. Rahul Chitnis,Adv. Mr. Sachin Patil,Adv. Mr. T.L.V. Rama Chari,Adv.
17 Mr. Hitesh Kumar Sharma,Adv. Mr. Akhileshwar Jha,Adv. Mr. T. Ramamurty,Adv. Ms. Sushma Suri,Adv. Mr. Shreekant N. Terdal,Adv. Mr. Tanvir Nayar,Adv. Mr. Praful Sinha,Adv. Mr. Manoj Kr. Mishra,AOR M/s. Udit Kishan Associates Mr. Ankur S. Kulkarni, AOR Mr. M. P. Vinod, AOR Ms. Chandan Ramamurthi, AOR Ms. Charu Mathur, AOR Mr. Yadav Narender Singh, AOR Ms. E. R. Sumathy, AOR Mr. Sarad Kumar Singhania, AOR Ms. Vanshaja Shukla, AOR Mr. Harish Pandey, AOR Mr. H. Chandra Sekhar, AOR Mr. M. A. Chinnasamy, AOR Mr. Arvind Gupta, AOR Mr. Amol Nirmalkumar Suryawanshi, AOR Mrs. S. Usha Reddy, AOR Mr. Santosh Krishnan, AOR Ms. Rakhi Ray, AOR Mr. Abhay Kumar, AOR Mr. Mrigank Prabhakar, AOR Mr. Satpal Singh, AOR Mr. Vikas Mehta, AOR Mr. M. J. Paul, AOR Mr. Renjith. B, AOR Mr. Subodh S. Patil, AOR Mr. Garvesh Kabra, AOR Mr. Rutwik Panda, AOR Mr. Lakshmi Raman Singh, AOR Mr. Kusum Chaudhary, AOR Ms. Sujata Kurdukar, AOR Mr. Varun Singh, AOR
18 Mr. Atul Babasaheb Dakh, AOR Mr. E. C. Agrawala, AOR Mrs. Pragya Baghel, AOR Mr. Naresh Kumar, AOR Ms. Anagha S. Desai, AOR Mr. Bankey Bihari Sharma, AOR Mr. Rabin Majumder, AOR Mr. Abhishek Agarwal, AOR Mr. A. Venayagam Balan, AOR Mr. Gaurav Agrawal, AOR Mr. Vijay Kumar, AOR Ms. Garima Prashad, AOR Mr. Suresh Chandra Tripathy, AOR Mr. Anirudh Sanganeria, AOR Mr. Karunakar Mahalik, AOR Mr. Shishir Deshpande, AOR Mr. Vineet Bhagat, AOR Mr. Nikhil Goel, AOR Mr. Dilip Annasaheb Taur, AOR Mr. Mohit D. Ram, AOR Ms. Sushma Suri,AOR M/S. K J John And Co, AOR Mr. A. N. Arora, AOR Mr. Piyush Sharma, AOR Mr. M. T. George, AOR Mr. Aniruddha P. Mayee, AOR Ms. N. Annapoorani, AOR Mr. Abhijit Sengupta, AOR Mr. Anil Kumar Mishra, AOR Ms. Praveena Gautam, AOR Mr. Irshad Ahmad, AOR Mr. H. S. Parihar, AOR Mr. Anup Jain, AOR Mr. S. N. Bhat, AOR Ms. Hemantika Wahi, AOR Mr. Deeptakirti Verma, AOR Mr. Rajiv Shankar Dvivedi, AOR Ms. Anuradha Mutatkar, AOR Mr. Siddharth Mittal, AOR Mr. Arun Aggarwal, AOR Mr. Ankur Prakash, AOR Mr. Praveen Chaturvedi, AOR Mr. Shivaji M. Jadhav, AOR M/S. S.M. Jadhav and Company, AOR Mr. P. V. Yogeswaran, AOR Mrs. Anil Katiyar, AOR
19 Ms. Asha Gopalan Nair, AOR Mr. Sudhanshu S. Choudhari, AOR Mr. Rameshwar Prasad Goyal, AOR M/S. Karanjawala & Co., AOR Ms. Abha R. Sharma, AOR Mr. Vinodh Kanna B., AOR Mr. P. I. Jose, AOR Mr. M. Y. Deshmukh, AOR Mr. Nirnimesh Dube, AOR Mr. Rajesh Mahale, AOR Mr. Arjun Krishnan, AOR Mr. Chander Shekhar Ashri, AOR M/S. Dharmaprabhas Law Associates, AOR Mr. Rajeev Maheshwaranand Roy, AOR Mr. V. N. Raghupathy, AOR Mr. P. S. Sudheer, AOR Mr. P. V. Dinesh, AOR Mr. Uday B. Dube, AOR Mr. Y. Raja Gopala Rao, AOR Mr. Sanjeev Kumar, AOR Mr. Raj Kishor Choudhary, AOR Mr. Rohit K. Singh, AOR Ms. Usha Nandini. V, AOR Mr. B. K. Pal, AOR Mr. G. Prakash, AOR Mr. Sonal Jain, AOR Mr. Vishal Prasad, AOR Mr. Anil Nag, AOR Mr. Rajat Joseph, AOR Mr. Suresh Dutt Dobhal, AOR Mr. Chirag M. Shroff, AOR Mr. Anil Kumar Sangal, AOR Mr. Harish Pandey, AOR Ms. Pratibha Jain, AOR Mr. Dharmendra Kumar Sinha, AOR M/s. Udit Kishan Associates, AOR Mr. Manoj Kr. Mishra, AOR Hon'ble Mr. Justice Arun Mishra pronounced the reportable judgment of the Bench comprising His Lordship, Hon'ble Ms. Justice Indira Banerjee, Hon'ble Mr. Justice Vineet Saran, Hon'ble Mr. Justice M.R. Shah and Hon'ble Mr. Justice Aniruddha Bose.
20 Application(s) for intervention/impleadment, if any, are disposed of. Delay condoned. Leave granted in the Special Leave Petitions. The civil appeals and the writ petitions are disposed of. Pending application(s), if any, shall stand disposed of. (JAYANT KUMAR ARORA) (JAGDISH CHANDER) COURT MASTER ASSISTANT REGISTRAR (Signed 'Reportable' Judgment is placed on the file)
ITEM NO.501 COURT NO.3 SECTION IX (PART HEARD) S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No(s). 5674/2009 PANDURANG GANPATI CHAUGULE Appellant(s) VERSUS VISHWASRAO PATIL MURGUD SAHAKARI BANK LTD. Respondent(s) (WITH APPLN(S) FOR - IA No. 54612/2018 - INTERVENTION APPLICATION and DISCHARGE OF ADVOCATE) WITH C.A. No. 5684/2009 (IX) (WITH APP LN(S) FOR DIRECTIONS) C.A. No. 5682/2009 (IX) C.A. No. 5681/2009 (IX) (WITH A PPLN(S) FOR VACATING INTERIM RELIEF) C.A. No. 10871/2010 (XI-A) C.A. No. 5675/2009 (IX) SLP(C) No. 25930/2009 (IX) C.A. No. 4391/2010 (XI-A) (IA No. 46810/2018 - EXEMPTION FROM FILING O.T. IA No. 46809/2018 - STAY APPLICATION, RECALLING OF COURT’S ORDER) SLP(C) No. 24309/2010 (III) C.A. No. 7410/2010 (III) SLP(C) No. 29859/2010 (III) W.P.(C) No. 318/2010 (X) SLP(C) No. 7295-7298/2011 (IV-A) W.P.(C) No. 41/2011 (X) (WITH APPLN(S) F OR STAY, VACATING STAY) W.P.(C) No. 220/2011 (X) (WITH APPLN(S) F OR STAY) W.P.(C) No. 293/2011 (X) (WITH APPLN(S) F OR STAY) W.P.(C) No. 306/2011 (X) (WITH APPLN(S) F OR STAY) SLP(C) No. 22304-22305/2011 (III) W.P.(C) No. 338/2011 (X) (WITH APPLN(S) F OR STAY) W.P.(C) No. 375/2011 (X) (WITH APPLN(S) F OR STAY) SLP(C) No. 24479-24480/2011 (III) W.P.(C) No. 122/2012 (X) (FOR VACATING STAY ON IA 2/2015 IA No. 2/2015 - VACATING STAY) W.P.(C) No. 199/2012 (X) SLP(C) No. 24276/2012 (IV-A) 1
W.P.(C) No. 250/2012 (X) W.P.(C) No. 291/2012 (X) W.P.(C) No. 386/2012 (X) (FOR ON IA 3/2015) W.P.(C) No. 487/2012 (X) W.P.(C) No. 537/2012 (X) W.P.(C) No. 554/2012 (X) W.P.(C) No. 36/2013 (X) (IA No. 1/2013 - STAY APPLICATION) W.P.(C) No. 146/2013 (X) (WITH APPLN(S) F OR STAY) W.P.(C) No. 138/2013 (X) (WITH APPLN(S) F OR STAY) W.P.(C) No. 179/2013 (X) (WITH APPLN(S) F OR STAY) W.P.(C) No. 192/2013 (X) (WITH APPLN(S) F OR STAY) W.P.(C) No. 191/2013 (X) (WITH APPLN(S) F OR STAY) W.P.(C) No. 112/2013 (X) (WITH APPLN(S) F OR STAY) W.P.(C) No. 111/2013 (X) (WITH APPLN(S) F OR STAY) W.P.(C) No. 151/2013 (X) (WITH APPLN(S) F OR STAY) W.P.(C) No. 175/2013 (X) (WITH APPLN(S) F OR STAY) W.P.(C) No. 181/2013 (X) (WITH APPLN(S) F OR STAY) SLP(C) No. 15634-15635/2013 (IV-A) (WITH APPLN(S) FOR C/DELAY IN FILING SLP) SLP(C) No. 12916/2013 (XI-A) W.P.(C) No. 201/2013 (X) (WITH APPLN(S) F OR STAY) W.P.(C) No. 233/2013 (X) (WITH APPLN(S) F OR STAY, DISCHARGE OF ADVOCATE) W.P.(C) No. 236/2013 (X) (WITH APPLN(S) F OR STAY, DISCHARGE OF ADVOCATE) W.P.(C) No. 238/2013 (X) (WITH APPLN(S) F OR STAY, DISCHARGE OF ADVOCATE) W.P.(C) No. 253/2013 (X) (WITH APPLN(S) F OR STAY, VACATING STAY) W.P.(C) No. 250/2013 (X) (WITH APPLN(S) F OR STAY) W.P.(C) No. 248/2013 (X) (WITH APPLN(S) F OR STAY) W.P.(C) No. 271/2013 (X) (WITH APPLN(S) F OR STAY) W.P.(C) No. 265/2013 (X) (WITH APPLN(S) F OR STAY) W.P.(C) No. 270/2013 (X) (WITH APPLN(S) F OR STAY) SLP(C) No. 17054/2013 (III) SLP(C) No. 18777/2013 (III) SLP(C) No. 18775/2013 (III) W.P.(C) No. 279/2013 (X) (WITH APPLN(S) F OR STAY) W.P.(C) No. 266/2013 (X) (WITH APPLN(S) F OR STAY) W.P.(C) No. 280/2013 (X) (WITH APPLN(S) F OR STAY) W.P.(C) No. 284/2013 (X) (WITH APPLN(S) F OR STAY) W.P.(C) No. 353/2013 (X) (WITH APPLN(S) F OR STAY) W.P.(C) No. 469/2013 (X) W.P.(C) No. 452/2013 (X) (WITH APPLN(S) F OR STAY) W.P.(C) No. 588/2013 (X) (WITH APPLN(S) F OR STAY) SLP(C) No. 29720/2013 (III) SLP(C) No. 29721/2013 (III) W.P.(C) No. 758/2013 (X) (WITH APPLN(S) F OR STAY) 2
W.P.(C) No. 762/2013 (X) (WITH APPLN(S) F OR STAY) W.P.(C) No. 761/2013 (X) (WITH APPLN(S) F OR STAY) W.P.(C) No. 800/2013 (X) (WITH APPLN(S) F OR STAY) W.P.(C) No. 753/2013 (X) (WITH APPLN(S) F OR STAY) W.P.(C) No. 819/2013 (X) (WITH APPLN(S) F OR STAY) SLP(C) No. 35137/2013 (III) W.P.(C) No. 922/2013 (X) (WITH APPLN(S) F OR STAY) W.P.(C) No. 1007/2013 (X) (WITH APPLN(S) F OR STAY) W.P.(C) No. 5/2014 (X) (WITH APPLN(S) F OR STAY) W.P.(C) No. 10/2014 (X) (WITH APPLN(S) F OR STAY) W.P.(C) No. 1037/2013 (X) (WITH APPLN(S) F OR STAY, DISCHARGE OF ADVOCATE) W.P.(C) No. 1044/2013 (X) (WITH APPLN(S) F OR STAY, DISCHARGE OF ADVOCATE) W.P.(C) No. 1043/2013 (X) (WITH APPLN(S) F OR STAY, DISCHARGE OF ADVOCATE) W.P.(C) No. 1045/2013 (X) (WITH APPLN(S) F OR STAY, DISCHARGE OF ADVOCATE) W.P.(C) No. 40/2014 (X) (WITH APPLN(S) F OR STAY) W.P.(C) No. 142/2014 (X) (WITH APPLN(S) F OR STAY) W.P.(C) No. 169/2014 (X) (WITH APPLN(S) F OR STAY, VACATING STAY/INTERIM ORDER) W.P.(C) No. 168/2014 (X) (WITH APPLN(S) F OR STAY, VACATING STAY/INTERIM ORDER) W.P.(C) No. 352/2014 (X) (WITH APPLN(S) F OR STAY, VACATING STAY/INTERIM ORDER) SLP(C) No. 17935/2015 (III) S.L.P.(C)...CC No. 7586/2014 (IV-A) W.P.(C) No. 408/2014 (X) (WITH APPLN(S) F OR STAY) (IA No. 65562/2019 - DISCHARGE OF ADVOCATE ON RECORD) W.P.(C) No. 420/2014 (X) (WITH APPLN(S) F OR STAY) W.P.(C) No. 421/2014 (X) (WITH APPLN(S) F OR STAY) W.P.(C) No. 492/2014 (X) (WITH APPLN(S) F OR STAY) W.P.(C) No. 712/2014 (X) (WITH APPLN(S) F OR STAY, VACATING STAY/INTERIM ORDER) W.P.(C) No. 714/2014 (X) (WITH APPLN(S) F OR STAY) W.P.(C) No. 795/2014 (X) (WITH APPLN(S) F OR STAY) W.P.(C) No. 754/2014 (X) (WITH APPLN(S) F OR STAY) W.P.(C) No. 827/2014 (X) (WITH APPLN(S) F OR STAY) (IA No. 68801/2019 - DISCHARGE OF ADVOCATE ON RECORD) W.P.(C) No. 849/2014 (X) (WITH APPLN(S) F OR STAY, (IA No. 68803/2019 - DISCHARGE OF ADVOCATE ON RECORD) W.P.(C) No. 838/2014 (X) (WITH APPLN(S) F OR STAY) SLP(C) No. 32589/2014 (XIV) (FOR CLARIFICATION/DIRECTION ON IA 83622/2018 IA No. 83622/2018 - CLARIFICATION/DIRECTION) W.P.(C) No. 26/2015 (X) (WITH APPLN(S) FOR VACATING STAY/INTERIM ORDER) 3
W.P.(C) No. 1020/2014 (X) (WITH APPLN(S) F OR STAY) W.P.(C) No. 86/2015 (X) SLP(C) No. 7694/2015 (III) ( FOR WITHDRAWAL OF CASE / APPLICATION ON IA 54845/2018 IA No. 54845/2018 - WITHDRAWAL OF CASE / APPLICATION) W.P.(C) No. 186/2015 (X) W.P.(C) No. 733/2015 (X) W.P.(C) No. 131/2015 (X) (IA No. 1/2015 - STAY APPLICATION) W.P.(C) No. 264/2015 (X) (IA No. 4/2015 - RECALLING THE COURTS ORDER IA No. 1/2015 - STAY APPLICATION) W.P.(C) No. 247/2016 (X) (FOR FOR STAY APPLICATION ON IA 1/2016 FOR DISPENSING WITH SERVICE OF NOTICE [SEEKING INTERIM DIRECTIONS] ON IA 2/2016 FOR APPROPRIATE ORDERS/DIRECTIONS ON IA 100141/2017 FOR PERMISSION TO FILE ADDITIONAL DOCUMENTS ON IA 102109/2017 FOR CLARIFICATION/DIRECTION ON IA 16266/2018 IA No. 2/2016 - DISPENSING WITH SERVICE OF NOTICE IA No. 102109/2017 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES IA No. 1/2016 - STAY APPLICATION) SLP(C) No. 27645/2015 (III) W.P.(C) No. 868/2015 (X) W.P.(C) No. 858/2015 (X) W.P.(C) No. 14/2018 (X) W.P.(C) No. 68/2018 (X) (WITH APPLN(S) FOR RECALING THE COURT’S ORDER) W.P.(C) No. 1062/2018 (X) (IA No. 127639/2018 - EX-PARTE STAY) W.P.(C) No. 1173/2018 (X) (IA No. 22803/2020 - CLARIFICATION/DIRECTION IA No. 138731/2018 - STAY APPLICATION) W.P.(C) No. 1231/2018 (X) (FOR ADMISSION) (WITH APPLN(S) FOR STAY, DIRECTIONS AND VACATION OF INTERIM ORDER) W.P.(C) No. 1437/2018 (X) (IA No.173388/2018-APPROPRIATE ORDERS/DIRECTIONS IA No. 173388/2018 - APPROPRIATE ORDERS/DIRECTIONS) SLP(C) No. 1877/2019 (IV-A) (FOR APPLICATION FOR VACATION OF INTERIM ORDER ON IA 69137/2019 IA No. 69137/2019 - APPLICATION FOR VACATION OF INTERIM ORDER) C.A. No. 6662/2019 (III) (IA No. 14745/2020 - APPLICATION FOR TAGGING/DETAGGING IA No. 183121/2019 - EARLY HEARING APPLICATION) C.A. No. 1980-1983/2019 (IV-A) (IA No. 25366/2019 - PERMISSION TO FILE ADDITIONAL 4
DOCUMENTS/FACTS/ANNEXURES, DIRECTIONS) W.P.(C) No. 253/2019 (X) (FOR ADMISSION and IA No.36308/2019-STAY APPLICATION) W.P.(C) No. 254/2019 (X) (FOR CLARIFICATION/DIRECTION ON IA 66635/2019 IA No. 66635/2019 - CLARIFICATION/DIRECTION) W.P.(C) No. 439/2019 (X) (FOR ADMISSION and I.R. and IA No.57155/2019-EX-PARTE STAY and IA No.57157/2019-EXEMPTION FROM FILING O.T.) W.P.(C) No. 431/2019 (X) (IA No. 56238/2019 - STAY APPLICATION) W.P.(C) No. 567/2019 (X) W.P.(C) No. 736/2019 (X) (FOR ADMISSION and IA No.87224/2019-STAY APPLICATION IA No. 87224/2019 - STAY APPLICATION) W.P.(C) No. 752/2019 (X) (IA No. 88213/2019 - EX-PARTE STAY) W.P.(C) No. 910/2019 (X) (FOR ADMISSION and IA No.103953/2019-STAY APPLICATION) W.P.(C) No. 1027/2019 (X) (FOR ADMISSION and IA No.120866/2019-EX-PARTE STAY) W.P.(C) No. 1043/2019 (X) (IA No. 122572/2019 - EX-PARTE STAY IA No. 122574/2019 - EXEMPTION FROM FILING O.T.) W.P.(C) No. 1035/2019 (X) (IA No. 121770/2019 - EX-PARTE STAY IA No. 121771/2019 - EXEMPTION FROM FILING O.T.) W.P.(C) No. 1232/2019 (X) (IA No. 149676/2019 - EX-PARTE STAY IA No. 149680/2019 - EXEMPTION FROM FILING O.T.) W.P.(C) No. 1355/2019 (X) (IA No. 173398/2019 - EX-PARTE STAY) W.P.(C) No. 1331/2019 (X) (IA No. 1749/2020 - MODIFICATION OF COURT ORDER, STAY) W.P.(C) No. 1339/2019 (X) (IA No.170837/2019-EX-PARTE STAY IA No. 170837/2019 - EX-PARTE STAY) W.P.(C) No. 1353/2019 (X) 5
(IA No. 8394/2020 – MODIFICATION, STAY) W.P.(C) No. 31/2020 (X) (FOR ADMISSION and IA No.3580/2020-STAY APPLICATION) W.P.(C) No. 62/2020 (X) (FOR ADMISSION and IA No.6689/2020-EX-PARTE STAY and IA No.6690/2020-EXEMPTION FROM FILING O.T.) W.P.(C) No. 72/2020 (X) (FOR ADMISSION and IA No.7697/2020-STAY APPLICATION, VACATION OF INTERIM ORDER) W.P.(C) No. 134/2020 (X) (WITH APPLN(S) FOR STAY) (IA No. 22981/2020 - MODIFICATION) W.P.(C) No. 207/2020 (X) (FOR ADMISSION and IA No.14392/2020-STAY APPLICATION and IA No.14393/2020-EXEMPTION FROM FILING O.T.) W.P.(C) No. 271/2020 (X) (IA No. 22447/2020 - STAY APPLICATION) W.P.(C) No. 289/2020 (X) (FOR ADMISSION and IA No.23930/2020-STAY APPLICATION) W.P.(C) No. 292/2020 (X) (IA No. 24077/2020 - STAY APPLICATION) W.P.(C) No. 373/2020 (X) (FOR ADMISSION and IA No.34374/2020-STAY APPLICATION) Date : 05-03-2020 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE ARUN MISHRA HON'BLE MS. JUSTICE INDIRA BANERJEE HON'BLE MR. JUSTICE VINEET SARAN HON'BLE MR. JUSTICE M.R. SHAH HON'BLE MR. JUSTICE ANIRUDDHA BOSE For Appellant(s)/Petitioner(s) In SLP.17054, 18777 & 18775/2013 Mr. Tushar Mehta,SG Mr. Mahesh Agarwal,Adv. Mr. Ankur Saigal,Adv. Mr. Vikrant Pachnanda,Adv. Mr. Utkarsh Pratap,Adv. Mr. E.C. Agrawala, AOR 6
In W.P.487/2012 & 142/2014 Mr. Devansh A. Mohta,Adv. Mr. Shishir Deshpande, AOR Mr. Amit Yadav,Adv. Mr. Nilakanta Nayak,Adv. Ms. Sujata Kurdukar, AOR In WP. 1355/2019 Mr. Devansh A. Mohta,Adv. Mr. Mrigank Prabhakar, AOR Ms. Sakshi Banga,Adv. Mr. Gautam Prabhakar,Adv. In WP.36/13, 736/19, 31/20, 72/20, 134/20, 207/20, 289/20, 292/20, 373/20 Mr. Devansh A. Mohta,Adv. Mr. Gaurav Nair,Adv. Ms. Sanika Mehra,Adv. Ms. Pranati Bhatnagar,Adv. Mr. Kritya Sinha,Adv. Mr. Varun Singh, AOR In WP.386/2012 Mr. Vikas Mehta, AOR Mr. Apoorv Khator,Adv. Mr. Rajat Sehgal,Adv. In WP.41/11, 220/11, 375/11, 250/12, 291/12, 146/13, 26/15 & 247/16 Mr. Satpal Singh, AOR Ms. Seema Thapliyal,Adv. Mr. Jayant Muthraj,Sr.Adv. Mr. Jaimon Andrews,Adv. Mr. K. Prajagopal,Adv. Piyo Harold Jaimon,Adv. Mr. Sandeep Thakur,Adv. Mr. Naresh Kumar, AOR Mr. Zaid Ali Subzposh,Adv. Mr. Tamim Qadri,Adv. Mr. Lakshmi Raman Singh, AOR Mr. Vineet Bhagat, AOR Mr. Nikhil Goel, AOR Mr. S.K. Kulkarni,Adv. Mr. M. Gireesh Kumar,Adv. Mr. Ankur S. Kulkarni, AOR 7
Mr. M. P. Vinod, AOR Mr. Atul Shankar Vinod,Adv. Mr. Dileep Pillai,Adv. Mr. Ajay Kumar Jain,Adv. Mr. Sajith P.,Adv. Mr. Kannan Gopal Vinod,Adv. Mr. Chinmoy Khaladkar,Adv. Mr. Sanjay Kharde,Adv. Ms. Chandan Ramamurthi, AOR Mr. Pradhuman Gohil,Adv. Mrs. Taruna Singh,Adv. Ms. Ranu Purohit,Adv. Ms. Tanya Srivastava,Adv. Ms. Charu Mathur, AOR Mr. Yadav Narender Singh, AOR Ms. E.R. Sumathy, AOR Mr. Sarad Kumar Singhania, AOR Ms. Vanshaja Shukla, AOR Mr. Rameshwar Prasad Goyal, AOR Mr. Harish Pandey, AOR Mr. H. Chandra Sekhar, AOR Mrs. Rekha Chandra Sekhar,Adv. Mr. Karri Venkata Reddy,Adv. Mr. Chirag M. Shroff, AOR Ms. Yashika Verma,Adv. Ms. Abhilasha Bharti,Adv. Mr. M.A. Chinnasamy, AOR Mr. Arvind Gupta, AOR Mr. Sandeep Kumar Singh,Adv. Mr. Piyush Sharma,Adv. Mr. Anil Kumar Sahu,Adv. Mr. Prakash Gautam,Adv. Mr. Sujeet Kumar,Adv. Mr. J.N. Pathak,Adv. Mr. Sunil Kumar Pandey,Adv. Mr. Amol Nirmalkumar Suryawanshi, AOR 8
Mr. S. Sada Siva Reddy,Adv. Mr. Karri Venkata Reddy,Adv. Mrs. S. Usha Reddy, AOR Mr. Santosh Krishnan, AOR Ms. Rakhi Ray, AOR Mr. Abhay Kumar, AOR Mr. M.J. Paul, AOR Mr. Renjith. B, AOR Mrs. Lakshmi N. Kaimal,Adv. Mr. Jayakrishnan U.,Adv. Mr. Mahendra Kumawat,Adv. Mr. Subodh S. Patil, AOR Ms. Supriya Patil,Adv. Mr. Ajay Kumar Singh,Adv. Mr. Garvesh Kabra, AOR Mrs. Pooja Kabra,Adv. Ms. Nikita Kabra,Adv. Mr. Harshvardhan Jha,Adv. Mr. Anup Lohiya,Adv. Mr. Adarsh Upadhyay,Adv. Mr. Abhishek Chaudhary,Adv. Mr. Anurag Kishore,Adv. Mirdula Kanti Sinha,Adv. Mr. Hitesh Kumar Sharma,Adv. Mr. S.K. Rajora,Adv. Mr. Akhileshwar Jha,Adv. Ms. Mamta Upadhyaya,Adv. Mr. Kusum Chaudhary, AOR Mr. Atul Babasaheb Dakh, AOR Mrs. Pragya Baghel, AOR Mr. Ajay Majithia,Adv. Mr. Satyajit A. Desai,Adv. Ms. Anagha S. Desai, AOR Mr. Bankey Bihari Sharma, AOR Mr. Rabin Majumder, AOR Mr. Abhishek Agarwal, AOR 9
Mr. A. Venayagam Balan, AOR Mr. Gaurav Agrawal, AOR Mr. Vijay Kumar, AOR Mr. Bharat L. Gandhi,Adv. Mrs. Vithika Garg,Adv. Ms. Vidushi Garg,Adv. Ms. Karishma Singhal,Adv. Ms. Garima Prashad, AOR Mr. Suresh Chandra Tripathy, AOR Mr. Anirudh Sanganeria, AOR Mr. Karunakar Mahalik, AOR Mr. B. Vishwanath Bhandarkar,Adv. Mr. Sarbendra Kumar,Adv. Mr. Upendra Narayan Mishra,Adv. Mr. Durga Dutt,Adv. Mr. Prakash Sharma,Adv. Mr. Dilip Annasaheb Taur, AOR Mr. Rajul Shrivastav,Adv. Mr. Mohit D. Ram, AOR Ms. Monisha Handa,Adv. Mr. Sachin Kaushal,Adv. Mr. Bhagirath N. Patel,Adv. For Respondent(s) For Union of India Mr. Tushar Mehta,SG Mr. Rajat Nair,Adv. Ms. Swati Ghildiyal,Adv. Mr. Akshay Amritanshu,Adv. Mr. A.K. Sharma,Adv. Mr. Shubham Saurav,Adv. Ms. Vanshaja Shukla,Adv. For RBI Mr. Jaideep Gupta,Sr.Adv. Mr. Kuldeep S. Parihar,Adv. Mr. H.S. Parihar, AOR Ms. Ikshita Parihar,Adv. In SLP.27645/15 Mr. Shekhar Naphade,Sr.Adv. (For Cosmos Bank) Mr. Shivaji M. Jadhav, AOR Mr. Nicholas Choudhary,Adv. Mr. Aditya P. Khanna,Adv. 10
Mr. Aditya S. Jadhav,Adv. Mr. Shiv Ram Pandey,Adv. Mr. S. Lakshmi Iyer,Adv. Ms. Aishwarya Dash,Adv. Mr. Chinmoy Khaladkar,Adv. For M/s. S.M. Jadhav and Company In C.A.10871/10 Mr. Shekhar Naphade,Sr.Adv. Mr. Rutwik Panda, AOR Ms. Nikhar Berry,Adv. Ms. Anshu Malik,Adv. (For Baripada Urban Co-op. Bank) In SLP.5684/2009, Mr. Vijay Hansaria,Sr.Adv. WP.754/14 Mr. M.Y. Deshmukh, AOR Ms. Manjeet Kirpal,Adv. Mr. Avanish Pandey,Adv. Ms. Sneha Kalita,Adv. (For Maharashtra State Cooperative Bank) In CA.5674/09, W.P.386/12, 284/13, 922/13, 142/14, 421/14, 26/15, 247/16 & 858/15 Mr. Vinay Navare,Sr.Adv. Ms. Gwen Karthika,Adv. Ms. Abha R. Sharma, AOR (For Co-op. Banks/Multi State Co-op. Banks) Mr. Ritin Rai,Sr.Adv. Mr. P. S. Sudheer, AOR Mr. Rishi Maheshwari,Adv. Mrs. Mayuri Nayyar Chawla,Adv. Ms. Anne Mathew,Adv. Mr. Bharat Sood,Adv. Ms. Shruti Jose,Adv. Mr. Amar Dave,Adv. In SLP.7694/2015 Mr. Vishwas K. Shah,Adv. Massom K. Shah,Adv. Mr. Anup Jain, AOR Mr. Udit Gupta,Adv. Mr. Pulkit Tare,Adv. Mr. Ashok Panigrahi,Adv. Mr. Apoorv Kurup,Adv. Ms. Upama Bhattacharjee,Adv. Ms. Nidhi Mittal,Adv. Mrs. Anil Katiyar, AOR 11
Mr. Pratap Venugopal,Adv. Ms. Surekha Raman,Adv. Ms. Ayushi Gaur,Adv. Mr. Akhil Abraham Roy,Adv. Mr. Vijay Valsan,Adv. For M/S. K.J. John and Co. Mr. A.N. Arora, AOR Mr. Piyush Sharma, AOR Mr. M.T. George, AOR Mrs. Susy Abraham,Adv. Mr. Johns George,Adv. Mr. Aniruddha P. Mayee, AOR Mr. A. Rajarajan,Adv. Ms. N. Annapoorani, AOR Mr. D. Bharat Kumar,Adv. Mr. Prasanna Kumar Parhi,Adv. Mr. Tadimalla Baskar Gowtham,Adv. Mr. Aman Shukla,Adv. Mr. D.V. Raghu Vamsu,Adv. Mr. Siddhartha Sinha,Adv. Mr. Hathindra Manda,Adv. Mr. Abhijit Sengupta, AOR Mr. Anil Kumar Mishra, AOR Ms. Praveena Gautam, AOR Mr. Pawan Shukla,Adv. Ms. Sweety Pandey,Adv. Mr. Raja Ram,Adv. Mr. M. Khairati,Adv. Mr. Irshad Ahmad, AOR Mr. Aniruddha Joshi,Adv. Mr. Rajeev Maheshwaranand Roy, AOR Gunjan Kumar,Adv. Mr. P. Srinivasan,Adv. Mr. Navjeet Giri,Adv. Mr. Rajeev K. Panday,Adv. Mr. V.N. Raghupathy, AOR Mr. Manendra Pal Gupta,Adv. Mr. S.N. Bhat, AOR 12
Ms. Hemantika Wahi, AOR Mr. Chinmoy Khaladkar,Adv. Ms. Neha Sharma,Adv. Mr. Deeptakirti Verma, AOR Mr. Rajiv Shankar Dvivedi, AOR Ms. Anuradha Mutatkar, AOR Ms. Usha Singh,Adv. Ms. Nidhi Saini,Adv. Mr. Siddharth Mittal, AOR Mr. Arun Aggarwal, AOR Mr. Ankur Prakash, AOR Mr. Praveen Chaturvedi, AOR Dr. Lalit Bhasin,Adv. Ms. Nina Gupta,Adv. Ms. Palak Chadha,Adv. Ms. Ruchika Joshi,Adv. Mr. P.V. Yogeswaran, AOR Ms. Asha Gopalan Nair, AOR Mr. Sudhanshu S. Choudhari, AOR Mr. Rameshwar Prasad Goyal, AOR Mr. Debmalya Banerjee,Adv. Mr. Kartik Bhatnagar,Adv. Mr. Rohan Sharma,Adv. Mr. A.S. Aman,Adv. Mr. Ujjwal Singh,Adv. Vandaan Wanchoo,Adv. For M/S. Karanjawala & Co., AOR Mr. Soumyajit Pani,Adv. Mr. Chittaranjan Singh,Adv. For Mr. Vinodh Kanna B., AOR Mr. A. Venayagam Balan, AOR Mr. P.I. Jose, AOR Mr. Prashant K. Sharma,Adv. Mr. Jenis Francis,Adv. Mr. Ravi Sagar,Adv. Mr. Anupam Mishra,Adv. 13
Mr. Hari Kumar V.,Adv. Mr. Siddhesh Kotwal,Adv. Ms. Bansuri Swaraj,Adv. Mr. Nirnimesh Dube, AOR Ms. Astha Sharma,Adv. Ms. Arshiya Ghose,Adv. Mr. Divyansh Tiwari,Adv. Ms. Ana Upadhyay,Adv. Mr. Rajesh Mahale, AOR Mr. Arjun Krishnan, AOR Mr. Ankur Singh,Adv. Mr. Shourya Bari,Adv. Mr. Aaditya A. Pande,Adv. Mr. Chander Shekhar Ashri, AOR Mr. Chandrashekhar A. Chakalabbi,Adv. Mr. Awanish Kumar,Adv. Mr. S.K. Pandey,Adv. Mr. Anshul Rai,Adv. For M/s. Dharmaprabhas Law Associates Mr. B.K. Pal, AOR Mr. G. Prakash, AOR Mr. Jishnu M.L.,Adv. Mrs. Priyanka Prakash,Adv. Mrs. Beena Prakash,Adv. Mr. P.V. Dinesh, AOR Mr. Uday B. Dube, AOR Mr. Y. Raja Gopala Rao, AOR Ms. Vismai Rao,Adv. Mr. Sanjeev Kumar, AOR Mr. Pankaj Tikde,Adv. Mr. Sanjay Kumar,Adv. Mr. H.K. Naik,Adv. Mr. Rajnish K.,Adv. Mr. Awanish Kumar,Adv. Mr. Ajay Amritraj,Adv. Mr. Arvind Kr. Sharma,Adv. Mr. Aniteja Sharma,Adv. Mr. Raj Kishor Choudhary, AOR 14
Mr. Rohit K. Singh, AOR Mr. Uday Tiwary,Adv. Mr. P.N. Razdan,Adv. Mr. Mirza Kayesh Begg,Adv. Ms. Anshruta Maheshwari,Adv. Ms. Usha Nandini. V, AOR Mr. Bineesh Karat,Adv. Mr. Biju P. Raman,Adv. Mr. M.S. Vishnu Sankar,Adv. Ms. Athira G. Nair,Adv. Mr. Sonal Jain, AOR Mr. Kumar Shashank,Adv. Ms. Rukhmini Bobde,Adv. Mr. Aviral Kapoor,Adv. Ms. Shagufa Salim,Adv. Mr. Nivesh Kumar,Adv. Ms. Riya Dhingra,Adv. Mr. Satyavir Yadav,Adv. Mr. Vishal Prasad, AOR Mr. Anil Nag, AOR Mr. Arjun Vinod Bobde,Adv. Ms. Richa Relhan,Adv. Mr. Sathak Bhatia,Adv. S. Bushra Kazim,Adv. Mr. Rajat Joseph, AOR Mr. Suresh Dutt Dobhal, AOR Mr. Anil Kumar Sangal, AOR Mr. Harish Pandey, AOR Ms. Pratibha Jain, AOR Mr. Vijay Kumar, AOR Mr. Dharmendra Kumar Sinha, AOR Mr. Shashibhushan P. Adgaonkar,Adv. Mr. Rahul Chitnis,Adv. Mr. Sachin Patil,Adv. Mr. T.L.V. Rama Chari,Adv. Mr. Hitesh Kumar Sharma,Adv. Mr. Akhileshwar Jha,Adv. Mr. T. Ramamurty,Adv. 15
Ms. Sushma Suri,Adv. Mr. Shreekant N. Terdal,Adv. Mr. Tanvir Nayar,Adv. Mr. Praful Sinha,Adv. Mr. Manoj Kr. Mishra,AOR * M/s. Udit Kishan Associates, AOR (Appearance slip not given) UPON hearing the counsel the Court made the following O R D E R Heard Mr. Tushar Mehta, learned Solicitor General of India, Mr. Shekhar Naphade, Mr. Vijay Hansaria and Mr. Vinay Navre, learned senior counsel, Mr. Devansh A. Mohta, and Mr. Vikas Mehta, learned counsel, at length. Hearing concluded. Judgment reserved. Written submission, if any, be filed by 07.03.2020. (NARENDRA PRASAD) (JAGDISH CHANDER) A.R-CUM-P.S. COURT MASTER 16
ITEM NO.501 COURT NO.3 SECTION IX (PART HEARD) S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No(s). 5674/2009 PANDURANG GANPATI CHAUGULE Appellant(s) VERSUS VISHWASRAO PATIL MURGUD SAHAKARI BANK L. & ANR. Respondent(s) (I.A. NO. FOR INTERVENTION APPLICATION ON IA 54612/2018 IA No. 54612/2018 - INTERVENTION APPLICATION) WITH C.A. No. 5684/2009 (IX) C.A. No. 5682/2009 (IX) C.A. No. 5681/2009 (IX) C.A. No. 10871/2010 (XI-A) C.A. No. 5675/2009 (IX) SLP(C) No. 25930/2009 (IX) (WITH I.A. DIARY NO.41714/2020 - APPLN(S) FOR SUBSTITUTION) C.A. No. 4391/2010 (XI-A) (IA No. 46810/2018 - EXEMPTION FROM FILING O.T. IA No. 46809/2018 - STAY APPLICATION) SLP(C) No. 24309/2010 (III) C.A. No. 7410/2010 (III) SLP(C) No. 29859/2010 (III) W.P.(C) No. 318/2010 (X) SLP(C) No. 7295-7298/2011 (IV-A) W.P.(C) No. 41/2011 (X) W.P.(C) No. 220/2011 (X) W.P.(C) No. 293/2011 (X) W.P.(C) No. 306/2011 (X) SLP(C) No. 22304-22305/2011 (III) W.P.(C) No. 338/2011 (X) W.P.(C) No. 375/2011 (X) SLP(C) No. 24479-24480/2011 (III) W.P.(C) No. 122/2012 (X) (FOR VACATING STAY ON IA 2/2015 IA No. 2/2015 - VACATING STAY) W.P.(C) No. 199/2012 (X) SLP(C) No. 24276/2012 (IV-A) W.P.(C) No. 250/2012 (X) 1
W.P.(C) No. 291/2012 (X) W.P.(C) No. 386/2012 (X) (FOR ON IA 3/2015) W.P.(C) No. 487/2012 (X) W.P.(C) No. 537/2012 (X) W.P.(C) No. 554/2012 (X) W.P.(C) No. 36/2013 (X) (IA No. 1/2013 - STAY APPLICATION) W.P.(C) No. 146/2013 (X) W.P.(C) No. 138/2013 (X) W.P.(C) No. 179/2013 (X) W.P.(C) No. 192/2013 (X) W.P.(C) No. 191/2013 (X) W.P.(C) No. 112/2013 (X) W.P.(C) No. 111/2013 (X) W.P.(C) No. 151/2013 (X) W.P.(C) No. 175/2013 (X) W.P.(C) No. 181/2013 (X) SLP(C) No. 15634-15635/2013 (IV-A) SLP(C) No. 12916/2013 (XI-A) W.P.(C) No. 201/2013 (X) W.P.(C) No. 233/2013 (X) W.P.(C) No. 236/2013 (X) W.P.(C) No. 238/2013 (X) W.P.(C) No. 253/2013 (X) W.P.(C) No. 250/2013 (X) W.P.(C) No. 248/2013 (X) W.P.(C) No. 271/2013 (X) W.P.(C) No. 265/2013 (X) W.P.(C) No. 270/2013 (X) SLP(C) No. 17054/2013 (III) SLP(C) No. 18777/2013 (III) SLP(C) No. 18775/2013 (III) W.P.(C) No. 279/2013 (X) W.P.(C) No. 266/2013 (X) W.P.(C) No. 280/2013 (X) W.P.(C) No. 284/2013 (X) W.P.(C) No. 353/2013 (X) W.P.(C) No. 469/2013 (X) W.P.(C) No. 452/2013 (X) W.P.(C) No. 588/2013 (X) SLP(C) No. 29720/2013 (III) SLP(C) No. 29721/2013 (III) W.P.(C) No. 758/2013 (X) W.P.(C) No. 762/2013 (X) W.P.(C) No. 761/2013 (X) W.P.(C) No. 800/2013 (X) W.P.(C) No. 753/2013 (X) W.P.(C) No. 819/2013 (X) SLP(C) No. 35137/2013 (III) W.P.(C) No. 922/2013 (X) W.P.(C) No. 1007/2013 (X) W.P.(C) No. 5/2014 (X) 2
W.P.(C) No. 10/2014 (X) W.P.(C) No. 1037/2013 (X) W.P.(C) No. 1044/2013 (X) W.P.(C) No. 1043/2013 (X) W.P.(C) No. 1045/2013 (X) W.P.(C) No. 40/2014 (X) W.P.(C) No. 142/2014 (X) W.P.(C) No. 169/2014 (X) W.P.(C) No. 168/2014 (X) W.P.(C) No. 352/2014 (X) SLP(C) No. 17935/2015 (III) S.L.P.(C)...CC No. 7586/2014 (IV-A) W.P.(C) No. 408/2014 (X) (IA No. 65562/2019 - DISCHARGE OF ADVOCATE ON RECORD) W.P.(C) No. 420/2014 (X) W.P.(C) No. 421/2014 (X) W.P.(C) No. 492/2014 (X) W.P.(C) No. 712/2014 (X) W.P.(C) No. 714/2014 (X) W.P.(C) No. 795/2014 (X) W.P.(C) No. 754/2014 (X) W.P.(C) No. 827/2014 (X) (IA No. 68801/2019 - DISCHARGE OF ADVOCATE ON RECORD) W.P.(C) No. 849/2014 (X) (IA No. 68803/2019 - DISCHARGE OF ADVOCATE ON RECORD) W.P.(C) No. 838/2014 (X) SLP(C) No. 32589/2014 (XIV) (FOR CLARIFICATION/DIRECTION ON IA 83622/2018 IA No. 83622/2018 - CLARIFICATION/DIRECTION) W.P.(C) No. 26/2015 (X) W.P.(C) No. 1020/2014 (X) W.P.(C) No. 86/2015 (X) SLP(C) No. 7694/2015 (III) ( FOR WITHDRAWAL OF CASE / APPLICATION ON IA 54845/2018 IA No. 54845/2018 - WITHDRAWAL OF CASE / APPLICATION) W.P.(C) No. 186/2015 (X) W.P.(C) No. 733/2015 (X) W.P.(C) No. 131/2015 (X) (IA No. 1/2015 - STAY APPLICATION) W.P.(C) No. 264/2015 (X) (IA No. 4/2015 - RECALLING THE COURTS ORDER IA No. 1/2015 - STAY APPLICATION) W.P.(C) No. 247/2016 (X) (FOR FOR STAY APPLICATION ON IA 1/2016 FOR DISPENSING WITH SERVICE OF NOTICE [SEEKING INTERIM DIRECTIONS] ON IA 2/2016 FOR APPROPRIATE ORDERS/DIRECTIONS ON IA 100141/2017 FOR PERMISSION TO FILE ADDITIONAL DOCUMENTS ON IA 102109/2017 FOR CLARIFICATION/DIRECTION ON IA 16266/2018 IA No. 2/2016 - DISPENSING WITH SERVICE OF NOTICE 3
IA No. 102109/2017 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES IA No. 1/2016 - STAY APPLICATION) SLP(C) No. 27645/2015 (III) W.P.(C) No. 868/2015 (X) W.P.(C) No. 858/2015 (X) W.P.(C) No. 14/2018 (X) W.P.(C) No. 68/2018 (X) W.P.(C) No. 1062/2018 (X) (IA No. 127639/2018 - EX-PARTE STAY) W.P.(C) No. 1173/2018 (X) (IA No. 22803/2020 - CLARIFICATION/DIRECTION IA No. 138731/2018 - STAY APPLICATION) W.P.(C) No. 1231/2018 (X) (FOR ADMISSION) W.P.(C) No. 1437/2018 (X) (IA No.173388/2018-APPROPRIATE ORDERS/DIRECTIONS IA No. 173388/2018 - APPROPRIATE ORDERS/DIRECTIONS) SLP(C) No. 1877/2019 (IV-A) (FOR APPLICATION FOR VACATION OF INTERIM ORDER ON IA 69137/2019 IA No. 69137/2019 - APPLICATION FOR VACATION OF INTERIM ORDER) C.A. No. 6662/2019 (III) (IA No. 14745/2020 - APPLICATION FOR TAGGING/DETAGGING IA No. 183121/2019 - EARLY HEARING APPLICATION) C.A. No. 1980-1983/2019 (IV-A) (IA No. 25366/2019 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) W.P.(C) No. 253/2019 (X) (FOR ADMISSION and IA No.36308/2019-STAY APPLICATION) W.P.(C) No. 254/2019 (X) (FOR CLARIFICATION/DIRECTION ON IA 66635/2019 IA No. 66635/2019 - CLARIFICATION/DIRECTION) W.P.(C) No. 439/2019 (X) (FOR ADMISSION and I.R. and IA No.57155/2019-EX-PARTE STAY and IA No.57157/2019-EXEMPTION FROM FILING O.T. IA No. 57155/2019 - EX-PARTE STAY IA No. 57157/2019 - EXEMPTION FROM FILING O.T.) W.P.(C) No. 431/2019 (X) (IA No. 56238/2019 - STAY APPLICATION) W.P.(C) No. 567/2019 (X) W.P.(C) No. 736/2019 (X) (FOR ADMISSION and IA No.87224/2019-STAY APPLICATION IA No. 87224/2019 - STAY APPLICATION) W.P.(C) No. 752/2019 (X) (IA No. 88213/2019 - EX-PARTE STAY) 4
W.P.(C) No. 910/2019 (X) (FOR ADMISSION and IA No.103953/2019-STAY APPLICATION) W.P.(C) No. 1027/2019 (X) (FOR ADMISSION and IA No.120866/2019-EX-PARTE STAY) W.P.(C) No. 1043/2019 (X) (IA No. 122572/2019 - EX-PARTE STAY IA No. 122574/2019 - EXEMPTION FROM FILING O.T.) W.P.(C) No. 1035/2019 (X) (IA No. 121770/2019 - EX-PARTE STAY IA No. 121771/2019 - EXEMPTION FROM FILING O.T.) W.P.(C) No. 1232/2019 (X) (IA No. 149676/2019 - EX-PARTE STAY IA No. 149680/2019 - EXEMPTION FROM FILING O.T.) W.P.(C) No. 1355/2019 (X) (IA No. 173398/2019 - EX-PARTE STAY) W.P.(C) No. 1331/2019 (X) (IA No. 1749/2020 - MODIFICATION OF COURT ORDER) W.P.(C) No. 1339/2019 (X) (IA No.170837/2019-EX-PARTE STAY IA No. 170837/2019 - EX-PARTE STAY) W.P.(C) No. 1353/2019 (X) (IA No. 8394/2020 - MODIFICATION) W.P.(C) No. 31/2020 (X) (FOR ADMISSION and IA No.3580/2020-STAY APPLICATION) W.P.(C) No. 62/2020 (X) (FOR ADMISSION and IA No.6689/2020-EX-PARTE STAY and IA No.6690/2020-EXEMPTION FROM FILING O.T.) W.P.(C) No. 72/2020 (X) (FOR ADMISSION and IA No.7697/2020-STAY APPLICATION) W.P.(C) No. 134/2020 (X) (IA No. 22981/2020 - MODIFICATION) W.P.(C) No. 207/2020 (X) (FOR ADMISSION and IA No.14392/2020-STAY APPLICATION and IA No.14393/2020-EXEMPTION FROM FILING O.T.) W.P.(C) No. 271/2020 (X) (IA No. 22447/2020 - STAY APPLICATION) W.P.(C) No. 289/2020 (X) (FOR ADMISSION and IA No.23930/2020-STAY APPLICATION) 5
W.P.(C) No. 292/2020 (X) (IA No. 24077/2020 - STAY APPLICATION) W.P.(C) No. 373/2020 (X) (FOR ADMISSION and IA No.34374/2020-STAY APPLICATION) Date : 04-03-2020 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE ARUN MISHRA HON'BLE MS. JUSTICE INDIRA BANERJEE HON'BLE MR. JUSTICE VINEET SARAN HON'BLE MR. JUSTICE M.R. SHAH HON'BLE MR. JUSTICE ANIRUDDHA BOSE For Appellant(s)/Petitioner(s) In SLP.17054, 18777 & 18775/2013 Mr. Tushar Mehta,Sr.Adv. Mr. Mahesh Agarwal,Adv. Mr. Ankur Saigal,Adv. Mr. Vikrant Pachnanda,Adv. Mr. Utkarsh Pratap,Adv. Mr. E. C. Agrawala, AOR In W.P.487/2012 & 142/2014 Mr. Devansh A. Mohta,Adv. Mr. Shishir Deshpande, AOR Ms. Sujata Kurdukar, AOR Mr. Nilakanta Nayak,Adv. Mr. Amit Yadav,Adv. In WP. 1355/2019 Mr. Devansh A. Mohta,Adv. Mr. Mrigank Prabhakar, AOR Ms. Sakshi Banga,Adv. Mr. Gautam Prabhakar,Adv. In WP.36/13 Mr. Devansh A. Mohta,Adv. Mr. Gaurav Nair,Adv. Ms. Sanika Mehra,Adv. Ms. Pranati Bhatnagar,Adv. Mr. Kritya Sinha,Adv. Mr. Varun Singh, AOR In WP.386/2012 Mr. Vikas Mehta, AOR Mr. Apoorv Khator,Adv. In WP.41/11, 220/11, 375/11, 250/12, 291/12, 146/13, 26/15 & 247/16 Mr. Satpal Singh, AOR Ms. Seema Thapiyal,Adv. 6
Mr. Jayant Muthraj,Sr.Adv. Mr. Jaimon Andrews,Adv. Mr. K. Prajagopal,Adv. Piyo Harold Jaimon,Adv. Mr. Sandeep Thakur,Adv. Mr. Naresh Kumar, AOR Mr. S. Wasim A. Qadri,Sr.Adv. Mr. Zaid Ali Subzposh,Adv. Mr. Tamim Qadri,Adv. Mr. Lakshmi Raman Singh, AOR Mr. Saeed Qadri,Adv. Mr. Vineet Bhagat, AOR Mr. Nikhil Goel, AOR Mr. S.K. Kulkarni,Adv. Mr. M. Gireesh Kumar,Adv. Mr. Ankur S. Kulkarni, AOR Mr. M. P. Vinod, AOR Mr. Atul Shankar Vinod,Adv. Mr. Dileep Pillai,Adv. Mr. Ajay Kumar Jain,Adv. Mr. Sajith P.,Adv. Mr. Kannan Gopal Vinod,Adv. Mr. Chinmoy Khaladkar,Adv. Mr. Sanjay Kharde,Adv. Ms. Chandan Ramamurthi, AOR Ms. Charu Mathur, AOR Mr. Yadav Narender Singh, AOR Ms. E. R. Sumathy, AOR Mr. Sarad Kumar Singhania, AOR Ms. Bansuri Swaraj,Adv. Mr. Siddesh Kotwal,Adv. Ms. Vanshaja Shukla, AOR Mr. Irshad Ahmad, AOR Mr. Rameshwar Prasad Goyal, AOR Mr. Harish Pandey, AOR Mr. H. Chandra Sekhar, AOR Mrs. Rekha Chandra Sekhar,Adv. 7
Mr. Karri Venkata Reddy,Adv. Mr. Chirag M. Shroff, AOR Ms. Yashika Verma,Adv. Ms. Abhilasha Bharti,Adv. Mr. N.D.B. Raju,Adv. Ms. Bharathi Raju,Adv. Mr. M. A. Chinnasamy, AOR Mr. Arvind Gupta, AOR Mr. Amol Nirmalkumar Suryawanshi, AOR Mr. S. Sadasiva Reddy,Adv. Mr. Karri Venkata Reddy,Adv. Mrs. S. Usha Reddy, AOR Mr. Santosh Krishnan, AOR Ms. Rakhi Ray, AOR Mr. Abhay Kumar, AOR Mr. Vineet Kumar Singh,Adv. Mr. Kumar Kashyap,Adv. Mr. Kumar Milind,Adv. Mr. Vishal Nautiyal,Adv. Mr. M.J. Paul, AOR Mr. Renjith. B, AOR Mrs. Lakshmi N. Kaimal,Adv. Mr. Jayakrishnan U.,Adv. Mr. Mahendra Kumawat,Adv. Mr. Subodh S. Patil, AOR Ms. Supriya Patil,Adv. Mr. Ajay Kumar Singh,Adv. Mr. Lokesh Kumar Chaudhary,Adv. Mr. Garvesh Kabra, AOR Mrs. Pooja Kabra,Adv. Ms. Nikita Kabra,Adv. Mr. Anup Lohiya,Adv. Mr. Adarsh Upadhyay,Adv. Mr. Abhishek Chaudhary,Adv. Mr. Anurag Kishore,Adv. Mirdula Kanti Sinha,Adv. Mr. Hitesh Kumar Sharma,Adv. Mr. S.K. Rajora,Adv. Mr. Akhileshwar Jha,Adv. 8
Ms. Mamta Upadhyaya,Adv. Mr. Kusum Chaudhary, AOR Mr. Atul Babasaheb Dakh, AOR Mrs. Pragya Baghel, AOR Mr. Ajay Majithia,Adv. Mr. Satyajit A. Desai,Adv. Ms. Anagha S. Desai, AOR Mr. Bankey Bihari Sharma, AOR Mr. Rabin Majumder, AOR Mr. Abhishek Agarwal, AOR Mr. A. Venayagam Balan, AOR Mr. Gaurav Agrawal, AOR Mr. Vijay Kumar, AOR Mr. Bharat L. Gandhi,Adv. Mrs. Vithika Garg,Adv. Vidushi Garg,Adv. Ms. Garima Prashad, AOR Mr. Suresh Chandra Tripathy, AOR Mr. Anirudh Sanganeria, AOR Mr. Sarbendra Kumar,Adv. Mr. B. Vishwanath Bhandarkar,Adv. Mr. Karunakar Mahalik, AOR Mr. Upendra Narayan Mishra,Adv. Mr. Durga Dutt,Adv. Mr. Dilip Annasaheb Taur, AOR Mr. Rajul Shrivastav,Adv. Mr. Mohit D. Ram, AOR Mr. Gautam Das,Adv. Mr. Sunil Kumar Sethi,Adv. Mr. Lalit Rana,Adv. Mr. Sapan Bebarta,ADv. Ms. Vandna Miglani,Adv. Ms. Subasini Sethy,Adv. Mr. Akash Kaushik,Adv. Mr. Sudhansu Palo,Adv. For Respondent(s) 9
For Union of India Mr. Tushar Mehta,SG Ms. Vibha Datta Makhija,Sr.Adv. Mr. A.K. Sanghi,Sr.Adv. Mr. Apoorva Kurup,Adv. Mr. P.V. Yogeswaran,Adv. Mr. Kanu Agrawal,Adv. Mr. Sandeep Kr. Mahapatra,Adv. Mr. G.S. Makker,Adv. Mr. Vijay Prakash,Adv. Mr. Rajat Nair,Adv. Ms. Swarupama Chaturvedi,Adv. Ms. Swati Ghildiyal,Adv. Mr. Akshay Amritanshu,Adv. Mr. A.K. Sharma,Adv. Mr. Shubham Saurav,Adv. For RBI Mr. Jaideep Gupta,Sr.Adv. Mr. Kuldeep S. Parihar,Adv. Mr. H.S. Parihar, AOR Ms. Ikshita Parihar,Adv. Ms. Anindita Mitra,Adv. Mr. Saurav Gupta,Adv. Mr. Abhishek Sankritik,Adv. Mr. Kunat Chatterjee,Adv. Ms. Srishti Ghoshal,Adv. In SLP.27645/15 Mr. Shekhar Naphade,Sr.Adv. (For Cosmos Bank) Mr. S. Lakshmi Iyer,Adv. Ms. Aishwarya Dash,Adv. For M/s. S.M. Jadhav and Company In C.A.10871/10 Mr. Shekhar Naphade,Sr.Adv. Mr. Rutwik Panda, AOR Ms. Nikhar Berry,Adv. Ms. Anshu Malik,Adv. In SLP.7694/2015 Mr. Vishwas K. Shah,Adv. Massom K. Shah,Adv. Mr. Anup Jain, AOR Mr. Abhishek Baid,Adv. Mr. Pulkit Tare,Adv. Mr. Udit Gupta,Adv. In SLP.5684/2009, Mr. Vijay Hansaria,Sr.Adv. WP.754/14 Mr. M.Y. Deshmukh, AOR Ms. Manjeet Kirpal,Adv. Mr. Avanish Pandey,Adv. (For Maharashtra State Cooperative Bank) Mr. Vinay Navare,Sr.Adv. Ms. Gwen Karthika,Adv. 10
Ms. Abha R. Sharma, AOR Mr. Ritin Rai,Sr.Adv. Mr. P. S. Sudheer, AOR Mr. Rishi Maheshwari,Adv. Mrs. Mayuri Nayyar Chawla,Adv. Ms. Anne Mathew,Adv. Mr. Bharat Sood,Adv. Ms. Shruti Jose,Adv. Mr. Amar Dave,Adv. Mr. Rishi Maheshwari,Adv. Ms. Anne Mathew,Adv. Ms. Shruti Jose,Adv. Mr. Ashok Panigrahi,Adv. Mr. Apoorv Kurup,Adv. Ms. Upama Bhattacharjee,Adv. Mrs. Anil Katiyar, AOR Mr. Pratap Venugopal,Adv. Ms. Surekha Raman,Adv. Ms. Ayushi Gaur,Adv. Mr. Akhil Abraham Roy,Adv. Mr. Vijay Valsan,Adv. For M/S. K.J. John and Co. Mr. A.N. Arora, AOR Mr. Piyush Sharma, AOR Mr. M. T. George, AOR Mrs. Susy Abraham,Adv. Mr. Johns George,Adv. Mr. Aniruddha P. Mayee, AOR Mr. A. Rajarajan,Adv. Mrs. Rajani K. Prasad,Adv. Ms. N. Annapoorani, AOR Mr. D. Bharat Kumar,Adv. Mr. Prasanna Kumar Parhi,Adv. Mr. Tadimalla Baskar Gowtham,Adv. Mr. Aman Shukla,Adv. Mr. Abhijit Sengupta, AOR Mr. Anil Kumar Mishra, AOR Ms. Praveena Gautam, AOR Mr. Pawan Shukla,Adv. Ms. Sweety Pandey,Adv. Mr. Raja Ram,Adv. 11
Mr. M. Khairati,Adv. Mr. Irshad Ahmad, AOR Mr. Aniruddha Joshi,Adv. Mr. Gunjan Kumar,Adv. Mr. Rajeev Maheshwaranand Roy, AOR Mr. P. Srinivasan,Adv. Mr. Navjeet Giri,Adv. Mr. V.N. Raghupathy, AOR Mr. Manendra Pal Gupta,Adv. Mr. S.N. Bhat, AOR Ms. Hemantika Wahi, AOR Ms. Neha Sharma,Adv. Mr. Deeptakirti Verma, AOR Mr. Rajiv Shankar Dvivedi, AOR Ms. Anuradha Mutatkar, AOR Ms. Usha Singh,ADv. Ms. Nidhi Saini,Adv. Mr. Siddharth Mittal, AOR Mr. Arun Aggarwal, AOR Ms. Anshika Agarwal,Adv. Mr. Anindiya Prosad Komar,Adv. Mr. Ankur Prakash, AOR Mr. Praveen Chaturvedi, AOR Mr. Shivaji M. Jadhav, AOR Dr. Lalit Bhasin,Adv. Ms. Nina Gupta,Adv. Ms. Palak Chadha,Adv. Ms. Ruchika Joshi,Adv. Mr. P.V. Yogeswaran, AOR Ms. Asha Gopalan Nair, AOR Mr. Sudhanshu S. Choudhari, AOR Mr. Rameshwar Prasad Goyal, AOR Mr. Debmalya Banerjee,Adv. Mr. Kartik Bhatnagar,Adv. Mr. Rohan Sharma,Adv. Mr. A.S. Aman,Adv. 12
Mr. Ujjwal Singh,Adv. Vandaan Wanchoo,Adv. For M/S. Karanjawala & Co., AOR Mr. Soumyajit pani,Adv. Mr. Chittaranjan Singh,Adv. Mr. Vinodh Kanna B., AOR Mr. A. Venayagam Balan, AOR Mr. P.I. Jose, AOR Mr. Prashant K. Sharma,Adv. Mr. Jenis Francis,Adv. Mr. Ravi Sagar,Adv. Mr. Siddhesh Kotwal,Adv. Ms. Bansuri Swaraj,Adv. Mr. Nirnimesh Dube, AOR Mr. Rajesh Mahale, AOR Mr. Arjun Krishnan, AOR Mr. Ankur Singh,Adv. Mr. Shourya Bari,Adv. Mr. Aaditya A. Pande,Adv. Mr. Chander Shekhar Ashri, AOR Mr. Chandrashekhar A. Chakalabbi,Adv. Mr. Awanish Kumar,Adv. Mr. S.K. Pandey,Adv. Mr. Anshul Rai,Adv. For M/s. Dharmaprabhas Law Associates, AOR Mr. Chinmoy Khaladkar,Adv. Mr. B. K. Pal, AOR Mr. G. Prakash, AOR Mr. P. V. Dinesh, AOR Mr. Uday B. Dube, AOR Mr. Y. Raja Gopala Rao, AOR Ms. Vismai Rao,Adv. Mr. Sanjeev Kumar, AOR Mr. Sanjay Kumar,Adv. Mr. H.K. Naik,Adv. Mr. Awanish Kumar,Adv. Mr. Rajnish K.,Adv. Mr. Ajay Amritraj,Adv. 13
Mr. Arvind Kr. Sharma,Adv. Mr. Aniteja Sharma,Adv. Mr. Raj Kishor Choudhary, AOR Mr. Rohit K. Singh, AOR Mr. Uday Tiwary,Adv. Mr. P.N. Razdan,Adv. Mr. Mirza Kayesh Begg,Adv. Ms. Anshruta Maheshwari,Adv. Ms. Usha Nandini. V, AOR Mr. Bineesh Karat,Adv. Mr. Biju P. Raman,Adv. Mr. M.S. Vishnu Sankar,Adv. Ms. Athira G. Nair,Adv. Mr. Sonal Jain, AOR Mr. Ishkaran Singh,Adv. Ms. Kajal Sharma,Adv. Ms. Rukhmini Bobde,Adv. Ms. Riya Dhingra,Adv. S. Salim,Adv. Mr. Satyaveer Yadav,Adv. N. Kumar,Adv. Mr. Aviral Kapoor,Adv. Mr. Amit Kumar Srivastav,Adv. Mr. Vishal Prasad, AOR Mr. Anil Nag, AOR Mr. Arjun Vinod Bobde,Adv. Ms. Richa Relhan,Adv. S. Bushra Kazim,Adv. Mr. Sathak Bhatia,Adv. Mr. Rajat Joseph, AOR Mr. Suresh Dutt Dobhal, AOR Mr. Shreeya Tandon,Adv. Mr. Anil Kumar Sangal, AOR Mr. Harish Pandey, AOR Ms. Pratibha Jain, AOR Mr. Vijay Kumar, AOR Mr. Bharat L. Gandhi,Adv. Mrs. Vithika Garg,Adv. Ms. Vidushi Garg,Adv. Ms. Karishma Singhal,Adv. Mr. Dharmendra Kumar Sinha, AOR 14
Mr. Shashibhushan P. Adgaonkar,Adv. Mr. Sachin Patil,Adv. Mr. Rahul Chitnis,Adv. Mr. Samrat Shinde,Adv. Mr. T.L.V. Rama Chari,Adv. Mr. Hitesh Kumar Sharma,Adv. Mr. Akhileshwar Jha,Adv. Mr. T. Ramamurty,Adv. Ms. Sushma Suri,Adv. Mr. Shreekant N. Terdal,Adv. Mr. Tanvir Nayar,Adv. Mr. Praful Sinha,Adv. UPON hearing the counsel the Court made the following O R D E R Application for substitution in SLP(C) No.25930/2009 is allowed. Mr. Devansh A. Mohta, learned counsel, resumed his argum ents at 10.45 A.M. and concluded at 11.40 A.M. Thereafter, Mr. Vishwas K. Shah, learned counsel, commenced his arguments and concluded at 11.55 A.M. Thereafter, Mr. Vikas Mehta, learned counsel, commenced his arguments and concluded at 12.05 P.M. Thereafter, Mr. Satpal Singh, learned counsel commenced his arguments and concluded at 12.10 P.M. Thereafter, Mr. Jaideep Gupta, learned senior counsel commenced his arguments and concluded at 02.25 P.M. Thereafter, Mr. Tushar Mehta, learned Solicitor General of India, commenced his arguments and concluded at 03.10 P.M. Thereafter, Mr. Shekhar Naphade, learned senior counsel, commenced his arguments and was on his legs when the Court rose for the day. For further hearing list on 05.03.2020, as part heard. (NARENDRA PRASAD) (JAGDISH CHANDER) A.R-CUM-P.S. COURT MASTER 15
1 ITEM NO.505 COURT NO.3 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No(s). 5674/2009 PANDURANG GANPATI CHAUGULE Appellant(s) VERSUS VISHWASRAO PATIL MURGUD SAHAKARI BANK L. & ANR. Respondent(s) (I.A.NO. FOR INTERVENTION APPLICATION ON IA 54612/2018 IA No. 54612/2018 - INTERVENTION APPLICATION) WITH C.A. No. 5684/2009 (IX) C.A. No. 5682/2009 (IX) (I.A. NO. 22981/2020 IN W.P. NO. 134/2020 AND I.A. NO. 8394/2020 IN W.P. NO. 1353/2019) C.A. No. 5681/2009 (IX) C.A. No. 10871/2010 (XI-A) C.A. No. 5675/2009 (IX) SLP(C) No. 25930/2009 (IX) C.A. No. 4391/2010 (XI-A) (IA No. 46810/2018 - EXEMPTION FROM FILING O.T. IA No. 46809/2018 - STAY APPLICATION) SLP(C) No. 24309/2010 (III) C.A. No. 7410/2010 (III) SLP(C) No. 29859/2010 (III) W.P.(C) No. 318/2010 (X) SLP(C) No. 7295-7298/2011 (IV-A) W.P.(C) No. 41/2011 (X) W.P.(C) No. 220/2011 (X) W.P.(C) No. 293/2011 (X) W.P.(C) No. 306/2011 (X)
2 SLP(C) No. 22304-22305/2011 (III) W.P.(C) No. 338/2011 (X) W.P.(C) No. 375/2011 (X) SLP(C) No. 24479-24480/2011 (III) W.P.(C) No. 122/2012 (X) (FOR VACATING STAY ON IA 2/2015 IA No. 2/2015 - VACATING STAY) W.P.(C) No. 199/2012 (X) SLP(C) No. 24276/2012 (IV-A) W.P.(C) No. 250/2012 (X) W.P.(C) No. 291/2012 (X) W.P.(C) No. 386/2012 (X) (FOR IA 3/2015) W.P.(C) No. 487/2012 (X) W.P.(C) No. 537/2012 (X) W.P.(C) No. 554/2012 (X) W.P.(C) No. 36/2013 (X) (IA No. 1/2013 - STAY APPLICATION) W.P.(C) No. 146/2013 (X) W.P.(C) No. 138/2013 (X) W.P.(C) No. 179/2013 (X) W.P.(C) No. 192/2013 (X) W.P.(C) No. 191/2013 (X) W.P.(C) No. 112/2013 (X) W.P.(C) No. 111/2013 (X) W.P.(C) No. 151/2013 (X) W.P.(C) No. 175/2013 (X) W.P.(C) No. 181/2013 (X) SLP(C) No. 15634-15635/2013 (IV-A)
3 SLP(C) No. 12916/2013 (XI-A) W.P.(C) No. 201/2013 (X) W.P.(C) No. 233/2013 (X) W.P.(C) No. 236/2013 (X) W.P.(C) No. 238/2013 (X) W.P.(C) No. 253/2013 (X) W.P.(C) No. 250/2013 (X) W.P.(C) No. 248/2013 (X) W.P.(C) No. 271/2013 (X) W.P.(C) No. 265/2013 (X) W.P.(C) No. 270/2013 (X) SLP(C) No. 17054/2013 (III) SLP(C) No. 18777/2013 (III) SLP(C) No. 18775/2013 (III) W.P.(C) No. 279/2013 (X) W.P.(C) No. 266/2013 (X) W.P.(C) No. 280/2013 (X) W.P.(C) No. 284/2013 (X) W.P.(C) No. 353/2013 (X) W.P.(C) No. 469/2013 (X) W.P.(C) No. 452/2013 (X) W.P.(C) No. 588/2013 (X) SLP(C) No. 29720/2013 (III) SLP(C) No. 29721/2013 (III) W.P.(C) No. 758/2013 (X) W.P.(C) No. 762/2013 (X)
4 W.P.(C) No. 761/2013 (X) W.P.(C) No. 800/2013 (X) W.P.(C) No. 753/2013 (X) W.P.(C) No. 819/2013 (X) SLP(C) No. 35137/2013 (III) W.P.(C) No. 922/2013 (X) W.P.(C) No. 1007/2013 (X) W.P.(C) No. 5/2014 (X) W.P.(C) No. 10/2014 (X) W.P.(C) No. 1037/2013 (X) W.P.(C) No. 1044/2013 (X) W.P.(C) No. 1043/2013 (X) W.P.(C) No. 1045/2013 (X) W.P.(C) No. 40/2014 (X) W.P.(C) No. 142/2014 (X) W.P.(C) No. 169/2014 (X) W.P.(C) No. 168/2014 (X) W.P.(C) No. 352/2014 (X) SLP(C) No. 17935/2015 (III) S.L.P.(C)...CC No. 7586/2014 (IV-A) W.P.(C) No. 408/2014 (X) (I.A.No. 65562/2019 - application for discharge of advocate) IA No. 65562/2019 - DISCHARGE OF ADVOCATE ON RECORD) W.P.(C) No. 420/2014 (X) W.P.(C) No. 421/2014 (X) W.P.(C) No. 492/2014 (X) W.P.(C) No. 712/2014 (X) W.P.(C) No. 714/2014 (X)
5 W.P.(C) No. 795/2014 (X) W.P.(C) No. 754/2014 (X) W.P.(C) No. 827/2014 (X) (I.A.No. 68801/2019 for discharge of Advocate) IA No. 68801/2019 - DISCHARGE OF ADVOCATE ON RECORD) W.P.(C) No. 849/2014 (X) (IA No. 68803/2019 - DISCHARGE OF ADVOCATE ON RECORD) W.P.(C) No. 838/2014 (X) SLP(C) No. 32589/2014 (XIV) (FOR CLARIFICATION/DIRECTION ON IA 83622/2018 IA No. 83622/2018 - CLARIFICATION/DIRECTION) W.P.(C) No. 26/2015 (X) W.P.(C) No. 1020/2014 (X) W.P.(C) No. 86/2015 (X) SLP(C) No. 7694/2015 (III) (FOR WITHDRAWAL OF CASE / APPLICATION ON IA 54845/2018 IA No. 54845/2018 - WITHDRAWAL OF CASE / APPLICATION) W.P.(C) No. 186/2015 (X) W.P.(C) No. 733/2015 (X) W.P.(C) No. 131/2015 (X) IA No. 1/2015 - STAY APPLICATION) W.P.(C) No. 264/2015 (X) (IA No. 4/2015 - RECALLING THE COURTS ORDER IA No. 1/2015 - STAY APPLICATION) W.P.(C) No. 247/2016 (X) (FOR FOR STAY APPLICATION ON IA 1/2016 FOR DISPENSING WITH SERVICE OF NOTICE [SEEKING INTERIM DIRECTIONS] ON IA 2/2016 FOR APPROPRIATE ORDERS/DIRECTIONS ON IA 100141/2017 FOR PERMISSION TO FILE ADDITIONAL DOCUMENTS ON IA 102109/2017 FOR CLARIFICATION/DIRECTION ON IA 16266/2018 IA No. 2/2016 - DISPENSING WITH SERVICE OF NOTICE IA No. 102109/2017 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES IA No. 1/2016 - STAY APPLICATION) SLP(C) No. 27645/2015 (III) W.P.(C) No. 868/2015 (X)
6 W.P.(C) No. 858/2015 (X) W.P.(C) No. 14/2018 (X) W.P.(C) No. 68/2018 (X) W.P.(C) No. 1062/2018 (X) (IA No. 127639/2018 - EX-PARTE STAY) W.P.(C) No. 1173/2018 (X) (IA No. 22803/2020 - CLARIFICATION/DIRECTION IA No. 138731/2018 - STAY APPLICATION) W.P.(C) No. 1231/2018 (X) (FOR ADMISSION) W.P.(C) No. 1437/2018 (X) (IA No.173388/2018-APPROPRIATE ORDERS/DIRECTIONS IA No. 173388/2018 - APPROPRIATE ORDERS/DIRECTIONS) SLP(C) No. 1877/2019 (IV-A) (FOR APPLICATION FOR VACATION OF INTERIM ORDER ON IA 69137/2019 IA No. 69137/2019 - APPLICATION FOR VACATION OF INTERIM ORDER) C.A. No. 6662/2019 (III) (Only I.A. No. 181321 of 2019 & I.A. No. 14745 of 2019 in C.A. No. 6662 of 2019 are to be listed before the Hon'ble Court. IA No. 14745/2020 - APPLICATION FOR TAGGING/DETAGGING IA No. 183121/2019 - EARLY HEARING APPLICATION) C.A. No. 1980-1983/2019 (IV-A) (IA No. 25366/2019 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) W.P.(C) No. 253/2019 (X) (FOR ADMISSION and IA No.36308/2019-STAY APPLICATION) W.P.(C) No. 254/2019 (X) (FOR CLARIFICATION/DIRECTION ON IA 66635/2019 IA No. 66635/2019 - CLARIFICATION/DIRECTION) W.P.(C) No. 439/2019 (X) (FOR ADMISSION and I.R. and IA No.57155/2019-EX-PARTE STAY and IA No.57157/2019-EXEMPTION FROM FILING O.T. IA No. 57155/2019 - EX-PARTE STAY IA No. 57157/2019 - EXEMPTION FROM FILING O.T.) W.P.(C) No. 431/2019 (X) (IA No. 56238/2019 - STAY APPLICATION) W.P.(C) No. 567/2019 (X)
7 W.P.(C) No. 736/2019 (X) (FOR ADMISSION and IA No.87224/2019-STAY APPLICATION IA No. 87224/2019 - STAY APPLICATION) W.P.(C) No. 752/2019 (X) IA No. 88213/2019 - EX-PARTE STAY) W.P.(C) No. 910/2019 (X) (FOR ADMISSION and IA No.103953/2019-STAY APPLICATION) W.P.(C) No. 1027/2019 (X) (FOR ADMISSION and IA No.120866/2019-EX-PARTE STAY) W.P.(C) No. 1043/2019 (X) (IA No. 122572/2019 - EX-PARTE STAY IA No. 122574/2019 - EXEMPTION FROM FILING O.T.) W.P.(C) No. 1035/2019 (X) (IA No. 121770/2019 - EX-PARTE STAY IA No. 121771/2019 - EXEMPTION FROM FILING O.T.) W.P.(C) No. 1232/2019 (X) (IA No. 149676/2019 - EX-PARTE STAY IA No. 149680/2019 - EXEMPTION FROM FILING O.T.) W.P.(C) No. 1355/2019 (X) (IA No. 173398/2019 - EX-PARTE STAY) W.P.(C) No. 1331/2019 (X) IA No. 1749/2020 - MODIFICATION OF COURT ORDER) W.P.(C) No. 1339/2019 (X) (IA No.170837/2019-EX-PARTE STAY IA No. 170837/2019 - EX-PARTE STAY) W.P.(C) No. 1353/2019 (X) (IA No. 8394/2020 - MODIFICATION) W.P.(C) No. 31/2020 (X) (FOR ADMISSION and IA No.3580/2020-STAY APPLICATION) W.P.(C) No. 62/2020 (X) (FOR ADMISSION and IA No.6689/2020-EX-PARTE STAY and IA No.6690/2020-EXEMPTION FROM FILING O.T.) W.P.(C) No. 72/2020 (X) (FOR ADMISSION and IA No.7697/2020-STAY APPLICATION) W.P.(C) No. 134/2020 (X) (IA No. 22981/2020 - MODIFICATION)
8 W.P.(C) No. 207/2020 (X) (FOR ADMISSION and IA No.14392/2020-STAY APPLICATION and IA No.14393/2020-EXEMPTION FROM FILING O.T.) W.P.(C) No. 271/2020 (X) (IA No. 22447/2020 - STAY APPLICATION) W.P.(C) No. 289/2020 (X) (FOR ADMISSION and IA No.23930/2020-STAY APPLICATION) W.P.(C) No. 292/2020 (X) IA No. 24077/2020 - STAY APPLICATION) Date : 03-03-2020 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE ARUN MISHRA HON'BLE MS. JUSTICE INDIRA BANERJEE HON'BLE MR. JUSTICE VINEET SARAN HON'BLE MR. JUSTICE M.R. SHAH HON'BLE MR. JUSTICE ANIRUDDHA BOSE Counsel for the parties Mr. Tushar Mehta, Solicitor General Mr. K. M. Nataraj, ASG Mr. Sanjay Jain, ASG Mr. Ashok Panigrahi, Adv. Ms. Upma Bhattacharya, Adv. Mrs. Anil Katiyar, Adv. Mr. Mahesh Agarwal, Adv. Mr. Ankur Saigal, Adv. Mr. Vikrant Pachnanda, Adv. Mr. Utkarsh Pratap, Adv. Mr. Rajat Nair, Adv. Ms. Swati Ghildiyal, Adv. Ms. Vanshaja Shukla, Adv. Mr. Rajat Nair, Adv. Mr. Akshay Amritanshu, Adv. Mr. A. K. Sharma, Adv. Mr. E. C. Agrawala, Adv. Mr. Devansh A. Mohta, Adv. Mr. Shishir Deshpande, Adv. Ms. Sujata Kurdukar, Adv. Mr. Amit Yadav, Adv. Mr. Nilakanta Nayak, Adv. Ms. Sonika Mehra, Adv. Ms. Pranati Bhatnagar, Adv. Ms. Kritya Sinha, Adv. Mr. Mrigank Prabhakar, Adv. Ms. Sakshi Banga, Adv.
9 Mr. Gautam Prabhakar, Adv. Mr. Gaurav Nair, Adv. Ms. Kritya Sinha, Adv. Mr. Varun Singh, Adv. Mr. Vinay Navare, Sr. Adv. Ms. Gwen Karthika, Adv. Ms. Abha R. Sharma, Adv. Mr. Devansh A. Mohta, Adv. Mr. Gaurav Nair, Adv. Ms. Sanika Mehra, Adv. Mr. Pranati Bhatnagar, Adv. Ms. Kritya Sinha, Adv. Mr. Shekhar Naphade, Sr. Adv. Mr. Chinmoy Khaladkar, Adv. Mr. Sanjay Kharde, Adv. Mr. Chandan Ramamurthi, Adv. Mr. Jaideep Gupta, Sr. Adv. Mr. Kuldeep S. Parihar, Adv. Mr. H. S. Parihar, Adv. Ms. Ishita Parihar, Adv. Mr. Rutwik Panda, Adv. Mr. Nikhar Berry, Adv. Mr. Anshu Malik, Adv. Mr. Subodh S. Patil, Adv. Ms. Supriya Deshpande, Adv. Mr. Ajay Singh, Adv. Mr. Karunakar Mahalik, Adv. Mr. B. Vishwanath Bhandarkar, Adv. Mr. Sarbendra Kumar, Adv. Mr. Upendra Narayan Mishra, Adv. Mr. Durga Dutt, Adv. Mr. N. D. B. Raju, Adv. Mr. Bharati Raju, Adv. Mr. M. A. Chinnasamy, Adv. Mr. Shekhar Naphade, Sr. Adv. Ms. S. Lakshmi Iyer, Adv. Ms. Aishwarya Dash, Adv. Mr. Shivaji Jhadav, Adv. Mr. Pradhuman Gohil, Adv. Mrs. Taruna Singh Gohil, Adv. Ms. Ranu Purohit, Adv. Ms. Tanya Shrivastava, Adv. Mr. Upendra Sai, Adv.
10 Mrs. Charu Mathur, Adv. Mr. M. T. George, Adv. Mrs. Susy Abraham, Adv. Mr. Johns George, Adv. Mr. Kumar Shashank, Adv. Ms. Rukhmini Bobde, Adv. Mr. Nivesh Kumar, Adv. Ms. Shagufa Salim, Adv. Mr. Aviral Kapoor, Adv. Ms. Riya Dhingra, Adv. Mr. Satyaneer Yadav, Adv. Mr. Vishal Prasad, Adv. Mr. H. Chandra Sekhar, Adv. Mrs. Rekha Chandra Sekhar, Adv. Mr. Karri Venkata Reddy, Adv. Mr. Soumyajit Pani, Adv. Mr. Chittaranjan Singh, Adv. Mr. Vinodh Kanna B., Adv. Mr. Sonal Jain, Adv. Ms. Iskaran, Adv. Mr. M. Y. Deshmukh, Adv. M/s Manjeet Kirpal, Adv. Mr. M. Y. Deshmukh, Adv. Ms. Anshruta Maheshwari, Adv. Mr. Rohit K. Singh, Adv. Mr. Rohit K. Singh, Adv. Mr. Uday Tiwary, Adv. Mr. P. N. Razdan, Adv. Mr. Mirza Kayesh Begg, Adv. Mr. Tanmay Mehta, Adv. Mr. Abhishek Agarwal, Adv. Ms. Mridula Kanti Sinha, Adv. Mr. Hitesh Kumar Sharma, Adv. Mr. S. K. Rajora, Adv. Mr. Akhileshwar Jha, Adv. Ms. Mamta Upadhyaya, Adv. Ms. Kusum Chaudhary, Adv. Mr. T. L. V. Rama Chari, Sr. Adv. Mr. Hitesh Kumar Sharma, Adv. Mr. Akhileshwar Jha, Adv. Mr. T. Ramamurthy, Adv. Mr. B. Subramanian Prasad, Adv.
11 Ms. Praveena Gautam, Adv. Mr. Deepak Tyagi, Adv. Ms. Sweety Pandey, Adv. Mr. Pawan Shukla, Adv. Mr. Raja Ram, Adv. Mr. Arjun Krishnan, Adv. Mr. Ankur Singh, Adv. Ms. Shaurya Bari, Adv. Mr. Jayanth Muthraj, Sr. Adv. Mr. Jaimon Andrews, Adv. Mr. Piyo Harold Jaimon, Adv. Mr. Karthik Ashok, Adv. Mr. Sandeep Thakur, Adv. Mr. Naresh Kumar, Adv. Mr. P. I. Jose, Adv. Mr. Prashant K. Sharma, Adv. Mr. Jenis Francis, Adv. Mr. Ravi Sagar, Adv. Mr. Pratap Venugopal, Adv. Ms. Surekha Raman, Adv. Mr. Akhil Abraham, Adv. Mr. Ayush Garg, Adv. Mnr. Vijay Vaisan, Adv. for M/s. K. J. John & Co. (Appearance slip not legible) Mr. Vikas Mehta, Adv. Mr. Apoorv Khator, Adv. Ms. Anushree Menon, Adv. Mr. Vasanth Bharani, Adv. Mr. Abhay Kumar, Adv. Mr. Vineet Kumar Singh, Adv. Mr. Kumar Milind, Adv. Mr. Kumar Kashyap, Adv. Mr. Debmalya Banerjee, Adv. Mr. Kartik Bhatnagar, Adv. Mr. Rohan Sharma, Adv. Mr. D. S. Aman, Adv. Mr. Ujjwal Singh, Adv. Mr. Vardaan Wanchoo, Adv. for M/s Karanjawala & Co. Ms. Usha Nandini V., Adv. Ms. Bineesh Karat, Adv. Mr. Biju P. Raman, Adv.
12 Mr. M. S. Vishnu Sankar, Adv. Mr. Athira G. Nair, Adv. Mr. Arvind Gupta, Adv. Mr. Anil Kumar Sahu, Adv. Mr. Piyush Sharma, Adv. Mr. Prakash Gautam, Adv. Mr. Sujeet Kumar, Adv. Mr. J. P. Pathak, Adv. Mr. S. K. Kulkarni, Adv. Mr. M. Gireesh Kumar, Adv. Mr. Ankur S. Kulkarni, Adv. Mr. Anirudh Sanganeria, Adv. Mr. M. Khairati, Adv. Mr. Irshad Ahmad, Adv. Mr. S. S. Ray, Adv. Ms. Rakhi Ray, Adv. Mr. Vaibhav Gulia, Adv. Mr. Anil Kumar Mishra, Adv. Ms. Sushma Suri, Adv. Ms. Asha G. Nair, Adv. Mr. Arvind Kumar Sharma, Adv. Mr. Aniteja Sharma, Adv. Mr. Raj Kishor Choudhary, Adv. Mr. Anirudha Joshi, Adv. Mr. Rajeev K. Panday, Adv. Mr. Anurag Singh, Adv. Mr. Mahendra Singh, Adv. Mr. Rajeev M. Roy, Adv. Mr. P. Srinivasan, Adv. Mr. Sanjeev Kumar, aDv. Mr. Sanjay Kumar, Adv. Mr. H. K. Naik, Adv. Mr. Rajnish, Adv. Mr. Ajay Amrit Raj, Adv. Mr. Chinmoy Khaladkar, Adv. Mr. Sachin Patil, Adv. Mr. B. K. Pal, Adv. Mr. Rahul Chitnis, Adv. Mr. Samrat Shinde, Adv. Mr. Sachin Patil, Adv Dr. Lalit Bhasin, Adv.
13 Ms. Nina Gupta, Adv. Ms. Ruchika Joshi, Adv. Ms. Pratap Chadha, Adv. Ms. Bina Gupta, Adv. Mr. P. V. Yogeswaran, Adv. Mr. Chirag M. Shroff, Adv. Ms. Yashika Verma, Adv. Ms. Abhilasha Bharti, Adv. Mr. Vijay Hansaria, Sr. Adv. Mr. M. Y. Deshmukh, Adv. Mr. Manpreet Kripal, Adv. Mr. Chinmoy Khaladkar, Adv. Mr. Sanjay Kharde, Adv. Mr. Samrat Shinde, Adv. Mr. Ranjit Rathod, Adv. Ms. Chandan Ramamurthi, AOR Mr. M. P. Vinod, Adv. Mr. Atul Shankar Vinod, Adv. Mr. Dileep Pillai, Adv. Mr. Ajay Kumar Jain, Adv. Mr. Kannan Gopal Vinod, Adv. Mr. D. Bharat Kumar, Adv. Mr. Tadimalla Bhaskar Gowtham, Adv. Mr. Aman Shukla, Adv. Mr. D. V. Raghu Vamsu, Adv. Mr. Siddhartha Sinha, Adv. Mr. Abhijit Sengupta, Adv. Mr. Aaditya A. Pande, Adv. Mr. C. S. Ashri, Adv. Mr. Arjun Vinod Bobde, Adv. Ms. Richa Relhan, Adv. Ms. Bushra Kazim, Adv. Mr. Rajat Joseph, Adv. Mr. Ritin Rai, Sr. Adv. Mr. Amar Dave, Adv. Mr. P. S. Sudheer, Adv. Mr. Rishi Maheshwari, Adv. Mrs. Mayuri Nayyar Chawla, Adv. Ms. Anne Mathew, Adv. Mr. Bharat Sood, Adv. Ms. Shruti Jose, Adv. Mr. Vipin Nair, Adv. Mr. P. B. Suresh, Adv. Mr. Karthik Jayashankar, Adv.
14 Mr. Sughosh Subramanyam Neergundh, Adv. Ms. Usha Singh, Adv. Mr. Akhilesh Mishra, Adv. Ms. Nidhi Saini, Adv. Ms. Swati Singh, Adv. Mr. S. Sadasiva Reddy, Adv. Ms. S. Usha Reddy, Adv. Mr. Kavvi Venkata Reddy, Adv. Mr. V. N. Raghupathy, Adv. Mr. Mr. Manendra Pal Gupta, Adv. Mr. A. P. Mayee, Adv. Mr. A. Rajarajan, Adv. Mr. Sanjeev Kumar Choudhary, Adv. Ms. Qurratulain, Adv. Mr. Shivaji M. Jadhav, Adv. Mr. Nicholas Choudhary, Adv. Mr. Aditya Khanna, Adv. Mr. Aditya S. Jadhav, Adv. Mr. Shiv Ram Pandey, Adv. Mr. S. K. Jain, Adv. Mr. S. Wasim A. Qadri, Sr. Adv. Mr. Zaid Ali Subzposh, Adv. Mr. Tamim Qadri, Adv. Mr. Saeed Qadri, Adv. Mr. L. R. Singh, Adv. Mr. Ajay Majithia, Adv. Mr. Satyajit A. Desai, Adv. Ms. Anagha S. Desai, AOR Mr. Suresh Chandra Tripathy, AOR Mr. Karunakar Mahalik, AOR Mr. Anirudh Sanganeria, AOR Mr. Vineet Bhagat, AOR Mr. Shishir Deshpande, AOR Mr. Nikhil Goel, AOR Mr. M. P. Vinod, AOR Mr. Ankur S. Kulkarni, AOR Ms. Charu Mathur, AOR Ms. E. R. Sumathy, AOR Mr. Yadav Narender Singh, AOR Ms. Vanshaja Shukla, AOR Mr. Sarad Kumar Singhania, AOR Mr. Irshad Ahmad, AOR Mr. Harish Pandey, AOR Mr. Rameshwar Prasad Goyal, AOR
15 Mr. Chirag M. Shroff, AOR Mr. H. Chandra Sekhar, AOR Mr. M. A. Chinnasamy, AOR Mr. Amol Nirmalkumar Suryawanshi, AOR Mr. Arvind Gupta, AOR Mrs. S. Usha Reddy, AOR Mr. Santosh Krishnan, AOR Ms. Rakhi Ray, AOR Mr. Mrigank Prabhakar, AOR Mr. Abhay Kumar, AOR Mr. Satpal Singh, AOR Ms. Seema Thapliyal, Adv. Ms. Neetu Mishra, Adv. Mr. Vikas Mehta, AOR Mr. M. J. Paul, AOR Mr. Subodh S. Patil, AOR Mr. Renjith. B, AOR Mr. Garvesh Kabra, AOR Ms. Pooja Kabra, Adv. Mr. Adarsh Upadhyay, Adv. Mrs. Nikita Jajoo, Adv. Mr. Anurag Kishore, Adv. Mr. Amit Singh, Adv. Mr. Renjith. B, AOR Mrs. Lakshmi N. Kaimal, Adv. Mr. Mahendra Kumawat, Adv. Mr. Rutwik Panda, AOR Mr. Lakshmi Raman Singh, AOR Ms. Sujata Kurdukar, AOR Mr. Kusum Chaudhary, AOR Mr. Varun Singh, AOR Mr. Atul Babasaheb Dakh, AOR Mr. E. C. Agrawala, AOR Mrs. Pragya Baghel, AOR Mr. Naresh Kumar, AOR Mr. Bankey Bihari Sharma, AOR Mr. Abhishek Agarwal, AOR Mr. Rabin Majumder, AOR Mr. A. Venayagam Balan, AOR Mr. Gaurav Agrawal, AOR Ms. Garima Prashad, AOR Mr. Vijay Kumar, AOR Mr. Dilip Annasaheb Taur, AOR Mr. Rajul Shrivastav, Adv. Mr. Mohit D. Ram, AOR
16 M/S. K J John And Co, AOR Mr. Piyush Sharma, AOR Mr. A. N. Arora, AOR Mr. M. T. George, AOR Mr. Aniruddha P. Mayee, AOR Mrs. Rajani K. Prasad, Adv. Ms. N. Annapoorani, AOR Mr. Abhijit Sengupta, AOR Mr. Anil Kumar Mishra, AOR Ms. Praveena Gautam, AOR Mr. Irshad Ahmad, AOR Mr. H. S. Parihar, AOR M/S. S.m. Jadhav And Company, AOR Mr. V. N. Raghupathy, AOR Mr. Rajeev Maheshwaranand Roy, AOR Mr. Vishwas K. Shah, Adv. Mr. Masoom K. Shah, Adv. Mr. Anup Jain, AOR Mr. Abhishek Baid, Adv. Mr. Pulkit Tare, Adv. Mr. S. N. Bhat, AOR Ms. Hemantika Wahi, AOR Mr. Pravin Satale, Adv. Mr. Rajiv Shankar Dvivedi, AOR Mr. Chinmoy Khaladkar, Adv. Ms. Neha Sharma, Adv. Mr. Deeptakirti Verma, AOR Ms. Anuradha Mutatkar, AOR Mr. Siddharth Mittal, AOR Mr. Arun Aggarwal, AOR Mr. Ankur Prakash, AOR Mr. Praveen Chaturvedi, AOR Mr. P. V. Yogeswaran, AOR Mr. Shivaji M. Jadhav, AOR Mrs. Anil Katiyar, AOR Ms. Asha Gopalan Nair, AOR Mr. Sudhanshu S. Choudhari, AOR Mr. Rameshwar Prasad Goyal, AOR M/S. Karanjawala & Co., AOR Mr. Vinodh Kanna B., AOR Ms. Abha R. Sharma, AOR Mr. A. Venayagam Balan, AOR Mr. P. I. Jose, AOR Mr. Nirnimesh Dube, AOR Mr. M. Y. Deshmukh, AOR
17 Mr. Shivendra Dwivedi, Adv. Mr. Rajesh Mahale, AOR Mr. Chandrashekhar A. Chakalabbi, Adv. Mr. Awanish Kumar, Adv. Mr. S. K. Pandey, Adv. Mr. Anshul Rai, Adv. For M/S. Dharmaprabhas Law Associates, AOR Mr. Siddhesh Kotwal, Adv. Ms. Bansuri Swaraj, Adv. Ms. Arshiya Ghose, Adv. Mr. Divyansh Tiwari, Adv. Ms. Ana Upadhyay, Adv. Mr. Nirnimesh Dube, AOR Mr. Chander Shekhar Ashri, AOR Mr. Arjun Krishnan, AOR Ms. Usha Nandini. V, AOR Mr. Rohit K. Singh, AOR Mr. G. Prakash, AOR Mr. B. K. Pal, AOR Mr. P. S. Sudheer, AOR Mr. P. V. Dinesh, AOR Ms. Sindhu T. P., Adv. Mr. Mukund P. Unny, Adv. Mr. Bineesh K., Adv. Mr. Ashwini Kumar Singh, Adv. Mr. C. Sanal Nambiar, Adv. Mr. Chinmoy Khaladkar, Adv. Mr. B. K. Pal, Adv. Mr. Uday B. Dube, AOR Mr. Y. Raja Gopala Rao, AOR Ms. Y. Vismai Rao, Adv. Mr. Sanjeev Kumar, AOR Mr. Raj Kishor Choudhary, AOR Mr. Sonal Jain, AOR Mr. Vishal Prasad, AOR Mr. Anil Nag, AOR Mr. Rajat Joseph, AOR Mr. Suresh Dutt Dobhal, AOR Ms. Shreeya Tandon, Adv. Mr. Ankur Prakash, Adv. Mr. Chirag M. Shroff, AOR
18 Mr. Anil Kumar Sangal, AOR Mr. Harish Pandey, AOR Ms. Pratibha Jain, AOR Mr. Vijay Kumar, AOR Mr. Dharmendra Kumar Sinha, AOR Mr. Rameshwar Prasad Goyal, AOR Mr. Harish Pandey, AOR Mr. H. Chandra Sekhar, AOR Mr. Chirag M. Shroff, AOR Mr. M. A. Chinnasamy, AOR Mr. Arvind Gupta, AOR Mr. Amol Nirmalkumar Suryawanshi, AOR Mrs. S. Usha Reddy, AOR Mr. Santosh Krishnan, AOR Ms. Rakhi Ray, AOR Mr. Abhay Kumar, AOR Mr. Mrigank Prabhakar, AOR Mr. Satpal Singh, AOR Mr. Vikas Mehta, AOR Mr. M. J. Paul, AOR Mr. Renjith. B, AOR Mr. Subodh S. Patil, AOR Mr. Garvesh Kabra, AOR Mr. Rutwik Panda, AOR Mr. Lakshmi Raman Singh, AOR Mr. Kusum Chaudhary, AOR Ms. Sujata Kurdukar, AOR Mr. Varun Singh, AOR Mr. Atul Babasaheb Dakh, AOR Mr. E. C. Agrawala, AOR Mrs. Pragya Baghel, AOR Mr. Naresh Kumar, AOR Ms. Anagha S. Desai, AOR Mr. Bankey Bihari Sharma, AOR Mr. Rabin Majumder, AOR Mr. Abhishek Agarwal, AOR Mr. A. Venayagam Balan, AOR Mr. Gaurav Agrawal, AOR Mr. Vijay Kumar, AOR Ms. Garima Prashad, AOR Mr. Suresh Chandra Tripathy, AOR Mr. Anirudh Sanganeria, AOR Mr. Karunakar Mahalik, AOR Mr. Shishir Deshpande, AOR Mr. Vineet Bhagat, AOR Mr. Nikhil Goel, AOR Mr. Ankur S. Kulkarni, AOR Mr. M. P. Vinod, AOR Ms. Chandan Ramamurthi, AOR Ms. Charu Mathur, AOR
19 Mr. Yadav Narender Singh, AOR Mr. Jagdish Parshad, Adv. Ms. E. R. Sumathy, AOR Mr. Sarad Kumar Singhania, AOR Ms. Vanshaja Shukla, AOR Mr. Irshad Ahmad, AOR Mr. Mohit D. Ram, AOR Mr. Dilip Annasaheb Taur, AOR Mr. Aniruddha P. Mayee, AOR Ms. N. Annapoorani, AOR Mr. Abhijit Sengupta, AOR Mr. Anil Kumar Mishra, AOR Ms. Praveena Gautam, AOR Mr. Irshad Ahmad, AOR Mr. H. S. Parihar, AOR M/S. K J John And Co, AOR Mr. A. N. Arora, AOR Mr. Piyush Sharma, AOR Mr. M. T. George, AOR Ms. Anuradha Mutatkar, AOR Mr. Siddharth Mittal, AOR Mr. Arun Aggarwal, AOR Mr. Ankur Prakash, AOR Mr. Praveen Chaturvedi, AOR Mr. Shivaji M. Jadhav, AOR Mr. P. V. Yogeswaran, AOR Mrs. Anil Katiyar, AOR Ms. Asha Gopalan Nair, AOR Mr. Sudhanshu S. Choudhari, AOR Mr. Rameshwar Prasad Goyal, AOR M/S. Karanjawala & Co., AOR Ms. Abha R. Sharma, AOR Mr. Vinodh Kanna B., AOR Mr. A. Venayagam Balan, AOR Mr. P. I. Jose, AOR Mr. M. Y. Deshmukh, AOR Mr. Rajesh Mahale, AOR Mr. Arjun Krishnan, AOR Mr. Chander Shekhar Ashri, AOR M/S. Dharmaprabhas Law Associates, AOR M/S. S.m. Jadhav And Company, AOR Mr. Rajeev Maheshwaranand Roy, AOR Mr. V. N. Raghupathy, AOR Mr. Anup Jain, AOR Mr. S. N. Bhat, AOR Ms. Hemantika Wahi, AOR Mr. Deeptakirti Verma, AOR Mr. Rajiv Shankar Dvivedi, AOR Mr. Y. Raja Gopala Rao, AOR
20 Mr. Sanjeev Kumar, AOR Mr. Raj Kishor Choudhary, AOR Mr. Rohit K. Singh, AOR Ms. Usha Nandini. V, AOR Mr. B. K. Pal, AOR Mr. G. Prakash, AOR Mr. P. S. Sudheer, AOR Mr. P. V. Dinesh, AOR Mr. Uday B. Dube, AOR Mr. Sonal Jain, AOR Mr. Vishal Prasad, AOR Mr. Anil Nag, AOR Mr. Rajat Joseph, AOR Mr. Suresh Dutt Dobhal, AOR Mr. Chirag M. Shroff, AOR Ms. Yashika Verma, Adv. Ms. Abhilasha Bharti, Adv. Mr. Anil Kumar Sangal, AOR Mr. Harish Pandey, AOR Ms. Pratibha Jain, AOR Mr. Vijay Kumar, AOR Mr. Dharmendra Kumar Sinha, AOR UPON hearing the counsel the Court made the following O R D E R Mr. Devansh A. Mohta, learned counsel, resumed his arguments at 10.40 AM and was on his legs when the Court rose for the day. Arguments remained unconcluded. List tomorrow i.e. on 04.03.2020 as Part Heard. (JAYANT KUMAR ARORA) (JAGDISH CHANDER) COURT MASTER BRANCH OFFICER
1 ITEM NO.503 COURT NO.3 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No(s). 5674/2009 PANDURANG GANPATI CHAUGULE Appellant(s) VERSUS VISHWASRAO PATIL MURGUD SAHAKARI BANK L. & ANR. Respondent(s) (I.A.NO. FOR INTERVENTION APPLICATION ON IA 54612/2018 IA No. 54612/2018 - INTERVENTION APPLICATION) WITH C.A. No. 5684/2009 (IX) C.A. No. 5682/2009 (IX) (I.A. NO. 22981/2020 IN W.P. NO. 134/2020 AND I.A. NO. 8394/2020 IN W.P. NO. 1353/2019) C.A. No. 5681/2009 (IX) C.A. No. 10871/2010 (XI-A) C.A. No. 5675/2009 (IX) SLP(C) No. 25930/2009 (IX) C.A. No. 4391/2010 (XI-A) (IA No. 46810/2018 - EXEMPTION FROM FILING O.T. IA No. 46809/2018 - STAY APPLICATION) SLP(C) No. 24309/2010 (III) C.A. No. 7410/2010 (III) SLP(C) No. 29859/2010 (III) W.P.(C) No. 318/2010 (X) SLP(C) No. 7295-7298/2011 (IV-A) W.P.(C) No. 41/2011 (X) W.P.(C) No. 220/2011 (X) W.P.(C) No. 293/2011 (X) W.P.(C) No. 306/2011 (X)
2 SLP(C) No. 22304-22305/2011 (III) W.P.(C) No. 338/2011 (X) W.P.(C) No. 375/2011 (X) SLP(C) No. 24479-24480/2011 (III) W.P.(C) No. 122/2012 (X) (FOR VACATING STAY ON IA 2/2015 IA No. 2/2015 - VACATING STAY) W.P.(C) No. 199/2012 (X) SLP(C) No. 24276/2012 (IV-A) W.P.(C) No. 250/2012 (X) W.P.(C) No. 291/2012 (X) W.P.(C) No. 386/2012 (X) (FOR IA 3/2015) W.P.(C) No. 487/2012 (X) W.P.(C) No. 537/2012 (X) W.P.(C) No. 554/2012 (X) W.P.(C) No. 36/2013 (X) (IA No. 1/2013 - STAY APPLICATION) W.P.(C) No. 146/2013 (X) W.P.(C) No. 138/2013 (X) W.P.(C) No. 179/2013 (X) W.P.(C) No. 192/2013 (X) W.P.(C) No. 191/2013 (X) W.P.(C) No. 112/2013 (X) W.P.(C) No. 111/2013 (X) W.P.(C) No. 151/2013 (X) W.P.(C) No. 175/2013 (X) W.P.(C) No. 181/2013 (X) SLP(C) No. 15634-15635/2013 (IV-A)
3 SLP(C) No. 12916/2013 (XI-A) W.P.(C) No. 201/2013 (X) W.P.(C) No. 233/2013 (X) W.P.(C) No. 236/2013 (X) W.P.(C) No. 238/2013 (X) W.P.(C) No. 253/2013 (X) W.P.(C) No. 250/2013 (X) W.P.(C) No. 248/2013 (X) W.P.(C) No. 271/2013 (X) W.P.(C) No. 265/2013 (X) W.P.(C) No. 270/2013 (X) SLP(C) No. 17054/2013 (III) SLP(C) No. 18777/2013 (III) SLP(C) No. 18775/2013 (III) W.P.(C) No. 279/2013 (X) W.P.(C) No. 266/2013 (X) W.P.(C) No. 280/2013 (X) W.P.(C) No. 284/2013 (X) W.P.(C) No. 353/2013 (X) W.P.(C) No. 469/2013 (X) W.P.(C) No. 452/2013 (X) W.P.(C) No. 588/2013 (X) SLP(C) No. 29720/2013 (III) SLP(C) No. 29721/2013 (III) W.P.(C) No. 758/2013 (X) W.P.(C) No. 762/2013 (X)
4 W.P.(C) No. 761/2013 (X) W.P.(C) No. 800/2013 (X) W.P.(C) No. 753/2013 (X) W.P.(C) No. 819/2013 (X) SLP(C) No. 35137/2013 (III) W.P.(C) No. 922/2013 (X) W.P.(C) No. 1007/2013 (X) W.P.(C) No. 5/2014 (X) W.P.(C) No. 10/2014 (X) W.P.(C) No. 1037/2013 (X) W.P.(C) No. 1044/2013 (X) W.P.(C) No. 1043/2013 (X) W.P.(C) No. 1045/2013 (X) W.P.(C) No. 40/2014 (X) W.P.(C) No. 142/2014 (X) W.P.(C) No. 169/2014 (X) W.P.(C) No. 168/2014 (X) W.P.(C) No. 352/2014 (X) SLP(C) No. 17935/2015 (III) S.L.P.(C)...CC No. 7586/2014 (IV-A) W.P.(C) No. 408/2014 (X) (I.A.No. 65562/2019 - application for discharge of advocate) IA No. 65562/2019 - DISCHARGE OF ADVOCATE ON RECORD) W.P.(C) No. 420/2014 (X) W.P.(C) No. 421/2014 (X) W.P.(C) No. 492/2014 (X) W.P.(C) No. 712/2014 (X) W.P.(C) No. 714/2014 (X)
5 W.P.(C) No. 795/2014 (X) W.P.(C) No. 754/2014 (X) W.P.(C) No. 827/2014 (X) (I.A.No. 68801/2019 for discharge of Advocate) IA No. 68801/2019 - DISCHARGE OF ADVOCATE ON RECORD) W.P.(C) No. 849/2014 (X) (IA No. 68803/2019 - DISCHARGE OF ADVOCATE ON RECORD) W.P.(C) No. 838/2014 (X) SLP(C) No. 32589/2014 (XIV) (FOR CLARIFICATION/DIRECTION ON IA 83622/2018 IA No. 83622/2018 - CLARIFICATION/DIRECTION) W.P.(C) No. 26/2015 (X) W.P.(C) No. 1020/2014 (X) W.P.(C) No. 86/2015 (X) SLP(C) No. 7694/2015 (III) (FOR WITHDRAWAL OF CASE / APPLICATION ON IA 54845/2018 IA No. 54845/2018 - WITHDRAWAL OF CASE / APPLICATION) W.P.(C) No. 186/2015 (X) W.P.(C) No. 733/2015 (X) W.P.(C) No. 131/2015 (X) IA No. 1/2015 - STAY APPLICATION) W.P.(C) No. 264/2015 (X) (IA No. 4/2015 - RECALLING THE COURTS ORDER IA No. 1/2015 - STAY APPLICATION) W.P.(C) No. 247/2016 (X) (FOR FOR STAY APPLICATION ON IA 1/2016 FOR DISPENSING WITH SERVICE OF NOTICE [SEEKING INTERIM DIRECTIONS] ON IA 2/2016 FOR APPROPRIATE ORDERS/DIRECTIONS ON IA 100141/2017 FOR PERMISSION TO FILE ADDITIONAL DOCUMENTS ON IA 102109/2017 FOR CLARIFICATION/DIRECTION ON IA 16266/2018 IA No. 2/2016 - DISPENSING WITH SERVICE OF NOTICE IA No. 102109/2017 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES IA No. 1/2016 - STAY APPLICATION) SLP(C) No. 27645/2015 (III) W.P.(C) No. 868/2015 (X)
6 W.P.(C) No. 858/2015 (X) W.P.(C) No. 14/2018 (X) W.P.(C) No. 68/2018 (X) W.P.(C) No. 1062/2018 (X) (IA No. 127639/2018 - EX-PARTE STAY) W.P.(C) No. 1173/2018 (X) (IA No. 22803/2020 - CLARIFICATION/DIRECTION IA No. 138731/2018 - STAY APPLICATION) W.P.(C) No. 1231/2018 (X) (FOR ADMISSION) W.P.(C) No. 1437/2018 (X) (IA No.173388/2018-APPROPRIATE ORDERS/DIRECTIONS IA No. 173388/2018 - APPROPRIATE ORDERS/DIRECTIONS) SLP(C) No. 1877/2019 (IV-A) (FOR APPLICATION FOR VACATION OF INTERIM ORDER ON IA 69137/2019 IA No. 69137/2019 - APPLICATION FOR VACATION OF INTERIM ORDER) C.A. No. 6662/2019 (III) (Only I.A. No. 181321 of 2019 & I.A. No. 14745 of 2019 in C.A. No. 6662 of 2019 are to be listed before the Hon'ble Court. IA No. 14745/2020 - APPLICATION FOR TAGGING/DETAGGING IA No. 183121/2019 - EARLY HEARING APPLICATION) C.A. No. 1980-1983/2019 (IV-A) (IA No. 25366/2019 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) W.P.(C) No. 253/2019 (X) (FOR ADMISSION and IA No.36308/2019-STAY APPLICATION) W.P.(C) No. 254/2019 (X) (FOR CLARIFICATION/DIRECTION ON IA 66635/2019 IA No. 66635/2019 - CLARIFICATION/DIRECTION) W.P.(C) No. 439/2019 (X) (FOR ADMISSION and I.R. and IA No.57155/2019-EX-PARTE STAY and IA No.57157/2019-EXEMPTION FROM FILING O.T. IA No. 57155/2019 - EX-PARTE STAY IA No. 57157/2019 - EXEMPTION FROM FILING O.T.) W.P.(C) No. 431/2019 (X) (IA No. 56238/2019 - STAY APPLICATION) W.P.(C) No. 567/2019 (X)
7 W.P.(C) No. 736/2019 (X) (FOR ADMISSION and IA No.87224/2019-STAY APPLICATION IA No. 87224/2019 - STAY APPLICATION) W.P.(C) No. 752/2019 (X) IA No. 88213/2019 - EX-PARTE STAY) W.P.(C) No. 910/2019 (X) (FOR ADMISSION and IA No.103953/2019-STAY APPLICATION) W.P.(C) No. 1027/2019 (X) (FOR ADMISSION and IA No.120866/2019-EX-PARTE STAY) W.P.(C) No. 1043/2019 (X) (IA No. 122572/2019 - EX-PARTE STAY IA No. 122574/2019 - EXEMPTION FROM FILING O.T.) W.P.(C) No. 1035/2019 (X) (IA No. 121770/2019 - EX-PARTE STAY IA No. 121771/2019 - EXEMPTION FROM FILING O.T.) W.P.(C) No. 1232/2019 (X) (IA No. 149676/2019 - EX-PARTE STAY IA No. 149680/2019 - EXEMPTION FROM FILING O.T.) W.P.(C) No. 1355/2019 (X) (IA No. 173398/2019 - EX-PARTE STAY) W.P.(C) No. 1331/2019 (X) IA No. 1749/2020 - MODIFICATION OF COURT ORDER) W.P.(C) No. 1339/2019 (X) (IA No.170837/2019-EX-PARTE STAY IA No. 170837/2019 - EX-PARTE STAY) W.P.(C) No. 1353/2019 (X) (IA No. 8394/2020 - MODIFICATION) W.P.(C) No. 31/2020 (X) (FOR ADMISSION and IA No.3580/2020-STAY APPLICATION) W.P.(C) No. 62/2020 (X) (FOR ADMISSION and IA No.6689/2020-EX-PARTE STAY and IA No.6690/2020-EXEMPTION FROM FILING O.T.) W.P.(C) No. 72/2020 (X) (FOR ADMISSION and IA No.7697/2020-STAY APPLICATION) W.P.(C) No. 134/2020 (X) (IA No. 22981/2020 - MODIFICATION)
8 W.P.(C) No. 207/2020 (X) (FOR ADMISSION and IA No.14392/2020-STAY APPLICATION and IA No.14393/2020-EXEMPTION FROM FILING O.T.) W.P.(C) No. 271/2020 (X) (IA No. 22447/2020 - STAY APPLICATION) W.P.(C) No. 289/2020 (X) (FOR ADMISSION and IA No.23930/2020-STAY APPLICATION) W.P.(C) No. 292/2020 (X) IA No. 24077/2020 - STAY APPLICATION) Date : 27-02-2020 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE ARUN MISHRA HON'BLE MS. JUSTICE INDIRA BANERJEE HON'BLE MR. JUSTICE VINEET SARAN HON'BLE MR. JUSTICE M.R. SHAH HON'BLE MR. JUSTICE ANIRUDDHA BOSE Counsel for the parties Mr. Tushar Mehta, Solicitor General Mr. K. M. Nataraj, ASG Mr. Sanjay Jain, ASG Mr. Ashok Panigrahi, Adv. Ms. Upma Bhattacharya, Adv. Mrs. Anil Katiyar, Adv. Mr. Mahesh Agarwal, Adv. Mr. Ankur Saigal, Adv. Mr. Vikrant Pachnanda, Adv. Mr. Utkarsh Pratap, Adv. Mr. Rajat Nair, Adv. Ms. Swati Ghildiyal, Adv. Ms. Vanshaja Shukla, Adv. Mr. Rajat Nair, Adv. Mr. Akshay Amritanshu, Adv. Mr. A. K. Sharma, Adv. Mr. E. C. Agrawala, Adv. Mr. Devansh A. Mohta, Adv. Mr. Shishir Deshpande, Adv. Ms. Sujata Kurdukar, Adv. Mr. Amit Yadav, Adv. Mr. Nilakanta Nayak, Adv. Mr. Mrigank Prabhakar, Adv. Ms. Sakshi Banga, Adv. Mr. Gautam Prabhakar, Adv. Mr. Gaurav Nair, Adv. Ms. Kritya Sinha, Adv. Mr. Varun Singh, Adv.
9 Mr. Vinay Navare, Sr. Adv. Ms. Gwen Karthika, Adv. Ms. Abha R. Sharma, Adv. Mr. Jaideep Gupta, Sr. Adv. Mr. Kuldeep S. Parihar, Adv. Mr. H. S. Parihar, Adv. Ms. Ishita Parihar, Adv. Mr. Shekhar Naphade, Sr. Adv. Mr. Rutwik Panda, Adv. Mr. Nikhar Berry, Adv. Mr. Anshu Malik, Adv. Mr. Subodh S. Patil, Adv. Ms. Supriya Deshpande, Adv. Mr. Ajay Singh, Adv. Mr. Karunakar Mahalik, Adv. Mr. B. Vishwanath Bhandarkar, Adv. Mr. Sarbendra Kumar, Adv. Mr. N. D. B. Raju, Adv. Mr. Bharati Raju, Adv. Mr. M. A. Chinnasamy, Adv. Mr. Shekhar Naphade, Sr. Adv. Ms. S. Lakshmi Iyer, Adv. Ms. Aishwarya Dash, Adv. Mr. Shivaji Jhadav, Adv. Mr. Pradhuman Gohil, Adv. Mrs. Taruna Singh Gohil, Adv. Ms. Tanya Shrivastava, Adv. Mrs. Charu Mathur, Adv. Mr. M. T. George, Adv. Mrs. Susy Abraham, Adv. Mr. Johns George, Adv. Mr. Kumar Shashank, Adv. Ms. Rukhmini Bobde, Adv. Mr. Nivesh Kumar, Adv. Ms. Shagufa Salim, Adv. Mr. Aviral Kapoor, Adv. Ms. Riya Dhingra, Adv. Mr. Vishal Prashad, Adv. Mr. H. Chandra Sekhar, Adv. Mrs. Rekha Chandra Sekhar, Adv. Mr. Karri Venkata Reddy, Adv.
10 Mr. Soumyajit Pani, Adv. Mr. Vinodh Kanna B., Adv. Mr. Sonal Jain, Adv. Mr. M. Y. Deshmukh, Adv. M/s Manjeet Kirpal, Adv. Mr. M. Y. Deshmukh, Adv. Mr. Rohit K. Singh, Adv. Mr. Uday Tiwary, Adv. Mr. P. N. Razdan, Adv. Mr. Mirza Kayesh Begg, Adv. Mr. Tanmay Mehta, Adv. Mr. Abhishek Agarwal, Adv. Ms. Mridula Kanti Sinha, Adv. Mr. Hitesh Kumar Sharma, Adv. Mr. Akhileshwar Jha, Adv. Ms. Mamta Upadhyaya, Adv. Ms. Kusum Chaudhary, Adv. Ms. Praveena Gautam, Adv. Mr. Deepak Tyagi, Adv. Mr. Pawan Shukla, Adv. Mr. Raja Ram, Adv. Mr. Arjun Krishnan, Adv. Mr. Ankur Singh, Adv. Ms. Shaurya Bari, Adv. Mr. Jayanth Muthraj, Sr. Adv. Mr. Jaimon Andrews, Adv. Mr. Karthik Ashok, Adv. Mr. Sandeep Thakur, Adv. Mr. Naresh Kumar, Adv. Mr. P. I. Jose, Adv. Mr. Prashant K. Sharma, Adv. Mr. Jenis Francis, Adv. Mr. Pratap Venugopal, Adv. Ms. Surekha Raman, Adv. Mr. Akhil Abraham, Adv. Mr. Ayush Garg, Adv. Mnr. Vijay Vaisan, Adv. for M/s. K. J. John & Co. Mr. Apoorv Khator, Adv. Ms. Anushree Menon, Adv. Mr. Vikas Mehta, Adv.
11 Mr. Abhay Kumar, Adv. Mr. Vineet Kumar Singh, Adv. Mr. Kumar Milind, Adv. Mr. Kumar Kashyap, Adv. Mr. Debmalya Banerjee, Adv. Mr. Kartik Bhatnagar, Adv. Mr. Rohan Sharma, Adv. Mr. D. S. Aman, Adv. Mr. Ujjwal Singh, Adv. Mr. Vardaan Wanchoo, Adv. for M/s Karanjawala & Co. Ms. Usha Nandini V., Adv. Ms. Bineesh Karat, Adv. Mr. Biju P. Raman, Adv. Mr. Arvind Gupta, Adv. Mr. Anil Kumar Sahu, Adv. Mr. Prakash Gautam, Adv. Mr. Sujeet Kumar, Adv. Mr. S. K. Kulkarni, Adv. Mr. M. Gireesh Kumar, Adv. Mr. Ankur S. Kulkarni, Adv. Mr. Anirudh Sanganeria, Adv. Mr. M. Khairati, Adv. Mr. Irshad Ahmad, Adv. Mr. Anil Kumar Mishra, Adv. Ms. Sushma Suri, Adv. Ms. Asha G. Nair, Adv. Mr. Arvind Kumar Sharma, Adv. Mr. Aniteja Sharma, Adv. Mr. Raj Kishor Choudhary, Adv. Mr. Anirudha Joshi, Adv. Mr. Rajeev K. Panday, Adv. Mr. Rajeev M. Roy, Adv. Mr. P. Srinivasan, Adv. Mr. Sanjeev Kumar, aDv. Mr. Sanjay Kumar, Adv. Mr. H. K. Naik, Adv. Mr. Rajnish, Adv. Mr. Ajay Amrit Raj, Adv. Mr. Chinmoy Khaladkar, Adv. Mr. Sachin Patil, Adv.
12 Mr. B. K. Pal, Adv. Dr. Lalit Bhasin, Adv. Ms. Nina Gupta, Adv. Ms. Kanika Joshi, Adv. Ms. Pratap Chadha, Adv. Ms. Bina Gupta, Adv. Mr. Chirag M. Shroff, Adv. Ms. Yashika Verma, Adv. Ms. Abhilasha Bharti, Adv. Mr. M. Y. Deshmukh, Adv. Mr. Manpreet Kripal, Adv. Mr. Chinmoy Khaladkar, Adv. Mr. Sanjay Kharde, Adv. Mr. Samrat Shinde, Adv. Mr. Ranjit Rathod, Adv. Ms. Chandan Ramamurthi, AOR Mr. M. P. Vinod, Adv. Mr. Atul Shankar Vinod, Adv. Mr. Dileep Pillai, Adv. Mr. Ajay Kumar Jain, Adv. Mr. Kannan Gopal Vinod, Adv. Mr. D. Bharat Kumar, Adv. Mr. Tadimalla Bhaskar Gowtham, Adv. Mr. Aman Shukla, Adv. Mr. D. V. Raghu Vamsu, Adv. Mr. Siddhartha Sinha, Adv. Mr. Abhijit Sengupta, Adv. Mr. Aaditya A. Pande, Adv. Mr. C. S. Ashri, Adv. Mr. Arjun Vinod Bobde, Adv. Ms. Richa Relhan, Adv. Ms. Bushra Kazim, Adv. Mr. Rajat Joseph, Adv. Mr. Ritin Rai, Sr. Adv. Mr. P. S. Sudheer, Adv. Mr. Rishi Maheshwari, Adv. Mrs. Mayuri Nayyar Chawla, Adv. Ms. Anne Mathew, Adv. Mr. Bharat Sood, Adv. Ms. Shruti Jose, Adv. Mr. Vipin Nair, Adv. Mr. P. B. Suresh, Adv. Mr. Karthik Jayashankar, Adv.
13 Mr. S. Sadasiva Reddy, Adv. Ms. S. Usha Reddy, Adv. Mr. Kavvi Venkata Reddy, Adv. Mr. V. N. Raghupathy, Adv. Mr. Mr. Manendra Pal Gupta, Adv. Mr. A. P. Mayee, Adv. Mr. A. Rajarajan, Adv. Mr. Sanjeev Kumar Choudhary, Adv. Ms. Qurratulain, Adv. Mr. Shivaji M. Jadhav, Adv. Mr. Nicholas Choudhary, Adv. Mr. Aditya Khanna, Adv. Mr. S. Wasim A. Qadri, Sr. Adv. Mr. Zaid Ali Subzposh, Adv. Mr. L. R. Singh, Adv. Mr. Suresh Chandra Tripathy, AOR Mr. Karunakar Mahalik, AOR Mr. Anirudh Sanganeria, AOR Mr. Vineet Bhagat, AOR Mr. Shishir Deshpande, AOR Mr. Nikhil Goel, AOR Mr. M. P. Vinod, AOR Mr. Ankur S. Kulkarni, AOR Ms. Charu Mathur, AOR Ms. E. R. Sumathy, AOR Mr. Yadav Narender Singh, AOR Ms. Vanshaja Shukla, AOR Mr. Sarad Kumar Singhania, AOR Mr. Irshad Ahmad, AOR Mr. Harish Pandey, AOR Mr. Rameshwar Prasad Goyal, AOR Mr. Chirag M. Shroff, AOR Mr. H. Chandra Sekhar, AOR Mr. M. A. Chinnasamy, AOR Mr. Amol Nirmalkumar Suryawanshi, AOR Mr. Arvind Gupta, AOR Mrs. S. Usha Reddy, AOR Mr. Santosh Krishnan, AOR Ms. Rakhi Ray, AOR Mr. Mrigank Prabhakar, AOR Mr. Abhay Kumar, AOR Mr. Satpal Singh, AOR Mr. Vikas Mehta, AOR Mr. M. J. Paul, AOR Mr. Subodh S. Patil, AOR Mr. Renjith. B, AOR
14 Mr. Garvesh Kabra, AOR Ms. Pooja Kabra, Adv. Mr. Rutwik Panda, AOR Mr. Lakshmi Raman Singh, AOR Ms. Sujata Kurdukar, AOR Mr. Kusum Chaudhary, AOR Mr. Varun Singh, AOR Mr. Atul Babasaheb Dakh, AOR Mr. E. C. Agrawala, AOR Mrs. Pragya Baghel, AOR Mr. Naresh Kumar, AOR Ms. Anagha S. Desai, AOR Mr. Bankey Bihari Sharma, AOR Mr. Abhishek Agarwal, AOR Mr. Rabin Majumder, AOR Mr. A. Venayagam Balan, AOR Mr. Gaurav Agrawal, AOR Ms. Garima Prashad, AOR Mr. Vijay Kumar, AOR Mr. Dilip Annasaheb Taur, AOR Mr. Mohit D. Ram, AOR M/S. K J John And Co, AOR Mr. Piyush Sharma, AOR Mr. A. N. Arora, AOR Mr. M. T. George, AOR Mr. Aniruddha P. Mayee, AOR Ms. N. Annapoorani, AOR Mr. Abhijit Sengupta, AOR Mr. Anil Kumar Mishra, AOR Ms. Praveena Gautam, AOR Mr. Irshad Ahmad, AOR Mr. H. S. Parihar, AOR M/S. S.m. Jadhav And Company, AOR Mr. V. N. Raghupathy, AOR Mr. Rajeev Maheshwaranand Roy, AOR Mr. Anup Jain, AOR Mr. S. N. Bhat, AOR Ms. Hemantika Wahi, AOR Mr. Rajiv Shankar Dvivedi, AOR Mr. Deeptakirti Verma, AOR Ms. Anuradha Mutatkar, AOR Mr. Siddharth Mittal, AOR Mr. Arun Aggarwal, AOR Mr. Ankur Prakash, AOR Mr. Praveen Chaturvedi, AOR Mr. P. V. Yogeswaran, AOR Mr. Shivaji M. Jadhav, AOR Mrs. Anil Katiyar, AOR Ms. Asha Gopalan Nair, AOR Mr. Sudhanshu S. Choudhari, AOR
15 Mr. Rameshwar Prasad Goyal, AOR M/S. Karanjawala & Co., AOR Mr. Vinodh Kanna B., AOR Ms. Abha R. Sharma, AOR Mr. A. Venayagam Balan, AOR Mr. P. I. Jose, AOR Mr. Nirnimesh Dube, AOR Mr. M. Y. Deshmukh, AOR Mr. Rajesh Mahale, AOR Mr. Chander Shekhar Ashri, AOR Mr. Arjun Krishnan, AOR M/S. Dharmaprabhas Law Associates, AOR Ms. Usha Nandini. V, AOR Mr. Rohit K. Singh, AOR Mr. G. Prakash, AOR Mr. B. K. Pal, AOR Mr. P. S. Sudheer, AOR Mr. P. V. Dinesh, AOR Mr. Uday B. Dube, AOR Mr. Y. Raja Gopala Rao, AOR Ms. Y. Vismai Rao, Adv. Mr. Sanjeev Kumar, AOR Mr. Raj Kishor Choudhary, AOR Mr. Sonal Jain, AOR Mr. Vishal Prasad, AOR Mr. Anil Nag, AOR Mr. Rajat Joseph, AOR Mr. Suresh Dutt Dobhal, AOR Mr. Ankur Prakash, Adv. Mr. Chirag M. Shroff, AOR Mr. Anil Kumar Sangal, AOR Mr. Harish Pandey, AOR Ms. Pratibha Jain, AOR Mr. Vijay Kumar, AOR Mr. Dharmendra Kumar Sinha, AOR UPON hearing the counsel the Court made the following O R D E R Mr. Devansh Anoop Mohta, learned counsel, started his arguments at 03.10. PM and was on his legs when the Court rose for the day. Arguments remained unconcluded.
16 The matters remained Part-Heard and are adjourned. (JAYANT KUMAR ARORA) (PARVEEN KUMARI PASRICHA) COURT MASTER BRANCH OFFICER
ITEM NO.5 COURT NO.4 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition (Civil) No. 373/2020 M/S OLIVE TREE TRADING P. LTD. & ORS. Petitioner(s) VERSUS UNION OF INDIA & ANR. Respondent(s) (FOR ADMISSION and IA No.34374/2020-STAY APPLICATION) Date : 26-02-2020 This petition, though listed, was mentioned today. CORAM : HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE V. RAMASUBRAMANIAN For Petitioner(s) Mr. Siddharth Bhatnagar, Sr. Adv. Mr. Varun Singh, AOR Mr. Gaurav Nair, Adv. Ms. Sanika Mehra, Adv. Ms. Kritya Sinha, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Issue notice. In the meantime, the Bank shall not proceed further under the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. Tag the matter along with W.P. (C)No. 1173 of 2018. (NIDHI AHUJA) (NISHA TRIPATHI) AR-cum-PS BRANCH OFFICER
ITEM NO.16 COURT NO.4 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition (Civil) No. 292/2020 M/S LAKSHMI BUSINESS CENTER & ORS. Petitioner(s) VERSUS UNION OF INDIA & ANR. Respondent(s) (FOR ADMISSION and I.R. and IA No.24077/2020-STAY APPLICATION) WITH W.P.(C) No. 289/2020 (X) (FOR ADMISSION and IA No.23930/2020-STAY APPLICATION) Date : 14-02-2020 These petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN HON'BLE MR. JUSTICE S. RAVINDRA BHAT For Petitioner(s) Mr. Devansh A. Mohta, Adv. Mr. Gaurav Nair, Adv. Ms. Kritya Sinha, Adv. Mr. Varun Singh, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Issue notice. In the meantime, the Bank shall not proceed further under the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. Tag the matter along with W.P. (C) No. 1173 of 2018. (NIDHI AHUJA) (NISHA TRIPATHI) AR-cum-PS BRANCH OFFICER
ITEM NO.28 COURT NO.4 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition(s)(Civil) No(s). 271/2020 TANISHKA HOTEL & ANR. Petitioner(s) VERSUS UNION OF INDIA & ORS. Respondent(s) (FOR ADMISSION and IA No.22447/2020-STAY APPLICATION and IA No.22448/2020-EXEMPTION FROM FILING O.T.) Date : 10-02-2020 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN HON'BLE MR. JUSTICE S. RAVINDRA BHAT For Petitioner(s) Mr. Vijay Kumar, AOR Mr. K.C. Pandey, Adv. Mrs. Vithika Garg, Adv. Ms. Vidushi Garg, Adv. Ms. Karishma Singhal, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Issue notice. In the meantime, the Bank shall not proceed further under the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. Tag with W.P. (C) No. 431/2019. (R. NATARAJAN) (NISHA TRIPATHI) AR CUM PS BRANCH OFFICER
ITEM NO.46 COURT NO.4 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition(s)(Civil) No(s). 207/2020 M/S OM SAI CIVIL CONTRACTORS Petitioner(s) VERSUS UNION OF INDIA & ORS. Respondent(s) (FOR ADMISSION and IA No.14392/2020-STAY APPLICATION and IA No.14393/2020-EXEMPTION FROM FILING O.T.) Date : 27-01-2020 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN HON'BLE MR. JUSTICE S. RAVINDRA BHAT For Petitioner(s) Mr. Devansh Mohta, Sr. Adv. Mr. Gaurav Nair, Adv. Kritya Sinha, Adv. Mr. Varun Singh, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Issue notice. Tag with W.P. (C) No. 1173 of 2018. In the meantime, the Bank shall not proceed further under the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. (R. NATARAJAN) (NISHA TRIPATHI) COURT MASTER (SH) BRANCH OFFICER
ITEM NO.51 COURT NO.4 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition (Civil) No. 62/2020 ANIL BALLABDAS KAKANI & ANR. Petitioner(s) VERSUS UNION OF INDIA & ANR. Respondent(s) (FOR ADMISSION and IA No.6689/2020-EX-PARTE STAY and IA No.6690/2020-EXEMPTION FROM FILING O.T.) Date : 24-01-2020 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN HON'BLE MR. JUSTICE S. RAVINDRA BHAT For Petitioner(s) Mr. Garvesh Kabra, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Issue notice. In the meantime, the Bank shall not proceed further under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. Tag the matter along with W.P. (C)No. 1173 of 2018. (NIDHI AHUJA) (NISHA TRIPATHI) COURT MASTER (SH) BRANCH OFFICER
ITEM NO.44 COURT NO.4 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition(Civil) No. 134/2020 M/S WELLBERT PHARMACEUTICAL (BOMBAY) PVT. LTD. & ORS. Petitioner(s) VERSUS UNION OF INDIA & ANR. Respondent(s) (FOR ADMISSION and IA No.10159/2020-STAY APPLICATION ) Date : 20-01-2020 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN HON'BLE MR. JUSTICE S. RAVINDRA BHAT For Petitioner(s) Mr. Devansh Mohta, Adv. Mr. Gaurav Nair, Adv. Mr. Varun Singh, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Issue notice. In the meantime, the Bank shall not proceed further under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. Tag the matter along with Writ Petition (Civil) No. 1173 of 2018. Description of respondent No. 2 in the Memo is allowed to be corrected. (NIDHI AHUJA) (NISHA TRIPATHI) COURT MASTER (SH) BRANCH OFFICER
ITEM NO.10 COURT NO.4 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition(s)(Civil) No(s). 72/2020 M/S TEXCOT EXPORT PVT. LTD. & ANR. Petitioner(s) VERSUS UNION OF INDIA & ORS. Respondent(s) (FOR ADMISSION and IA No.7697/2020-STAY APPLICATION) Date : 16-01-2020 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN HON'BLE MR. JUSTICE ANIRUDDHA BOSE HON'BLE MR. JUSTICE V. RAMASUBRAMANIAN For Petitioner(s) Mr. Siddhartha Bhatnagar, Sr. Adv. Mr. Gaurav Nair, Adv. Mr. Varun Singh, AOR Ms. Pranati Bhatnagar, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Issue notice. Tag with W.P. (C) No. 1173 of 2018. In the meantime, the Bank shall not proceed further under the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. (R. NATARAJAN) (NISHA TRIPATHI) COURT MASTER (SH) BRANCH OFFICER
ITEM NO.110 COURT NO.2 SECTION XI-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No(s). 10871/2010 BARIPADA URBAN CO-OP BANK LTD. & ANR. Appellant(s) VERSUS BIMALA LOCHAN DAS & ORS. Respondent(s) Date : 16-01-2020 This appeal was called on for hearing today. CORAM : HON'BLE MR. JUSTICE N.V. RAMANA HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE KRISHNA MURARI For Appellant(s) Mr. Rutwik Panda, AOR Ms. Nikhar Berry, Adv. Ms. Anshu Malik, Adv. For Respondent(s) Mr. Soumyajit Pani, Adv. Mr. Vinodh Kanna B., AOR Ms. Pratibha Jain, AOR UPON hearing the counsel the Court made the following O R D E R It is brought to our notice that the issue raised in the instant appeal is identical to the issue raised in Civil Appeal No. 5674 of 2009 etc. which was referred to a larger Bench vide order passed by this Court on 26 th February, 2016. In view of the above, we direct the Registry to take this matter alongwith C.A.No. 5674 of 2009 etc. (NEELAM GULATI) (RAJ RANI NEGI) COURT MASTER (SH) ASSISTANT REGISTRAR
OUT-TODAY ITEM NO.48 COURT NO.3 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition(s)(Civil) No(s). 31/2020 M/S GAUTAM MARKETING & ORS. Petitioner(s) VERSUS UNION OF INDIA & ANR. Respondent(s) (FOR ADMISSION and IA No.3580/2020-STAY APPLICATION) Date : 09-01-2020 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN HON'BLE MR. JUSTICE S. RAVINDRA BHAT For Petitioner(s) Mr. Siddharth Bhatnagar, Sr. Adv. Mr. Aditya Sidhra, Adv. Mr. Varun Singh, AOR Mr. Gaurav Nair, Adv. Ms. Pranati Bhatnagar, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Issue notice. Tag with W.P.(C) No. 1173 of 2018. In the meantime, the Bank shall not proceed further under the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. (R. NATARAJAN) (PARVEEN KUMARI PASRICHA) COURT MASTER (SH) BRANCH OFFICER
ITEM NO.30 COURT NO.15 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition(s)(Civil) No(s). 1062/2018 MOHAMMED SHAW & ORS. Petitioner(s) VERSUS UNION OF INDIA & ANR. Respondent(s) (IA No. 127639/2018 - EX-PARTE STAY IA No. 127640/2018 - EXEMPTION FROM FILING O.T.) Date : 18-12-2019 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE NAVIN SINHA HON'BLE MR. JUSTICE KRISHNA MURARI For Petitioner(s) Mr. Garvesh Kabra, AOR Ms. Pooja Kabra, Adv. Mr. Nisarg Choudhary, Adv. For Respondent(s) Mr. Sanjay Jain, ASG Mr. Ashok Panigrahi,Adv. Mr. Apoorv Kurup, Adv. Ms. U. Bhattacharjee, Adv. Mrs. Anil Katiyar, AOR Mr. P. V. Dinesh, AOR UPON hearing the counsel the Court made the following O R D E R Tag with W.P.(C) No. 1007 of 2013. (RAJNI MUKHI) (DIPTI KHURANA) SENIOR PERSONAL ASSISTANT COURT MASTER (NSH)
ITEM NO.46 COURT NO.4 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No. 5682/2009 PRAKASHCHAND SHANTILAL JAIN Appellant(s) VERSUS GODAVARI LAXMI CO-OPERATIVE BANK LTD., JALGAON THE AUTHORISED OFFICER Respondent(s) [ ONLY I.A. D. NO. 74547/2019 IN WP(C)NO. 431/2019 IS TO BE LISTED AGAINST THIS ITEM ] I.A. No. 74547/2019 in W.P.(C) No. 431/2019 (X) (IA No. 74547/2019 - MODIFICATION OF COURT ORDER) Date : 29-11-2019 This application was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN HON'BLE MR. JUSTICE S. RAVINDRA BHAT For Appellant(s) Mr. Vijay Kumar, AOR For Respondent(s) Mr. M. P. Gupta, Adv. Mr. Prashant Singh, Adv. Ms. Anil Katiyar, Adv. Mr. Amar Dave, Adv. Mr. P. S. Sudheer, AOR Mr. Rishi Maheshwari, Adv. Ms. Mayuri Nayyar Chawla, Adv. Ms. Anne Mathew, Adv. Mr. Bharat Sood, Adv. Ms. Shruti Jose, Adv. UPON hearing the counsel the Court made the following O R D E R Given previous orders of this Court, we deem it just to modify our order dated 12.04.2019 and direct the petitioners to deposit 25 per cent of the awarded amount in this Court within a period of three months from today and 25 per cent within a period of six months from today. This amount shall be kept in an interest bearing short term fixed deposit of a nationalised Bank. The interlocutory application stands disposed of. (NIDHI AHUJA) (NISHA TRIPATHI) COURT MASTER (SH) BRANCH OFFICER
ITEM NO.47 COURT NO.4 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition(s)(Civil) No. 1355/2019 REENA TINAAZ PVT. LTD. & ANR. Petitioner(s) VERSUS UNION OF INDIA & ORS. Respondent(s) (FOR ADMISSION and IA No.173398/2019-EX-PARTE STAY) Date : 29-11-2019 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN HON'BLE MR. JUSTICE S. RAVINDRA BHAT For Petitioner(s) Mr. Mrigank Prabhakar, AOR Mr. Dewansh Mehta, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Issue notice. In the meantime, the Bank shall not proceed further under the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. Tag the matter along with Writ Petition (Civil) No. 1007 of 2013. (NIDHI AHUJA) (NISHA TRIPATHI) COURT MASTER (SH) BRANCH OFFICER
ITEM NOS.25 + 44 COURT NO.4 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition(s)(Civil) No(s). 1331/2019 SUBODH AMRUTLAL SANGHVI & ANR. Petitioner(s) VERSUS UNION OF INDIA & ORS. Respondent(s) (FOR ADMISSION and IA No.170056/2019-EX-PARTE STAY) WITH W.P.(C) No. 1339/2019 (X) (FOR ADMISSION and IA No.170837/2019-EX-PARTE STAY) W.P.(C) No. 1353/2019 (X) (FOR ADMISSION and IA No.173231/2019-EX-PARTE STAY) Date : 18-11-2019 These petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN HON'BLE MR. JUSTICE S. RAVINDRA BHAT For Petitioner(s) Mr. Vijay Kumar, AOR Mr. Bharat Gandhi, Adv. Mrs. Vithika Garg, Adv. Ms. Vidushi Garg, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Issue notice. In the meantime, the Bank shall not proceed further under the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. Tag with W.P. (C) No. 431/2019. (R. NATARAJAN) (NISHA TRIPATHI) COURT MASTER (SH) BRANCH OFFICER
ITEM NO.803 COURT NO.5 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No(s). 5682/2009 PRAKASHCHAND SHANTILAL JAIN Appellant(s) VERSUS GODAVARI LAXMI CO-OPERATIVE BANK LTD., JALGAON THE AUTHORISED OFFICER Respondent(s) ([ ONLY I.A. D. NO. 74547/2019 IN WP(C)NO. 431/2019 IS TO BE LISTED AGAINST THIS ITEM ] ) WITH W.P. (C) No. 431/2019 (FOR MODIFICATION OF COURT ORDER ON IA 74547/2019) Date : 23-10-2019 This matter (Only I.A. 74547/2019) was orally MENTIONED today. CORAM : HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN HON'BLE MR. JUSTICE SURYA KANT HON'BLE MR. JUSTICE V. RAMASUBRAMANIAN For Appellant(s) Ms. Anagha S. Desai, AOR Mr. Vijay Kumar, AOR For Respondent(s) Mr. P.S. Sudheer, AOR Mrs. Anil Katiyar, AOR UPON being MENTIONED the Court made the following O R D E R List only the I.A. in the month of November, 2019. (R. NATARAJAN) (NISHA TRIPATHI) COURT MASTER (SH) BRANCH OFFICER
ITEM NO.12 COURT NO.7 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition(s)(Civil) No(s). 1232/2019 LAL V.A. Petitioner(s) VERSUS UNION OF INDIA & ANR. Respondent(s) (FOR ADMISSION and IA No.149676/2019-EX-PARTE STAY and IA No.149680/2019-EXEMPTION FROM FILING O.T. ) Date : 14-10-2019 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE UDAY UMESH LALIT HON'BLE MR. JUSTICE ANIRUDDHA BOSE For Petitioner(s) Mr. Garvesh Kabra, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Issue notice. Tag with W.P.(C ) No.1173/2018. In the meantime, the Bank shall not proceed further under the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. (INDU MARWAH) (SUMAN JAIN) COURT MASTER BRANCH OFFICER
ITEM NO.47 COURT NO.9 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition for Special Leave to Appeal (C) No. 19035/2019 (Arising out of impugned final judgment and order dated 03-09-2018 in WP No. 7314/2017 passed by the High Court Of Judicature At Bombay At Nagpur) M/S RAJESH SANGHANI AND BROTHERS & ORS. Petitioner(s) VERSUS THE YAVATMAL URBAN COOPERATIVE BANK LIMITED & ORS.Respondent(s) (IA No. 115364/2019 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Date : 23-08-2019 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE MR. JUSTICE DINESH MAHESHWARI For Petitioner(s) Mr. Jayanth Muthraj, Sr. Adv. Mr. Jaimon Andrews, Adv. Mr. Piyo Harold Jaimon, Adv. Mr. Sandeep Thakur, Adv. Mr. Naresh Kumar, AOR For Respondent(s) Mr. Mukul Rohatgi, Sr. Adv. rr.1 Mr. Siddharth Dharmadhikari, Adv. Mr. Devanshi Singh, Adv. Mr. Rameshwar Prasad Goyal, AOR rr.3 Mr. Gagan Sanghi, Adv. Mr. Rameshwar Prasad Goyal, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted. To be heard along with C.A. No. 5674/2009. Status quo with regard to the subject property shall be maintained by the parties until further orders. [ CHARANJEET KAUR ] [ VIDYA NEGI ] A.R.-CUM-P.S. COURT MASTER
ITEM NO.27+68 COURT NO.7 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition(s)(Civil) No(s). 1027/2019 M/S K SQUARE RESTAURANTS PVT. LTD. (FORMERLY KNOWN AS TRISTAR RESTAURANTS PVT. LTD) & ORS.Petitioner(s) VERSUS UNION OF INDIA & ANR. Respondent(s) (IA No.120866/2019-EX-PARTE STAY ) Item- 68 W.P.(Civil) No(s). 1035/2019 (IA No.121770/2019-EX-PARTE STAY and IA No.121771/2019-EXEMPTION FROM FILING O.T. WITH W.P.(C) No. 1043/2019 (X) (IA No.122572/2019-EX-PARTE STAY and IA No.122574/2019-EXEMPTION FROM FILING O.T.) Date : 19-08-2019 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE UDAY UMESH LALIT HON'BLE MR. JUSTICE VINEET SARAN For Petitioner(s) Mr. Garvesh Kabra, AOR Ms. Pooja Kabra, Adv. Mr. Prakash Srivastava,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Issue notice. Tag with W.P.(C ) No.1173/2018. In the meantime, the Bank shall not proceed further under the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. (INDU MARWAH) (RENU DIWAN) COURT MASTER ASSISTANT REGISTRAR
1 ITEM NO.3 COURT NO.9 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 169/2019 (Arising out of impugned final judgment and order dated 03-09-2018 in WP No. 7314/2017 passed by the High Court Of Judicature At Bombay At Nagpur) M/S RAJESH SANGHANI AND BROTHERS & ORS. Petitioner(s) VERSUS THE YAVATMAL URBAN COOPERATIVE BANK LIMITED & ORS. Respondent(s) (FOR ADMISSION and I.R. and IA No.16917/2019-CONDONATION OF DELAY IN FILING ) Date : 05-08-2019 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE MR. JUSTICE DINESH MAHESHWARI For Petitioner(s) Mr. V. Giri, Sr. Adv. Mr. S.P. Kshirsagar, Adv. Mr.Jaimon Andhrews, Adv. Ms. Piyo Harold Jaimon, Adv. Mr. Sandeep Thakur, Adv. Mr. Naresh Kumar, AOR For Respondent(s) Mr. Mukul Rohatgi, Sr. Adv. Mr. Siddarth Dharmadhikari, Adv. Mr. Devanshi Singh, Adv. Mr. Prijat Pande, Adv. Mr. Rameshwar Prasad Goyal, AOR UPON hearing the counsel the Court made the following O R D E R Delay condoned. Issue notice on the prayer for interim relief as well as on the Special Leave Petition, returnable on 23.08.2019.
2 Dasti, in addition, is permitted. Tag with SLP (C) No. 17935 of 2015 and connected cases. (DEEPAK SINGH) (VIDYA NEGI) COURT MASTER (SH) COURT MASTER (NSH)
ITEM NO.3 COURT NO.5 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No(s). 5682/2009 PRAKASHCHAND SHANTILAL JAIN Appellant(s) VERSUS GODAVARI LAXMI CO-OPERATIVE BANK LTD., JALGAON THE AUTHORISED OFFICER Respondent(s) ([ ONLY I.A. D. NO. 74547/2019 IN WP(C)NO. 431/2019 IS TO BE LISTED AGAINST THIS ITEM ] ) WITH W.P.(C) No. 431/2019 (X) (FOR MODIFICATION OF COURT ORDER ON IA 74547/2019) Date : 29-07-2019 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN HON'BLE MR. JUSTICE SURYA KANT For Appellant(s) Mr. Satyajit A. Desai, Adv. Ms. Anagha S. Desai, AOR Mr. Vijay Kumar, AOR For Respondent(s) Mr. Amar Dave, Adv. Mr. P. S. Sudheer, AOR Mr. Rishi Maheshwari, Adv. Ms. Anne Mathew, Adv. Mr. Bharat Sood, Adv. Ms. Shruti Jose, Adv. Mr. Prashant Singh, Adv. Mr. M.P. Gupta, Adv. Mr. Varun Singh, Adv. Mrs. Anil Katiyar, AOR UPON hearing the counsel the Court made the following O R D E R IA 74547/2019 in W.P. (C) No. 431/2019 : Issue notice. Dasti service, in addition, is permitted. List after four weeks. Learned counsel is permitted to file Counter Affidavit in the meantime. (R. NATARAJAN) (RENU DIWAN) COURT MASTER (SH) ASSISTANT REGISTRAR
ITEM NO.28 COURT NO.5 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition(s)(Civil) No. 910/2019 M/S IVF CRAAFT INDIA PRIVATE LIMITED & ORS. Petitioner(s) VERSUS UNION OF INDIA & ORS. Respondent(s) (FOR ADMISSION and IA No.103953/2019-STAY APPLICATION) Date : 26-07-2019 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN HON'BLE MR. JUSTICE SURYA KANT For Petitioner(s) Mr. Vijay Kumar, AOR Mr. Bharat L. Gandhi, Adv. Ms. Vithika Garg, Adv. Ms. Vidushi Garg, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Issue notice. In the meantime, the Bank shall not proceed further under the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. Tag the matter along with W.P. (C)No. 1173 of 2018. (NIDHI AHUJA) (RENU DIWAN) COURT MASTER (SH) ASSISTANT REGISTRAR
ITEM NO.801 COURT NO.5 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No(s). 5682/2009 PRAKASHCHAND SHANTILAL JAIN Appellant(s) VERSUS GODAVARI LAXMI CO-OPERATIVE BANK LTD., JALGAON Respondent(s) (I.A. D. No. 74547 of 2019 in W.P. (C) No. 431 of 2019) Date : 23-07-2019 This I.A. (74547/2019) was orally MENTIONED today. CORAM : HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE SURYA KANT For Appellant(s) Ms. Anagha S. Desai, AOR For Respondent(s)/ Mr. Amar Dave, Adv. (Mentioned by) Applicant Mr. P.S. Sudheer, AOR Mr. Rishi Maheshwari, Adv. Ms. Anne Mathew, Adv. Mr. Bharat Sood, Adv. Ms. Shruti Jose, Adv. UPON being MENTIONED the Court made the following O R D E R List only I.A. D. No. 74547/2019 in W.P. (C) No. 431 of 2019 on Monday, the 29 th July, 2019, if the same is in order. (R. NATARAJAN) (RENU DIWAN) COURT MASTER (SH) ASSISTANT REGISTRAR
ITEM NO.28 COURT NO.5 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition (Civil) No. 752/2019 SHASHI PURSHOTTAM MOHATA Petitioner(s) VERSUS UNION OF INDIA & ORS. Respondent(s) (FOR ADMISSION and IA No.88213/2019-EX-PARTE STAY and IA No.88215/2019-EXEMPTION FROM FILING O.T.) Date : 03-07-2019 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN HON'BLE MR. JUSTICE SURYA KANT For Petitioner(s) Mr. Garvesh Kabra, AOR Ms. Pooja Kabra, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Issue notice. In the meanwhile, the Bank shall not proceed further under the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. Tag the matter along with W.P. (C)No. 567 of 2019. (NIDHI AHUJA) (RENU DIWAN) COURT MASTER (SH) ASSISTANT REGISTRAR
ITEM NO.7 COURT NO.4 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition(s)(Civil) No(s). 736/2019 M/S SONUSYNFAB PVT LTD & ORS. Petitioner(s) VERSUS UNION OF INDIA & ANR. Respondent(s) (FOR ADMISSION and IA No.87224/2019-STAY APPLICATION Date : 07-06-2019 This petition was called on for hearing today. CORAM : HON'BLE MS. JUSTICE INDIRA BANERJEE HON'BLE MR. JUSTICE AJAY RASTOGI (VACATION BENCH) For Petitioner(s) Mr. Gaurav Nair, Adv. Mr. Varun Singh, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Tag with Writ Petition (C) No.431 of 2019. (NEETU KHAJURIA) COURT MASTER (ANITA RANI AHUJA) COURT MASTER
ITEM NO.820 COURT NO.4 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition(s)(Civil) No(s). 736/2019 M/S SONUSYNFAB PVT LTD & ORS. Petitioner(s) VERSUS UNION OF INDIA & ANR. Respondent(s) (FOR ADMISSION and IA No.87224/2019-STAY APPLICATION ) Date : 06-06-2019 This petition was mentioned on for hearing today. CORAM : HON'BLE MS. JUSTICE INDIRA BANERJEE HON'BLE MR. JUSTICE AJAY RASTOGI (VACATION BENCH) For Petitioner(s) Mr. Varun Singh, AOR(Mentioned by) For Respondent(s) UPON hearing the counsel the Court made the following O R D E R List on 07.06.2019. (ASHWANI KUMAR) (ANITA RANI AHUJA) COURT MASTER (SH) COURT MASTER (NSH)
ITEM NO.806 COURT NO.5 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No(s). 5682/2009 PRAKASHCHAND SHANTILAL JAIN Appellant(s) VERSUS GODAVARI LAXMI CO-OPERATIVE BANK LTD., JALGAON THE AUTHORISED OFFICER Respondent(s) (I.A. No. 74547 of 2019 in W.P. 431 of 2019) Date : 07-05-2019 This matter (W.P. 431/2019) was orally MENTIONED today. CORAM : HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN HON'BLE MR. JUSTICE VINEET SARAN For Appellant(s) Mr. P.S. Sudheer, AOR (Mentioned by) Mr. Chirag M. Shroff, AOR Mr. Sarad Kumar Singhania, AOR Ms. Anagha S. Desai, AOR Mr. Arvind Gupta, AOR For Respondent(s) Ms. Abha R. Sharma, AOR Mr. Sarad Kumar Singhania, AOR Mr. Rohit K. Singh, AOR UPON being MENTIONED the Court made the following O R D E R Liberty to approach the Vacation Bench is granted. (R. NATARAJAN) (SUNIL KUMAR RAJVANSHI) COURT MASTER (SH) BRANCH OFFICER
ITEM NO.14 COURT NO.5 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition(s)(Civil) No. 567/2019 PK MOHANAN Petitioner(s) VERSUS UNION OF INDIA & ANR. Respondent(s) (FOR ADMISSION and IA No.70807/2019-EX-PARTE STAY) Date : 06-05-2019 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN HON'BLE MR. JUSTICE VINEET SARAN For Petitioner(s) Mr. Garvesh Kabra, AOR Ms. Pooja Kabra, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Issue notice. Tag with W.P. (C)No. 1173 of 2018. In the meantime, the Bank shall not proceed further under the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. (NIDHI AHUJA) (SUNIL KUMAR RAJVANSHI) COURT MASTER (SH) COURT MASTER
1 ITEM NO.60 COURT NO.5 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No(s). 5682/2009 PRAKASHCHAND SHANTILAL JAIN Appellant(s) VERSUS GODAVARI LAXMI CO-OPERATIVE BANK LTD., JALGAON Respondent(s) (only I.A. No. 66635 of 2019 in W.P. 254 of 2019 to be listed on 3.5.2019 ) WITH I.A. No. 66635 of 2019 in W.P.(C) No. 254/2019 (X) NIRMAN REALTORS AND DEVELOPERS LTD. & ORS. Petitioner(s) VERSUS UNION OF INDIA & ORS. Respondent(s) (FOR CLARIFICATION/DIRECTION ) Date : 03-05-2019 This application was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN HON'BLE MR. JUSTICE VINEET SARAN For Appellant(s) Mr. Chirag M. Shroff, AOR Mr. Sarad Kumar Singhania, AOR Mr. Satyajit A. Desai, Adv. Ms. Anagha S. Desai, AOR Mr. Arvind Gupta, AOR For Respondent(s) Ms. Abha R. Sharma, AOR Mr. Sarad Kumar Singhania, AOR Ms. V. Mohana, Sr.Adv. Mr. Rohit K. Singh, AOR Mr. Vivek V. Phadke, Adv.
2 UPON hearing the counsel the Court made the following O R D E R Learned counsel for the respondents is granted two weeks’ time to file counter affidavit. Rejoinder affidavit, if any, may be filed within one week thereafter. List after three weeks. (SUKHBIR PAUL KAUR) (RENU DIWAN) AR CUM PS ASSISTANT REGISTRAR
ITEM NO.802 COURT NO.5 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No. 5682/2009 PRAKASHCHAND SHANTILAL JAIN Appellant(s) VERSUS GODAVARI LAXMI CO-OPERATIVE BANK LTD., JALGAON THE AUTHORISED OFFICER Respondent(s) I.A. No. 66635 of 2019 in Writ Petition (Civil) No. 254 of 2019 NIRMAN REALTORS AND DEVELOPERS LTD. & ORS. Petitioner(s) VERSUS UNION OF INDIA & ORS. Respondent(s) Date : 26-04-2019 I.A. No. 66635/2019 in W.P. (C)No. 254/2019 was mentioned today. CORAM : HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN HON'BLE MR. JUSTICE VINEET SARAN For Petitioner Mr. Arvind Gupta, AOR For Respondent For Applicant Mr. Rohit K. Singh, AOR Mr. Tanvir Nair, Adv. UPON hearing the counsel the Court made the following O R D E R List I.A. No. 66635/2019 in W.P. (C)No. 254/2019 next week. (NIDHI AHUJA) (RENU DIWAN) COURT MASTER (SH) ASSISTANT REGISTRAR
CA 5682/2009 etc. 1 ITEM NO.8 COURT NO.1 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No. 5682/2009 PRAKASHCHAND SHANTILAL JAIN Appellant VERSUS GODAVARI LAXMI CO-OPERATIVE BANK LTD., JALGAON THE AUTHORISED OFFICER Respondent WITH W.P.(C) No. 264/2013 (X) (FOR WITHDRAWAL OF CASE/APPLICATION ON IA 23027/2019) Date : 22-04-2019 This matter was called on for hearing today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE DEEPAK GUPTA HON'BLE MR. JUSTICE SANJIV KHANNA For Appellant Mr. Satyajit A. Desai, Adv. Ms. Anagha S. Desai, AOR Mr. Sarad Kumar Singhania, AOR Ms. Rashmi Singhania, Adv. Mr. Chirag M. Shroff, AOR For Respondent Mr. Vinay Navare, Sr. Adv. Ms. Gwen Karthika, Adv. Ms. Abha R. Sharma, AOR Mr. Mohan Prasad Gupta, Adv. Mr. Anmol Chandan, Adv. Mrs. Anil Katiyar, Adv. Mr. Raj Bahadur, Adv. Mr. Arvind Kumar Sharma, Adv. (AOR) Mr. Sarad Kumar Singhania, AOR UPON hearing the counsel the Court made the following O R D E R W.P.(C) No. 264/2013 Taking note of the grounds on which the
CA 5682/2009 etc. 2 application for withdrawal of the writ petition has been filed, we allow the same. W.P.(C) No. 264/2013 and I.A. no. 23027/2019 accordingly stand disposed of. (Deepak Guglani) (Anand Prakash) Court Master Court Master
ITEM NO.29 COURT NO.5 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition(s)(Civil) No(s). 439/2019 M/S DEEPAK TEXTILES & ANR. Petitioner(s) VERSUS UNION OF INDIA & ANR. Respondent(s) (FOR ADMISSION and I.R. and IA No.57155/2019-EX-PARTE STAY and IA No.57157/2019-EXEMPTION FROM FILING O.T.) Date : 12-04-2019 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN HON'BLE MR. JUSTICE VINEET SARAN For Petitioner(s) Mr. Arvind Gupta, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Application seeking exemption from filing Official Translation is allowed. Issue notice. Tag with W.P. (C) No. 1007 of 2013. In the meantime, the Bank shall not proceed further under the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. (R. NATARAJAN) (RENU DIWAN) COURT MASTER (SH) ASSISTANT REGISTRAR
ITEM NO.32 COURT NO.5 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition(s)(Civil) No(s). 431/2019 M/S FOOD KRAFT & ANR. Petitioner(s) VERSUS UNION OF INDIA & ORS. Respondent(s) (FOR ADMISSION and IA No.56238/2019-STAY APPLICATION) Date : 12-04-2019 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN HON'BLE MR. JUSTICE VINEET SARAN For Petitioner(s) Mr. Vijay Kumar, AOR Mr. Bharat L Gandhi, Adv. Ms. Vithika Garg, Adv. Ms. Vidushi Garg, Adv. Mr. C.D. Singh, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Issue notice. Tag with W.P. (C) No. 1173 of 2018. In the meantime, the Bank shall not proceed further under the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. (R. NATARAJAN) (RENU DIWAN) COURT MASTER (SH) ASSISTANT REGISTRAR
ITEM NO.804 COURT NO.5 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition (Civil) No. 253/2019 GREENREV AGRO PRIVATE LIMITED & ANR. Petitioner(s) VERSUS MOGAVEERA CO OPERATIVE BANK LTD. THR. MANAGING DIRECTOR & ORS. Respondent(s) (With I.A. No. 36308/2019 – STAY APPLICATION) Date : 26-03-2019 This matter was mentioned today. CORAM : HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN HON'BLE MR. JUSTICE VINEET SARAN For Appellant(s) Mr. Rabin Majumder, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Order dated 15.03.2019 shall be read as under: “Issue notice in the writ petition as also in the application for stay. Tag the matter along with W.P. (C)No. 1173 of 2018.” (NIDHI AHUJA) (RENU DIWAN) COURT MASTER (SH) ASSISTANT REGISTRAR
ITEM NO.17 COURT NO.5 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition(s)(Civil) No. 253/2019 GREENREV AGRO PRIVATE LIMITED & ANR. Petitioner(s) VERSUS MOGAVEERA CO OPERATIVE BANK LTD THR. MANAGING DIRECTOR & ORS. Respondent(s) (FOR ADMISSION and IA No.36308/2019-STAY APPLICATION) Date : 15-03-2019 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN HON'BLE MR. JUSTICE VINEET SARAN For Petitioner(s) Mr. Mathews J. Nedumpara, Adv. Mr. A. C. Philip, Adv. Mr. Rajvardhan Singh, Adv. Mr. Rabin Majumder, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Tag the matter along with W.P. (C)No. 1173 of 2018. (NIDHI AHUJA) (RENU DIWAN) COURT MASTER (SH) ASSISTANT REGISTRAR
ITEM NO.26 COURT NO.5 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition (Civil) No. 254/2019 NIRMAN REALTORS AND DEVELOPERS LTD. & ORS. Petitioner(s) VERSUS UNION OF INDIA & ORS. Respondent(s) (FOR ADMISSION and IA No.36350/2019-EX-PARTE STAY) Date : 15-03-2019 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN HON'BLE MR. JUSTICE VINEET SARAN For Petitioner(s) Mr. Shashi Kant Agarwal, Sr. Adv. Mr. Arvind Gupta, AOR Mr. Kafil A. Khan, Adv. Mr. Sandeep Kumar Singh, Adv. Ms. Sana Khan, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Issue notice. Tag the matter along with W.P. (C)No. 1173 of 2018 In the meantime, the Bank shall not proceed further under the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. (NIDHI AHUJA) (RENU DIWAN) COURT MASTER (SH) ASSISTANT REGISTRAR
ITEM NO.802 COURT NO.3 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS I.A. No.23027/2019 in W.P.(Civil) No.264/2013 Alcast Foundary Pvt. Ltd. & Ors. Petitioner(s) VERSUS Union of India & Ors. Respondent(s) (For withdrawal of writ petition) Date : 01-03-2019 This application was mentioned today. CORAM : HON'BLE MR. JUSTICE S.A. BOBDE HON'BLE MR. JUSTICE DEEPAK GUPTA Counsel for the parties Mr. Sarad Kumar Singhania, AOR UPON hearing the counsel the Court made the following O R D E R As prayed for, list the instant application after two weeks. (SANJAY KUMAR-II) (INDU KUMARI POKHRIYAL) COURT MASTER (SH) ASSISTANT REGISTRAR
ITEM NO.39 REGISTRAR COURT. 2 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR AVANI PAL SINGH Writ Petition(s)(Civil) No(s). 1062/2018 MOHAMMED SHAW & ORS. Petitioner(s) VERSUS UNION OF INDIA & ANR. Respondent(s) Date : 27-02-2019 This petition was called on for hearing today. For Petitioner(s) Mr. Garvesh Kabra, AOR Ms. Pooja Kabra,Adv. Ms. Maithili Shubhangi,Adv. For Respondent(s) Mr. Sumanta S. Bandyopadhyay,Adv. Mrs. Anil Katiyar, AOR Mr. P. V. Dinesh, AOR UPON hearing the counsel the Court made the following O R D E R Ld. Counsel for the respondent No.2 has not filed any counter affidavit despite grant of last chance. Four weeks’ time, as a last chance is given to respondent No. 1 to file the counter affidavit. After expiry of four weeks, list the matter before the Hon'ble Court. Avani Pal Singh Registrar MG
ITEM NO.60 COURT NO.9 SECTION IV-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 2191-2194/2019 (Arising out of impugned final judgment and order dated 28-11-2018 in WA No. 799/2018 28-11-2018 in WA No. 935/2018 28-11-2018 in WA No. 936/2018 28-11-2018 in WA No. 937/2018 passed by the High Court Of Karnataka At Bengaluru) MAHESH KUMAR SAHU & ANR. Petitioner(s) VERSUS M/S MALLESHWARAM COOPOERATIVE BANK LTD. & ORS. Respondent(s) (IA 25366/2019 – Permission to file additional documents/ facts/annexures) Date : 18-02-2019 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE MR. JUSTICE AJAY RASTOGI For Petitioner(s) Mr. Sushil Kumar Jain, Sr. Adv. Mr. H. Chandra Sekhar, AOR Ms. Rekha Chandrasekhar, Adv. For Respondent(s) Mr. Rameshwar Prasad Goyal, AOR Mr. Chandrashekhar A. Chakalabbi, Adv. Mr. Shiv Pandey, Adv. Mr. Anshul Rai, Adv. Mr. Awanish Kumar, Adv. M/S. Dharmaprabhas Law Associates, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted. List this Civil Appeal alongwith Civil Appeal No. 5674 of 2009. Interim stay on the same terms as order dated 26.02.2016 passed in Civil Appeal No. 5674 of 2009. In other words, the
appellant shall deposit 50% of the dues within four months from today, failing which the interim stay shall stand vacated forthwith without further reference to the court. Status quo, as of today, shall be maintained by the parties with regard to the suit property subject to fulfillment of the above condition. (DEEPAK SINGH) (VIDYA NEGI) COURT MASTER (SH) COURT MASTER (NSH)
ITEM NO.26 COURT NO.11 SECTION IV-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 2191-2194/2019 (Arising out of impugned final judgment and order dated 28-11-2018 in WA No. 799/2018 28-11-2018 in WA No. 935/2018 28-11-2018 in WA No. 936/2018 28-11-2018 in WA No. 937/2018 passed by the High Court Of Karnataka At Bengaluru) MAHESH KUMAR SAHU & ANR. Petitioner(s) VERSUS M/S MALLESHWARAM COOPOERATIVE BANK LTD. & ORS. Respondent(s) (IA No. 25366/2019 – Permission to file additional documents/facts/annexures) Date : 12-02-2019 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE MR. JUSTICE AJAY RASTOGI For Petitioner(s) Mr. H. Chandra Sekhar, AOR Mr. S.K. Pandey, Adv. Mr. Anshul Rai, Adv. Mr. Awanish Kr., Adv. For Respondent(s) Mr. C.M. Angadi, Adv. Mr. Shereef. K.A., Adv. Mr. Rameshwar Prasad Goyal, AOR UPON hearing the counsel the Court made the following O R D E R At the request of the counsel for the respondent, list the matter on 18.02.2019. (DEEPAK SINGH) (VIDYA NEGI) COURT MASTER (SH) COURT MASTER (NSH)
ITEM NO.801 COURT NO.8 SECTION IV-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 2191-2194/2019 (Arising out of impugned final judgment and order dated 28-11-2018 in WA No. 799/2018 28-11-2018 in WA No. 935/2018 28-11-2018 in WA No. 936/2018 28-11-2018 in WA No. 937/2018 passed by the High Court Of Karnataka At Bengaluru) MAHESH KUMAR SAHU & ANR. Petitioner(s) VERSUS M/S MALLESHWARAM COOPOERATIVE BANK LTD. & ORS. Respondent(s) (RETURNABLE NOTICE FOR 18.02.2019) Date : 11-02-2019 These petitions were mentioned today. CORAM : HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE MR. JUSTICE AJAY RASTOGI For Petitioner(s) Mr. H. Chandra Sekhar, AOR For Respondent(s) Mr. Rameshwar Prasad Goyal, AOR UPON being mentioned the Court made the following O R D E R List the matter tomorrow i.e. 12.02.2019. (DEEPAK SINGH) (VIDYA NEGI) COURT MASTER (SH) COURT MASTER (NSH)
1 ITEM NO.22 COURT NO.14 SECTION IV-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 1877/2019 (Arising out of impugned final judgment and order dated 19-11-2018 in WP No. 52837/2014 passed by the High Court Of Karnataka At Bengaluru) M/S LATHA ASSOCIATES Petitioner(s) VERSUS THE BANGALORE CITY COOPERATIVE BANK LTD. Respondent(s) (FOR ADMISSION and I.R.) Date : 04-02-2019 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR HON'BLE MR. JUSTICE AJAY RASTOGI For Petitioner(s) Mr. Karunakar Mahalik, AOR Mr. B. Vishwanath Bhandarkar, Adv. Ms. Rumi Chanda, Adv. Mr. Gobind Kumar, Adv. Mr. C.P. Singh, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Learned counsel for the petitioner submits that the question relating to the applicability of Secularization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) to Cooperative Societies/Banks is pending consideration before the larger Bench. He produces the order dated 26 th February, 2016 passed by this Court in Civil Appeal No.5674 of
2 2009 in support of the said contention. Hence post the present special leave petition along with Civil Appeal No.5674 of 2009. Issue notice. Until further orders, status quo , as on today, shall be maintained by the parties. (NEETU KHAJURIA) COURT MASTER (VIDYA NEGI) COURT MASTER
ITEM NO.34 COURT NO.11 SECTION IV-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition for Special Leave to Appeal (C) Nos. 2191-2194/2019 (Arising out of impugned final judgment and order dated 28-11-2018 in WA No. 799/2018, WA No. 935/2018, WA No. 936/2018 , WA No. 937/2018 passed by the High Court Of Karnataka At Bengaluru) MAHESH KUMAR SAHU & ANR. Petitioner(s) VERSUS M/S MALLESHWARAM COOPOERATIVE BANK LTD. & ORS. Respondent(s) (WITH PRAYER FOR INTERIM RELIEF) Date : 28-01-2019 These petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE MR. JUSTICE AJAY RASTOGI For Petitioner(s) Mr. Basava Prabhu S. Patil, Sr. Adv. Mr.H. Chandra Sekhar, AOR Ms. Rekha chandrasekhar, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Issue notice on the special leave petitions as well as the prayer for interim relief returnable in two weeks. Dasti service, in addition, is permitted. [ Charanjeet Kaur ] [ Vidya Negi ] A.R.-cum-P.S. Court Master(NSH)
ITEM NO.75 REGISTRAR COURT. 2 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR RAJESH KUMAR GOEL Writ Petition(s)(Civil) No(s). 1062/2018 MOHAMMED SHAW & ORS. Petitioner(s) VERSUS UNION OF INDIA & ANR. Respondent(s) Date : 14-01-2019 This petition was called on for hearing today. For Petitioner(s) Mr. Garvesh Kabra, AOR For Respondent(s) Mr. Kamal Kishore, Adv. Mrs. Anil Katiyar, AOR Mr. P. V. Dinesh, AOR UPON hearing the counsel the Court made the following O R D E R Respondent no. 1 is given four weeks’ time to file counter affidavit. Respondent no. 2 may file the same, as a last opportunity, within four weeks’ time. List again on 27.02.2019. RAJESH KUMAR GOEL Registrar JG
CA 5682/2009 etc. 1 ITEM NO.1 COURT NO.1 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No. 5682/2009 PRAKASHCHAND SHANTILAL JAIN Appellant VERSUS GODAVARI LAXMI CO-OPERATIVE BANK LTD., JALGAON THROUGH THE AUTHORISED OFFICER Respondent WITH W.P.(C) No. 36/2013 (X) (I.A. No. 131805/2018 – CLARIFICATION/DIRECTION) W.P.(C) No. 79/2015 (X) (I.A. No. 83511/2018 – CLARIFICATION/DIRECTION) Date : 10-01-2019 This appeal was called on for hearing today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE L. NAGESWARA RAO HON'BLE MR. JUSTICE SANJAY KISHAN KAUL For Appellant Mr. M.K. Pandy, Adv. Mr. K.K. Khurana, Adv. Mr. Hari Shankar Jai, Adv. Mr. Vishnu Shankar Jain, Adv. (AOR) Mr. Gautam Narayan, Adv. Mr. Varun Singh, AOR Mr. Gaurav Nair, Adv. Mr. Chirag M. Shroff, AOR Ms. Neha Sangwan, Adv. Ms. Anagha S. Desai, AOR For Respondent Mr. D. Bharat Kumar, Adv. Mr. Tadimalla Baskar Gowtham, Adv. Mr. Aman Shukla, Adv. Mr. Abhijit Sengupta, AOR Ms. Abha R. Sharma, AOR
CA 5682/2009 etc. 2 UPON hearing the counsel the Court made the following O R D E R I.A. No. 131805/2018 in W.P.(C) No. 36/2013 The order dated 27.12.2016 passed by the Debts Recovery Appellate Tribunal, Mumbai, a copy of which has been placed before this Court at the hearing by learned counsel for the writ petitioner would go to show that in all, an amount of Rs.1,70,00,000/- (Rupees one crore seventy lakhs only) has been deposited by the writ petitioner. Learned counsel further states that thereafter an amount of Rs.16,00,000/- (Rupees sixteen lakhs only) has been deposited. The aforesaid deposit substantially complies with the order of this Court, dated 18.2.2015, though belatedly. We are, therefore, of the view that this application ought not to be entertained any further. The same is accordingly closed. The order dated 27.12.2016 passed by the Debts Recovery Appellate Tribunal, Mumbai be kept on record. I.A. No. 83511/2018 in W.P.(C) No. 79/2015 We have heard learned counsels for the parties and we have perused the statements made in the application. In paragraph 7 of the application, it has been stated that the petitioner has accepted and paid the OTS amount of Rs.3,50,00,000/- (Rupees three crores fifty lakhs only) to the respondent Bank. The receipt in this regard issued by the Bank is also enclosed. In the above circumstances, we allow the prayers made in the application and direct the respondent Bank to give No Objection Certificate etc. and release charge over the mortgage properties as per the
CA 5682/2009 etc. 3 settlement and subject to payments as claimed. The application is disposed of in the above terms. Writ Petition (C) 79/2015 also stands closed. (Deepak Guglani) (Anand Prakash) Court Master Court Master
ITEM NO.30 COURT NO.11 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition(s)(Civil) No(s). 1437/2018 GEORGE ARAKKAL AND SONS TEXTILE PRIVATE LIMITED Petitioner(s) VERSUS UNION OF INDIA & ORS. Respondent(s) (FOR ADMISSION and IA No.173388/2018-APPROPRIATE ORDERS/DIRECTIONS) Date : 10-12-2018 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE MR. JUSTICE HEMANT GUPTA For Petitioner(s) Mr. M. P. Vinod, AOR Mr. Atul Shankar, Adv. Mr. Dileep Pillai, Adv. Mr. Ajay K. Jain,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Rule. Issue notice on I.A. No.173388-application seeking ex-parte ad interim directions. Tag with Civil Appeal No.5674 of 2009. (NEETU KHAJURIA) COURT MASTER (ANITA RANI AHUJA) COURT MASTER
ITEM NO.58 REGISTRAR COURT. 2 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR RAJESH KUMAR GOEL Writ Petition(s)(Civil) No(s). 1062/2018 MOHAMMED SHAW & ORS. Petitioner(s) VERSUS UNION OF INDIA & ANR. Respondent(s) Date : 02-11-2018 This petition was called on for hearing today. For Petitioner(s) Mr. Garvesh Kabra, AOR For Respondent(s) Mr. Mukund P. Unny,Adv. Mr. P. V. Dinesh, AOR UPON hearing the counsel the Court made the following O R D E R Four weeks’ time is given to respondent No.2 to file counter affidavit. S ervice of notice is complete qua respondent No. 1 but no one has entered appearance on his behalf. List again on 14.1.2019. RAJESH KUMAR GOEL Registrar MG
ITEM NOS.19+60 COURT NO.8 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition(s)(Civil) No(s). 1173/2018 ALEIXO ARNOLFO PEREIRA & ANR. Petitioner(s) VERSUS UNION OF INDIA & ORS. Respondent(s) (FOR ADMISSION and IA No.138731/2018-STAY APPLICATION ) WITH Writ Petition (C) No. 1231/2018 (For admission) Date : 05-10-2018 These petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN HON'BLE MR. JUSTICE NAVIN SINHA For Petitioner(s) Mr. Jayant Bhushan, Sr. Adv. Mr. Abhishek Agarwal, AOR Mr. Rajul Shrivastav, Adv. Mr. Mohit D. Ram, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Issue notice and tag with Writ Petition (C) No. 1007 of 2013. In the meantime, the Bank shall not proceed further under the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. (R. NATARAJAN) (TAPAN KUMAR CHAKRABORTY) COURT MASTER (SH) BRANCH OFFICER
ITEM NO.70 REGISTRAR COURT. 1 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR SURYA PRATAP SINGH Civil Appeal No(s). 5682/2009 PRAKASHCHAND SHANTILAL JAIN Appellant(s) VERSUS GODAVARI LAXMI CO-OPERATIVE BANK LTD., JALGAON THE AUTHORISED OFFICER Respondent(s) (ONLY SLP (C) NO. 12916 OF 2013 TO BE LISTED BEFORE LD. REGISTRAR'S COURT ) WITH SLP(C) No. 12916/2013 (XI-A) Date : 04-10-2018 This appeal was called on for hearing today. For Appellant(s) Mr. Anirudh Sanganeria, AOR Ms. Anagha S. Desai, AOR For Respondent(s) Mr. Dharmendra Kumar Sinha, AOR UPON hearing the counsel the Court made the following O R D E R SLP(C) No. 12916/2013 Service is complete on respondent Nos.1 to 3 but none has entered appearance. Last and final opportunity is granted to respondent No.4 for filing counter affidavit within four weeks. Registry to process the matter for listing before the Hon'ble Court after completion of period of four weeks whether counter affidavit is filed or not as further opportunity stands declined. SURYA PRATAP SINGH Registrar
ITEM NO.19 COURT NO.2 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition(s)(Civil) No(s). 1062/2018 MOHAMMED SHAW & ORS. Petitioner(s) VERSUS UNION OF INDIA & ANR. Respondent(s) (FOR ADMISSION and IA No.127639/2018-EX-PARTE STAY and IA No.127640/2018-EXEMPTION FROM FILING O.T. ) Date : 17-09-2018 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE RANJAN GOGOI HON'BLE MR. JUSTICE NAVIN SINHA HON'BLE MR. JUSTICE K.M. JOSEPH For Petitioner(s) Mr. Garvesh Kabra, AOR Mr. Maithiu, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Heard the learned counsel for the petitioners and perused the relevant material. Application for exemption from filing official translation is allowed. Issue notice. Status quo with regard to possession, as on today, shall be maintained by the parties. (NEETU KHAJURIA) COURT MASTER (ASHA SONI) ASSISTANT REGISTRAR
ITEM NO.815 COURT NO.1 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition (Civil) No. 1062/2018 MOHAMMED SHAW & ORS. Petitioners VERSUS UNION OF INDIA & ANR. Respondents Date : 10-09-2018 This matter was MENTIONED today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE DR. JUSTICE D.Y. CHANDRACHUD For Petitioners Mr. Garvesh Kabra, Adv. For Respondents UPON hearing the counsel the Court made the following O R D E R On mentioning, the matter is taken on Board. List the matter during the course of next week before the appropriate Bench as per the roster. (Deepak Guglani) (H.S. Parasher) Court Master Assistant Registrar
ITEM NO.80 REGISTRAR COURT. 1 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MR. KAPIL MEHTA Civil Appeal No(s). 5682/2009 PRAKASHCHAND SHANTILAL JAIN Appellant(s) VERSUS GODAVARI LAXMI CO-OPERATIVE BANK LTD., JALGAON THE AUTHORISED OFFICER Respondent(s) (ONLY SLP (C) NO. 12916 OF 2013 TO BE LISTED BEFORE LD. REGISTRAR'S COURT ) WITH SLP(C) No. 12916/2013 (XI-A) Date : 13-07-2018 This appeal was called on for hearing today. For Appellant(s) Mr. Anirudh Sanganeria, AOR Ms. Anagha S. Desai, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R SLP(C) No. 12916/2013 Service is complete on respondent No.1 but none has entered appearance. The Ld. Counsel for the petitioner to take fresh steps for service of respondent Nos.2 and 3 within two weeks. Notice thereafter be issued. Four weeks' time is granted to respondent No.4 for filing counter affidavit.
Item No.80 -2- Sole petitioner has expired. I.A. for substitution filed within time is allowed. List again on 31.8.2018. KAPIL MEHTA Registrar 13.7.2018 rd
CA 5682/2009 etc. 1 ITEM NO.37 COURT NO.1 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No. 5682/2009 PRAKASHCHAND SHANTILAL JAIN Appellant VERSUS GODAVARI LAXMI CO-OPERATIVE BANK LTD., JALGAON THE AUTHORISED OFFICER Respondent (ONLY I.A NO. 83622/2018 IN SLP(C) NO. 32589/2014 TO BE LISTED AGAINST THIS ITEM) WITH SLP(C) No. 32589/2014 (XIV) (FOR CLARIFICATION/DIRECTION ON IA 83622/2018) Date : 02-07-2018 This matter was called on for hearing today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE DR. JUSTICE D.Y. CHANDRACHUD For Appellant/ Petitioner Mr. Rajul Shrivastav, Adv. Mr. Mohit D. Ram, AOR Ms. Anagha S. Desai, AOR For Respondent Mr. R. Balasubramanian, Adv. Ms. Aarti Sharma, Adv. Mr. R. Balasubramanian, Adv. Mr. Sachin Sharma, Adv. Mr. A.K. Sharma, Adv. Mr. Anil Soni, Adv. Mr. Harish Pandey, AOR Mr. Anil Nag, AOR Mr. Arun Singh, Adv. Mr. Abhilash Nag, Adv.
CA 5682/2009 etc. 2 UPON hearing the counsel the Court made the following O R D E R I.A NO. 83622/2018 in SLP(C) NO. 32589/2014 It is submitted by learned counsel appearing for the petitioners/applicants that the petitioners/applicants have deposited a sum of Rs.3,37,00,000/- (Rupees three crores thirty seven lakhs only). Learned counsel for the respondent-Bank shall obtain instructions in the matter. Let the matter be listed on 23.7.2018. Status quo existing as on today, shall be maintained till then. (Deepak Guglani) (H.S. Parasher) Court Master Assistant Registrar
ITEM NO.2 COURT NO.5 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS I.A. No. 83622 of 83622 of 2018 in Civil Appeal No(s). 5682/2009 PRAKASHCHAND SHANTILAL JAIN Appellant(s) VERSUS GODAVARI LAXMI CO-OPERATIVE BANK LTD., JALGAON Respondent(s) (FOR CLARIFICATION/DIRECTION ) WITH SLP(C) No. 32589/2014 (XIV) (FOR CLARIFICATION/DIRECTION ON IA 83622/2018) Date : 25-06-2018 This appeal was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ARUN MISHRA HON'BLE MR. JUSTICE SANJAY KISHAN KAUL (Vacation Bench) For Appellant(s) Ms. Anagha S. Desai, AOR Mr. Rajul Shrivastav, Adv. Mr. Mohit D. Ram, AOR For Respondent(s) Mr. B. Balasubramaim, Adv. Mr. Anil Nag, AOR Mr. Harish Pandey, AOR Mr. Abhinav Tyagi, Adv. UPON hearing the counsel the Court made the following O R D E R List on 2 nd July, 2018, as service of respondent nos. 1 & 2 is awaited. (NEELAM GULATI) (RAJINDER KAUR) COURT MASTER (SH) BRANCH OFFICER
ITEM NO.1 COURT NO.5 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No(s). 5682/2009 PRAKASHCHAND SHANTILAL JAIN Appellant(s) VERSUS GODAVARI LAXMI CO-OPERATIVE BANK LTD., JALGAON THE AUTHORISED OFFICER Respondent(s) (ONLY I.A.NO.83622/2018 IN SLP(C)NO.32589/2014 TO BE LISTED AGAINST THIS ITEM) WITH SLP(C) No. 32589/2014 (FOR CLARIFICATION/DIRECTION ON IA 83622/2018) Date : 19-06-2018 This application was called on for hearing today. CORAM : HON'BLE MR. JUSTICE S. ABDUL NAZEER HON'BLE MS. JUSTICE INDU MALHOTRA (VACATION BENCH) For Applicant(s)/ Mr. Rajul Shrivastav,Adv. Appellant(s) Ms. Sunita Ojha,Adv. Mr. Mohit D.Ram, AOR Ms. Anagha S. Desai, AOR For Respondent(s) Mr. Anil Nag, AOR Mr. Harish Pandey, AOR Mr. Abhinav Tyagi,Adv. Mr. R.Balasubramanian,Adv. For Mr. A.K.Sharma, AOR UPON hearing the counsel the Court made the following O R D E R Issue notice on I.A.No.83622/2018, returnable on 25 th June, 2018. Mr. Harish Pandey, learned counsel accepts notice on behalf of respondent No.5-AICTE. (ANITA MALHOTRA) (RAJINDER KAUR) COURT MASTER BRANCH OFFICER
ITEM NO.823 COURT NO.5 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No(s). 5682/2009 PRAKASHCHAND SHANTILAL JAIN Appellant(s) VERSUS GODAVARI LAXMI CO-OPERATIVE BANK LTD., JALGAON THE AUTHORISED OFFICER Respondent(s) With I.A.No.83622/2018 in SLP(C)No.32589/2014 (XIV) (FOR DIRECTION) Date : 18-06-2018 This application was mentioned today. CORAM : HON'BLE MR. JUSTICE S. ABDUL NAZEER HON'BLE MS. JUSTICE INDU MALHOTRA (VACATION BENCH) For Petitioner(s)/ Mr. Rajul Shrivastav,Adv. (Mentioned by) Applicant Mr. Mohit D.Ram, AOR For Appellant(s) Mr. Mukul Kumar, AOR Mr. Gaurav Agrawal, AOR Ms. Anagha S. Desai, AOR For Respondent(s) Mr. P. V. Yogeswaran, AOR Ms. Abha R. Sharma, AOR UPON being mentioned the Court made the following O R D E R IA No.83622/2018 in SLP(C)No.32589/2014 List the application tomorrow i.e. 19 th June, 2018. (ANITA MALHOTRA) (RAJINDER KAUR) COURT MASTER BRANCH OFFICER (Mentioning slip is attached with R/P.)
ITEM NO.301 COURT NO.3 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No(s). 5682/2009 PRAKASHCHAND SHANTILAL JAIN Appellant(s) VERSUS GODAVARI LAXMI CO-OPERATIVE BANK LTD., Respondent(s) (ONLY I.A.NO. 5033/2018 IN C.A.NO.4391/2010 IS LISTED) WITH C.A. No. 4391/2010 (XI-A) (I.A.NO. 5033/2018- STAY APPLICATION) Date : 02-05-2018 This appln was called on for hearing today. CORAM : HON'BLE MR. JUSTICE RANJAN GOGOI HON'BLE MRS. JUSTICE R. BANUMATHI HON'BLE MR. JUSTICE NAVIN SINHA For Appellant(s) Ms. Anagha S. Desai, AOR (NP) Mr. Huzefa Ahmadi, Sr. Adv. Mr. Renjith B. Marar, AOR. Ms. Lakshmi N. Kaimal, Adv. Mr. Anubhav Anand Pandey, Adv. Mr. Krishnadas Villadath, Adv. For Respondent(s) Mr. M.T. George, Adv. UPON hearing the counsel the Court made the following O R D E R I.A.No. 5033/2018 IN C.A.No.4391/2010 Having considered the matter, we are unable to find any ground to justify grant of any relief to the applicant. I.A. No.5033 of 2018 is accordingly dismissed. (NEETU KHAJURIA) COURT MASTER (ASHA SONI) BRANCH OFFICER
ITEM NO.4 COURT NO.11 SECTION XI-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No(s). 10871/2010 BARIPADA URBAN CO-OP BANK LTD . & ANR. Appellant(s) VERSUS BIMAL LOCHAN DAS & ORS. Respondent(s) (IA NO. 35339/2018 APPLICATION FOR CLARIFICATION/DIRECTION) Date : 09-04-2018 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN For Appellant(s) Mr. Vinoo Bhagat,Adv. Mr. Rutwik Panda, AOR Ms. Nikhar Berry,Adv. Ms. Anshu Malik,Adv. For Respondent(s) Mr. Soumyajit Pani,Adv. Mr. Chittaranjan Singh,Adv. Mr. Vinodh Kanna B., AOR Ms. Pratibha Jain, AOR UPON hearing the counsel the Court made the following O R D E R Heard learned counsel for the parties. If a settlement acceptable to both the parties is reached in accordance with law, it will be open to the parties to settle the dues. The application is disposed of accordingly. (MADHU BALA) (PARVEEN KUMARI PASRICHA) COURT MASTER (SH) BRANCH OFFICER
ITEM NO.810 COURT NO.1 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No(s).5682/2009 PRAKASHCHAND SHANTILAL JAIN Appellant(s) VERSUS GODAVARI LAXMI COOPERATIVE BANK LTD., JALGAON THE AUTHORISED OFFICER Respondent(s) WITH C.A. No. 4391/2010 (XIA) (I.A. NO. 5033 OF 2018 (APPLICATION FOR STAY) AND I.A. NO. 5035 OF 2018 (APPLICATION FOR EXEMPTION FROM FILING OFFICIAL TRANSLATION) ONLY TO BE LISTED.) Date : 27032018 This appeal was MENTIONED today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE DR. JUSTICE D.Y. CHANDRACHUD For Appellant(s) Mr. Gopal Sankaranayanan, Adv. [Mentioned by] for Mr. Renjith. B, AOR For Respondent(s) Mr. Abhijit Sengupta, AOR UPON hearing the counsel the Court made the following O R D E R Let I.A.No.5033/2018 be listed next week before appropriate Bench as per roster. (Subhash Chander) (H.S. Parasher) ARcumPS Assistant Registrar
1 ITEM NO.2 COURT NO.3 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No(s). 5682/2009 PRAKASHCHAND SHANTILAL JAIN Appellant(s) VERSUS GODAVARI LAXMI CO-OPERATIVE BANK LTD., JALGAON Respondent(s) (ONLY IA NO. 24405/2017 [IA FOR IMPLEADMENT] IN SLP(C) NO. 12916 OF 2013 TO BE LISTED) WITH SLP(C) No. 12916/2013 (XI-A) (FOR [IA FOR IMPLEADMENT] ON IA 24405/2017) Date : 16-03-2018 This application was called on for hearing today. CORAM : HON'BLE MR. JUSTICE DEEPAK GUPTA [IN CHAMBER] For Appellant(s) Ms. Anagha S. Desai, AOR Mr. Anirudh Sanganeria, Adv. Mr. Mukul Kumar, AOR For Respondent(s) Mr. Sudhir Walia, Adv. Mr. Saudamini Sharma, Adv. Ms. Daisy Hannah, Adv. Ms. Sreoshi Chatterjee, Adv. Mr. Mukesh Kumar Maroria, Adv. For Impleadment Mr. Dharmendra Kumar Sinha, AOR UPON hearing the counsel the Court made the following O R D E R I.A. No. 2 in S.L.P. (C) No. 12916 of 2013 for impleadment is filed by the applicant, namely, M/s Assam Co-operative Apex Bank Ltd. as party respondent. The applicant is allowed to intervene in the matter. (SUSHIL KUMAR RAKHEJA) (TAPAN KUMAR CHAKRABORTY) COURT MASTER (SH) BRANCH OFFICER
1 ITEM NO.17 COURT NO.3 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No(s). 5682/2009 PRAKASHCHAND SHANTILAL JAIN Appellant(s) VERSUS GODAVARI LAXMI CO-OPERATIVE BANK LTD. Respondent(s) (Only I.A. No. 100141 of 2017, and 16266 of 2018 in W.P.(C)No. 247 of 2016 are listed) WITH W.P.(C) No. 247/2016 (PIL-W) (FOR FOR STAY APPLICATION ON IA 1/2016 FOR DISPENSING WITH SERVICE OF NOTICE [SEEKING INTERIM DIRECTIONS] ON IA 2/2016 FOR APPROPRIATE ORDERS/DIRECTIONS ON IA 100141/2017 FOR PERMISSION TO FILE ADDITIONAL DOCUMENTS ON IA 102109/2017 FOR CLARIFICATION/DIRECTION ON IA 16266/2018) Date : 06-03-2018 These applns. were called on for hearing today. CORAM : HON'BLE MR. JUSTICE RANJAN GOGOI HON'BLE MRS. JUSTICE R. BANUMATHI For Parties Mr. Mahabir Singh, Sr. Adv. Mr. Satpal Singh, AOR Ms. Prerana Chaturvedi, Adv. Mr. D.K. Chaubey, Adv. Ms. Anagha S. Desai, AOR Mr. P.S. Narsimha, ASG Mr. Y.P. Adhyaru, Sr. Adv. Ms. Rukhmini S. Bobde, Ad. Ms. Sadhana Sandhu, Adv. Ms. Anil Katiyar, Adv. Mr. Vinay Navare, Adv. Ms. Deeplaxmi Matwankar, Adv. Dr. Ravindra Chingale, Adv. Ms. Gwen Karthika, Adv. Ms. Abha R. Sharma, AOR
2 UPON hearing the counsel the Court made the following O R D E R I.A. No. 100141 of 2017 and 16266 of 2018 Upon hearing learned counsels for the contesting parties and in furtherance of our order dated 02.09.2016 we direct the respondent-Saraswat Cooperative Bank Ltd. to accept deposit of a sum of Rs.75 lakhs to be made by the petitioner M/s. My Home Hotels Pvt. Ltd. in two equal instalments within a period of three months from today. If deposit in terms of this order is made the premises of the petitioner which have been sealed shall be de-sealed. I.A. No. 100141 of 2017 and 16266 of 2018 are consequently disposed of in the above terms. (NEETU KHAJURIA) COURT MASTER (ASHA SONI) BRANCH OFFICER
ITEM NO.19 COURT NO.12 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition(s)(Civil) No(s). 68/2018 M/S NARSINHA LAXMI PALDEWAR FOODS INDIA PVT. LTD. DIRECTOR PRASHANT NAGNATH PALDEWAR & ORS. Petitioner(s) VERSUS RELIANCE ASSET RECONSTRUCTION COMPANY LTD. & ANR. Respondent(s) (FOR ADMISSION) Date : 05-02-2018 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN HON'BLE MR. JUSTICE NAVIN SINHA For Petitioner(s) Mr. Subodh S. Patil, AOR Mr. Akhil Nene, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Issue notice. Tag with Civil Appeal No. 5674 of 2009. There shall be stay for payment of 50% of the current dues. (SHASHI SAREEN) (SAROJ KUMARI GAUR) AR CUM PS BRANCH OFFICER
ITEM NO.17 COURT NO.2 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition(s)(Civil) No(s). 14/2018 ABHAY ANANT RUDRAWAR Petitioner(s) VERSUS THE VAIDYANATH URBAN COOPERATIVE BANK LTD. & ANR. Respondent(s) (FOR ADMISSION and IA No.4567/2018-EXEMPTION FROM FILING O.T.) Date : 19-01-2018 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE RANJAN GOGOI HON'BLE MRS. JUSTICE R. BANUMATHI For Petitioner(s) Mr. Subodh S. Patil, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Application for exemption from filing official translation is allowed. Rule. Tag with Civil Appeal No.5674 of 2009. Interim relief, as prayed for, is granted subject to deposit of 50% of the dues before this Court within a period of four weeks from today. (NEETU KHAJURIA) COURT MASTER (ASHA SONI) BRANCH OFFICER
ITEM NO.51 COURT NO.2 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS CIVIL APPEAL NO. 5674/2009 PANDURANG GANPATI CHAUGULE APPELLANT(S) VERSUS VISHWASRAO PATIL MURGUD SAHAKARI BANK L. & ANR. RESPONDENT(S) (ONLY I.A.NO. 100141/17 IN W.P.(C) NO. 247 OF 2016 ONLY IS TO BE LISTED 13.10.2017) WITH W.P.(C) NO. 247/2016 (X) (FOR STAY APPLICATION ON IA 1/2016 FOR DISPENSING WITH SERVICE OF NOTICE [SEEKING INTERIM DIRECTIONS] ON IA 2/2016 FOR APPROPRIATE ORDERS/DIRECTIONS ON IA 100141/2017 FOR PERMISSION TO FILE ADDITIONAL DOCUMENTS ON IA 102109/2017) Date : 13-10-2017 This application was called on for hearing today. CORAM : HON'BLE MR. JUSTICE RANJAN GOGOI HON'BLE MR. JUSTICE NAVIN SINHA For parties: Mr. Mahabir Singh, Sr. Adv. Mr. Satpal Singh, AOR Mr. Yashank Adhyaru, Sr.Adv. Ms. Sadhna Sandhu, Adv. Mrs. Anil Katiyar, Adv. Mr. Vinay Navare, Adv. Ms. Gwen Kartika, Adv. Ms. Abha R. Sharma, AOR UPON hearing the counsel the Court made the following O R D E R I.A. NO.100141/2017 IN W.P.(C) NO.247 OF 2016 Heard the learned counsel for the applicant and perused the relevant material. Issue notice in the application, returnable in four weeks. [VINOD LAKHINA] [ASHA SONI] AR-cum-PS BRANCH OFFICER
ITEM NO.5 COURT NO.4 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS I.A. NO.6 IN SLP(C) NO. 32589/2014 (XIV) M/S DEV MEMORIAL EDU. TRUST AND ANR. ...PETITIONER(S) VERSUS UNION OF INDIA & ORS. … RESPONDENT(S) [FOR PERMISSION FOR ONE TIME SETTLEMENT IN COMPLIANCE OF ORDER DATED 18.2.2015] Date : 27-07-2017 This application was called on for hearing today. CORAM : HON'BLE MR. JUSTICE RANJAN GOGOI HON'BLE MR. JUSTICE PRAFULLA C. PANT HON'BLE MR. JUSTICE NAVIN SINHA For parties (s) Mr. Rajul Shrivastav, Adv. Mr. K. Krishna Kumar, AOR Mr. Gaurav Agrawal, AOR Mr. P. V. Yogeswaran, AOR Mr. Vinay Navare, Adv. Ms. Abha R. Sharma, AOR Mr. Anil Nag, AOR Mr. Gaurav Sharma, AOR UPON hearing the counsel the Court made the following O R D E R I.A. No.6 in Special Leave Petition (Civil) No.32589 of 2014 is dismissed. [VINOD LAKHINA] [ASHA SONI] AR-cum-PS BRANCH OFFICER
Item No.6 1 REGISTRAR COURT. 2 SECTION IVA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MR. SANJAY PARIHAR Petition(s) for Special Leave to Appeal (C) No(s). 24276/2012 KAMALAMMA Petitioner(s) VERSUS KARNATAKA RAJYA KAIGARIKA S.BANK & ORS. Respondent(s) (with interim relief and office report) WITH SLP(C) No. 17935/2015 SLP(C) No. 27645/2015 (With Interim Relief and Office Report) Date : 09/05/2017 These petitions were called on for hearing today. For Petitioner(s) Mr.N.D.B.Raju,Adv. Mr. M. A. Chinnasamy,Adv. Ms. Sushma Suri,Adv. Mr. Saqib Haroon,Adv. Mr. Nikhil Goel,Adv. For Respondent(s) Mr. Irshad Ahmad,Adv. Mr. Brij Kishor Sah,Adv. M/s. S.M. Jadhav And Company,Adv. UPON hearing the counsel the Court made the following O R D E R SLP(C) No.24276/2012 Four weeks time, as last chance is given to the learned counsel for the petitioner to comply with the terms of the order dated 29.3.2017 of this Court in respect of respondent No.5. List again on 9.8.2017 .
Item No.6 2 SLP(C) No. 17935/2015 Ld. Counsel for the petitioners has failed to comply with the terms of the order dated 21.3.2017 of the Hon'ble Judge in Chambers despite opportunities. Viewed in that context, the matter shall be processed for listing before the Hon'ble Judge in Chambers for further directions. Await orders. List thereafter. SLP(C) No. 27645/2015 As per postal tracking report Respondent No.1 has refused to accept the service of notice sent to him. This refusal on his part constitutes proper service. No one has entered appearance on his behalf. S ervice of notice is complete on respondent Nos. 2 to 6 but no one has entered appearance on their behalf. Viewed, in that context, the matter shall be processed for listing before the Hon'ble Court, under the rules. (SANJAY PARIHAR) Registrar MG
LISTING ON 09.05.2017 BEFORE REGISTRAR COURT NO. 2 ITEM NO. 6 SEC.IV-A IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION PETITION FOR SPECIAL LEAVE TO APPEAL (CIVIL) NO. 24276 OF 2012 WITH PRAYER FOR INTERIM RELIEF SMT. KAMALAMMA ...PETITIONER VERSUS KARNATAKA RAJYA KAIGARIKA SAHAKARA BANK & ANR. ...RESPONDENTS OFFICE REPORT The matter above mentioned was lastly listed before the Registrar Court on 29.03.2017, when the following order was passed: “ Service of notice is complete on the respondent Nos.1 & 2, but no one has entered appearance on their behalf. The respondent Nos.3 & 4 have failed to file the counter affidavit within the period stipulated under the rules. Ld.counsel for the petitioner is directed to take fresh steps in respect of the respondent No.5 within two weeks. ” It is submitted that counsel for the petitioner has not taken fresh steps to complete the service of notice in respect of respondent no. 5 so far. Service on respondent No. 5 is not complete. The matter above mentioned is listed before the Registrar Court with this office report. Dated this the 08 th day of May, 2017. ASSISTANT REGISTRAR Copy to: Mr. M.A. Chinnasamy, Advocate Mr. N. Ganapathy, Advocate ASSISTANT REGISTRAR -RJ
`Item No.6 1 REGISTRAR COURT. 2 SECTION IVA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MR. SANJAY PARIHARPetition(s) for Special Leave to Appeal (C) No(s). 24276/2012KAMALAMMA Petitioner(s) VERSUSKARNATAKA RAJYA KAIGARIKA S.BANK & ORS. Respondent(s)(with interim relief and office report)WITHSLP(C) No. 17935/2015SLP(C) No. 27645/2015(With Interim Relief and Office Report)Date : 09/05/2017 These petitions were called on for hearing today.For Petitioner(s) Mr.N.D.B.Raju,Adv. Mr. M. A. Chinnasamy,Adv. Ms. Sushma Suri,Adv. Mr. Saqib Haroon,Adv. Mr. Nikhil Goel,Adv.For Respondent(s) Mr. Irshad Ahmad,Adv. Mr. Brij Kishor Sah,Adv. M/s. S.M. Jadhav And Company,Adv. UPON hearing the counsel the Court made the following O R D E RSLP(C) No.24276/2012Four weeks time, as last chance is given to the learnedcounsel for the petitioner to comply with the terms of the orderdated 29.3.2017 of this Court in respect of respondent No.5.List again on 9.8.2017 .Item No.6 2SLP(C) No. 17935/2015Ld. Counsel for the petitioners has failed to comply with theterms of the order dated 21.3.2017 of the Hon'ble Judge in Chambersdespite opportunities. Viewed in that context, the matter shall beprocessed for listing before the Hon'ble Judge in Chambers forfurther directions. Await orders. List thereafter. SLP(C) No. 27645/2015As per postal tracking report Respondent No.1 has refused toaccept the service of notice sent to him. This refusal on his partconstitutes proper service. No one has entered appearance on hisbehalf. S ervice of notice is complete on respondent Nos. 2 to 6 but noone has entered appearance on their behalf. Viewed, in thatcontext, the matter shall be processed for listing before theHon'ble Court, under the rules. (SANJAY PARIHAR) RegistrarMG
ITEM NO.3 REGISTRAR COURT. 2 SECTION IVA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MR. M V RAMESH Petition(s) for Special Leave to Appeal (C) No(s). 24276/2012 KAMALAMMA Petitioner(s) VERSUS KARNATAKA RAJYA KAIGARIKA S.BANK & ORS. Respondent(s) (With interim relief and office report) WITH SLP(C) No. 17054/2013 SLP(C) No. 18775/2013 SLP(C) No. 18777/2013 SLP(C) No. 35137/2013 SLP(C) No. 17935/2015 SLP(C) No. 27645/2015 SLP(C) No.29720/2013 SLP(C) No.29721/2013 (With Office Report) Date : 29/03/2017 This petition was called on for hearing today. For Petitioner(s) Mr.NDB Raju,Adv. Mr. M. A. Chinnasamy,Adv. Ms.Neha Agarwal,Adv. Mr. E. C. Agrawala,Adv. Ms. Garima Prashad,Adv. Ms. Sushma Suri,Adv. Mr. Nikhil Goel,Adv. Mr.Vipin Nair,Adv. For Respondent(s) Mr. Irshad Ahmad,Adv. M/s. S.M. Jadhav And Company,Adv. Ms.Hemantika Wahi,Adv. UPON hearing the counsel the Court made the following O R D E R ….....2
ITEM NO.3 -2- SC 24276/2012 SLP(C) No. 24276/2012 Service of notice is complete on the respondent Nos.1 & 2, but no one has entered appearance on their behalf. The respondent Nos.3 & 4 have failed to file the counter affidavit within the period stipulated under the rules. Ld.counsel for the petitioner is directed to take fresh steps in respect of the respondent No.5 within two weeks. SLP(C) No. 17935/2015 Ld.counsel for the petitioner is directed to comply order dated 21.03.2017 of the Hon'ble Judge in Chambers within the stipulated period. SLP(C) No. 27645/2015 Await the return of service of notice already issued to the respondent No.1. List the matters on 9.05.2017 SLP(C) No. 17054,18775,18777 & 35137/2013 Ld.counsel for the petitioner has failed to take fresh steps in the respect of the respondent No.2 in SLP(C) No.17054/13, respondent Nos.1-3 in SLP(C) Nos.18775 & 18777/13 and all the four respondents in SLP(C) No.35137/2013 despite opportunities given. Therefore, these matters shall be processed for listing before the Hon'ble Judge in Chambers for further directions. Await orders and list thereafter. SLP(C) No.29720/2013 Ld.counsel for the petitioner has failed to file two extra sets of petition as the matter is referred to the larger Bench despite opportunities given. Therefore, the matter shall be processed for listing before the Hon'ble Judge in Chambers for further directions. Await orders and list thereafter. SLP(C) No.29721/2013 Ld.counsel for the petitioner is directed to take fresh steps in respect of the respondent Nos.1,5 & 6 within two weeks as last chance. …........3
ITEM NO.3 -3- SC 24276/2012 Two weeks time as last chance is given to the petitioner to file extra sets of the petition as matter is referred to the larger Bench. If the needful is not done within two weeks, the matter shall be processed for listing before the Hon'ble Judge in Chambers for further directions. (M V RAMESH) Registrar SB
LISTING ON 29.03.2017 BEFORE REGISTRAR COURT NO. ITEM NO. SEC.IV-A IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION PETITION FOR SPECIAL LEAVE TO APPEAL (CIVIL) NO. 24276 OF 2012 WITH PRAYER FOR INTERIM RELIEF Smt. Kamalamma ...Petitioner Versus Karnataka Rajya Kaigarika Sahakara Bank & Anr. ...Respondents OFFICE REPORT It is submitted that the above mentioned matter is referred to a Larger Bench vide Court's Order dated 26.02.2016. It is further submitted that there are 5 respondents in this matter. Respondent Nos. 1 & 2 have been served with the notice on through registered A.D. post, but no one has entered appearance on their behalf so far. Respondent Nos. 3 & 4 are represented through Mr. Irshad Ahmad, Advocate but no counter affidavit is filed. Service on respondent No. 5 is not complete. The matter above mentioned is listed before the Registrar Court with this office report. Dated this the 28 th day of March, 2017. ASSISTANT REGISTRAR Copy to: Mr. M.A. Chinnasamy, Advocate Mr. N. Ganapathy, Advocate ASSISTANT REGISTRAR -RJ
ÞITEM NO.3 REGISTRAR COURT. 2 SECTION IVA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MR. M V RAMESHPetition(s) for Special Leave to Appeal (C) No(s). 24276/2012KAMALAMMA Petitioner(s) VERSUSKARNATAKA RAJYA KAIGARIKA S.BANK & ORS. Respondent(s)(With interim relief and office report)WITHSLP(C) No. 17054/2013SLP(C) No. 18775/2013SLP(C) No. 18777/2013SLP(C) No. 35137/2013SLP(C) No. 17935/2015SLP(C) No. 27645/2015SLP(C) No.29720/2013SLP(C) No.29721/2013(With Office Report)Date : 29/03/2017 This petition was called on for hearing today.For Petitioner(s) Mr.NDB Raju,Adv. Mr. M. A. Chinnasamy,Adv. Ms.Neha Agarwal,Adv. Mr. E. C. Agrawala,Adv. Ms. Garima Prashad,Adv. Ms. Sushma Suri,Adv. Mr. Nikhil Goel,Adv. Mr.Vipin Nair,Adv.For Respondent(s) Mr. Irshad Ahmad,Adv. M/s. S.M. Jadhav And Company,Adv. Ms.Hemantika Wahi,Adv. UPON hearing the counsel the Court made the following O R D E R⬠¦.....2ITEM NO.3 -2- SC 24276/2012SLP(C) No. 24276/2012Service of notice is complete on the respondent Nos.1 & 2, butno one has entered appearance on their behalf.The respondent Nos.3 & 4 have failed to file the counteraffidavit within the period stipulated under the rules.Ld.counsel for the petitioner is directed to take fresh stepsin respect of the respondent No.5 within two weeks.SLP(C) No. 17935/2015Ld.counsel for the petitioner is directed to comply orderdated 21.03.2017 of the Hon'ble Judge in Chambers within thestipulated period.SLP(C) No. 27645/2015Await the return of service of notice already issued to therespondent No.1. List the matters on 9.05.2017SLP(C) No. 17054,18775,18777 & 35137/2013Ld.counsel for the petitioner has failed to take fresh stepsin the respect of the respondent No.2 in SLP(C) No.17054/13,respondent Nos.1-3 in SLP(C) Nos.18775 & 18777/13 and all the fourrespondents in SLP(C) No.35137/2013 despite opportunities given.Therefore, these matters shall be processed for listing before theHon'ble Judge in Chambers for further directions. Await orders andlist thereafter.SLP(C) No.29720/2013Ld.counsel for the petitioner has failed to file two extrasets of petition as the matter is referred to the larger Benchdespite opportunities given. Therefore, the matter shall beprocessed for listing before the Hon'ble Judge in Chambers forfurther directions. Await orders and list thereafter.SLP(C) No.29721/2013Ld.counsel for the petitioner is directed to take fresh stepsin respect of the respondent Nos.1,5 & 6 within two weeks as last
chance.⬠¦........3ITEM NO.3 -3- SC 24276/2012Two weeks time as last chance is given to the petitioner tofile extra sets of the petition as matter is referred to the largerBench. If the needful is not done within two weeks, the mattershall be processed for listing before the Hon'ble Judge in Chambersfor further directions. (M V RAMESH) RegistrarSB
ITEM NO.19 REGISTRAR COURT. 2 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MR. M V RAMESH Writ Petition(s)(Civil) No(s). 247/2016 M/S. MY HOME HOTELS PVT. LTD. Petitioner(s) VERSUS UNION OF INDIA AND ORS. Respondent(s) (with appln. (s) for interim directions and stay and office report) Date : 23/03/2017 This petition was called on for hearing today. For Petitioner(s) Mr.Pankaj Kumar Singh,Adv. Mr.Navneet Patial,Adv. Mr. Satpal Singh,Adv. For Respondent(s) Dr.Ravindra Chingale,Adv. Ms. Abha R. Sharma,Adv. UPON hearing the counsel the Court made the following O R D E R The respondent No.2 has failed to file the counter affidavit within the period stipulated under the rules. Ld.counsel for the petitioner is directed to take fresh steps in respect of the respondent Nos.1 & 3 within two weeks. In respect of all the respondents in I.A.No.2, Ld.counsel for the petitioner has failed to file the spare copies of the I.A. in compliance to order dated 1.09.2016 of the Hon'ble Court and therefore, notice to respondents in the I.A. could not be issued. Therefore, the same shall be processed for listing before the Hon'ble Judge in Chambers for further directions. Await orders and list thereafter. (M V RAMESH) Registrar SB
MATTER FOR 23.03.2017 R-COURT NO.2 ITEM NO.47 SEC-X IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (C) NO. 247 OF 2016 (UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA) WITH INTERLOCUTORY APPLICATION NO. 2 OF 2016 (APPLICATION FOR INTERIM DIRECTIONS) M/S. MY HOME HOTELS PVT.LTD. ...PETITIONER -VERSUS- UNION OF INDIA & ORS. ...RESPONDENTS OFFICE-REPORT The writ petition above-mentioned was listed before the Hon'ble Court on 29.06.2016 with office report dated 28.06.2016, when the Court was pleased to pass the following order: " Issue notice. Tag with Civil Appeal No. 5674 of 2009. " It is submitted that pursuant to the aforesaid order, the instant writ petition has been tagged with C.A. No. 5674 of 2009. It is submitted that pursuant to the aforesaid order, notice was issued to all three respondents by registered A.D. on 01.08.2016. Ms. Abha R. Sharma, Advocate has filed caveat on behalf of respondent no. 2. Neither A.D. card nor unserved cover containing the said notice has been received back in respect of respondent nos. 1 and 3 so far. The application for interim directions (I.A. No. 2) in the writ petition above-mentioned was listed before the Hon'ble Court on 02.09.2016 with office report dated 01.09.2016, when the Court was pleased to pass the following order: " Taken on Board. Heard the learned senior counsel for the petitioner. Issue notice. There shall be stay of the auction of the mortgaged property/dispossession of the petitioner subject to the condition that the petitioner shall pay 25% of the dues outstanding as on date to the Saraswat Co-operative Bank Ltd. Within six weeks thereafter. " It is submitted that pursuant to the aforesaid order, certified copies of the aforesaid order was issued to the concerned authorities for necessary action and compliance. It is submitted that pursuant to the aforesaid order, show cause notice could not be issued as the counsel for the petitioner has not filed spare copies of I.A. No. 2 despite this Registry's letter dated 19.10.2016. Service of notice in the writ petition above-mentioned is awaited in respect of respondent nos. 1 and 3. ..2/- Systém 3
-2- Service of notice is incomplete in I.A. No. 2. The writ petition along with application above-mentioned is listed before the Court of Ld. Registrar with this office report. Dated this the 22nd day of March, 2017. ASSISTANT REGISTRAR Copy to: Mr. Satpal Singh, Advocate Ms. Abha R. Sharma, Advocate ASSISTANT REGISTRAR Systém 3
4ITEM NO.19 REGISTRAR COURT. 2 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MR. M V RAMESHWrit Petition(s)(Civil) No(s). 247/2016M/S. MY HOME HOTELS PVT. LTD. Petitioner(s) VERSUSUNION OF INDIA AND ORS. Respondent(s)(with appln. (s) for interim directions and stay and office report)Date : 23/03/2017 This petition was called on for hearing today.For Petitioner(s) Mr.Pankaj Kumar Singh,Adv. Mr.Navneet Patial,Adv. Mr. Satpal Singh,Adv. For Respondent(s) Dr.Ravindra Chingale,Adv. Ms. Abha R. Sharma,Adv. UPON hearing the counsel the Court made the following O R D E RThe respondent No.2 has failed to file the counter affidavitwithin the period stipulated under the rules.Ld.counsel for the petitioner is directed to take fresh stepsin respect of the respondent Nos.1 & 3 within two weeks.In respect of all the respondents in I.A.No.2, Ld.counsel forthe petitioner has failed to file the spare copies of the I.A. incompliance to order dated 1.09.2016 of the Hon'ble Court andtherefore, notice to respondents in the I.A. could not be issued.Therefore, the same shall be processed for listing before theHon'ble Judge in Chambers for further directions. Await orders andlist thereafter. (M V RAMESH) RegistrarSB
ITEM NO.14 COURT NO.13 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 17935/2015 (Arising out of impugned final judgment and order dated 22/04/2013 in SCA No. 1730/2012 passed by the High Court Of Gujarat At Ahmedabad) U.O.I.& ORS. Petitioner(s) VERSUS AMRUTABHAI HARAJIBHAI PATEL & ORS. Respondent(s) (office report for directions) Date : 21/03/2017 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN [IN CHAMBER] For Petitioner(s) Ms. Sushma Suri,Adv.(Not present) For Respondent(s) The Court made the following O R D E R None appears on behalf of the petitioners. As a last opportunity, four weeks' time is granted to serve spare copies to the respondents as also to file two more complete sets of SLP paper books. [SAROJ KUMARI GAUR] [SUKHBIR PAUL KAUR] COURT MASTER A.R.-CUM-P.S.
(ITEM NO.14 COURT NO.13 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (C) No(s). 17935/2015(Arising out of impugned final judgment and order dated 22/04/2013 in SCA No. 1730/2012 passed by the High Court Of Gujarat At Ahmedabad)U.O.I.& ORS. Petitioner(s) VERSUSAMRUTABHAI HARAJIBHAI PATEL & ORS. Respondent(s)(office report for directions)Date : 21/03/2017 This petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN [IN CHAMBER]For Petitioner(s) Ms. Sushma Suri,Adv.(Not present) For Respondent(s) The Court made the following O R D E RNone appears on behalf of the petitioners.As a last opportunity, four weeks' time is granted toserve spare copies to the respondents as also to file two morecomplete sets of SLP paper books. [SAROJ KUMARI GAUR] [SUKHBIR PAUL KAUR]COURT MASTER A.R.-CUM-P.S.
ITEM NO.2 REGISTRAR COURT. 2 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MR. M V RAMESH Petition(s) for Special Leave to Appeal (C) No(s). 24309/2010 OMKAR BODY BUILDERS Petitioner(s) VERSUS THE KHERALU NAGRIK SAHAKARI BANK LTD Respondent(s) Date : 10/02/2017 This petition was called on for hearing today. For Petitioner(s) Ms. Charu Mathur,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Ld.counsel for the petitioner has filed the spare copy, but failed to file the fresh particulars in the respect of the sole respondent despite opportunities given. Therefore, the matter shall be processed for listing before the Hon'ble Judge in Chambers for further directions. Await orders and list thereafter. (M V RAMESH) Registrar SB
ÔITEM NO.2 REGISTRAR COURT. 2 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MR. M V RAMESHPetition(s) for Special Leave to Appeal (C) No(s). 24309/2010OMKAR BODY BUILDERS Petitioner(s) VERSUSTHE KHERALU NAGRIK SAHAKARI BANK LTD Respondent(s)Date : 10/02/2017 This petition was called on for hearing today.For Petitioner(s) Ms. Charu Mathur,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E RLd.counsel for the petitioner has filed the spare copy, butfailed to file the fresh particulars in the respect of the solerespondent despite opportunities given. Therefore, the matter shallbe processed for listing before the Hon'ble Judge in Chambers forfurther directions. Await orders and list thereafter. (M V RAMESH) RegistrarSB
ITEM NO.35 COURT NO.9 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 17935/2015 (Arising out of impugned final judgment and order dated 22/04/2013 in SCA No. 1730/2012 passed by the High Court Of Gujarat At Ahmedabad) U.O.I.& ORS. Petitioner(s) VERSUS AMRUTABHAI HARAJIBHAI PATEL & ORS. Respondent(s) (office report for directions) Date : 06/02/2017 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE L. NAGESWARA RAO [IN CHAMBER] For Petitioner(s) Ms. Sushma Suri,Adv.(Not Present) For Respondent(s) T he Court made the following O R D E R None appears on behalf of the petitioners. List after four weeks. (SONALI SAUND) (CHANDER BALA) SR.P.A COURT MASTER
˜ITEM NO.35 COURT NO.9 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (C) No(s). 17935/2015(Arising out of impugned final judgment and order dated 22/04/2013in SCA No. 1730/2012 passed by the High Court Of Gujarat AtAhmedabad)U.O.I.& ORS. Petitioner(s) VERSUSAMRUTABHAI HARAJIBHAI PATEL & ORS. Respondent(s)(office report for directions)Date : 06/02/2017 This petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE L. NAGESWARA RAO [IN CHAMBER]For Petitioner(s) Ms. Sushma Suri,Adv.(Not Present) For Respondent(s) T he Court made the following O R D E RNone appears on behalf of the petitioners. List after four weeks. (SONALI SAUND) (CHANDER BALA) SR.P.A COURT MASTER
CHAMBER MATTER LISTED ON : BEFORE COURT NO.: ITEM NO.: SECTIONIX IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION PETITION FOR SPECIAL LEAVE TO APPEAL (CIVIL) NO. 17935 OF 2015 U.O.I.& ORS. ....PETITIONERS VERSUS AMRUTABHAI HARAJIBHAI PATEL & ORS. ...RESPONDENTS OFFICE REPORT FOR DIRECTIONS The matter abovementioned was listed before the Hon'ble Court on 03rd July, 2015 when the Court was pleased to pass the following Order: "Issue notice on the application for condonation of delay as well as on the special leave petition. The matter to be heard along with other connected matters particulars whereof are given at page (B) and (C) of the synopsis of the petition, viz., Civil Appeal No. 5680 of 2009 and other connected matters. " It is submitted that there are three respondents in the instant matter. The matter has been referred to the Larger Bench of the Hon'ble Five Judges alongwith other connected matters vide this Court's Order dated 26.02.2016. It is further submitted that for nonfiling of spare copies for issuing notice to the respondents and for not filing of two more complete sets of SLP paperbooks by the counsel for the petitioner, the matter abovementioned was listed before the Court of Ld. Registrar on various dates and lastly listed before the Court of Ld. Registrar on 22.11.2016 when the Court was pleased to pass the following Order: "Ld.counsel for the petitioner has failed to take fresh steps in the respect of all the respondents and also failed to file extra copies of the petition as the matter has referred to the larger Bench, despite opportunities given. Therefore, the matter shall be processed for listing before the Hon'ble Judge in Chambers for further directions. Await orders and list thereafter." It is lastly submitted that counsel for the petitioner has neither filed spare copies for issuing notice to respondents nor filed two more complete sets of SLP paperbooks so far. ..2/
2 Service of notice is not complete on all the respondents. The office report for directions in the matter abovementioned is listed before the Hon'ble Judge in Chambers with this report. Dated this the 03rd day of December, 2016. ASSISTANT REGISTRAR Copy to: Ms. Sushma Suri, Advocate L ASSISTANT REGISTRAR
ITEM NO.2 REGISTRAR COURT. 2 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MR. M V RAMESH Petition(s) for Special Leave to Appeal (C) No(s). 24309/2010 OMKAR BODY BUILDERS Petitioner(s) VERSUS THE KHERALU NAGRIK SAHAKARI BANK LTD Respondent(s) Date : 06/01/2017 These petitions were called on for hearing today. For Petitioner(s) Ms. Charu Mathur,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Four weeks time, as last chance is given to the learned counsel for the petitioner to comply with the terms of the order dated 22.10.2016 of this Court in respect of respondent No.1. List again on 10.2.2017 . (M V RAMESH) Registrar MG
ITEM NO.2 REGISTRAR COURT. 2 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MR. M V RAMESHPetition(s) for Special Leave to Appeal (C) No(s). 24309/2010OMKAR BODY BUILDERS Petitioner(s) VERSUSTHE KHERALU NAGRIK SAHAKARI BANK LTD Respondent(s) Date : 06/01/2017 These petitions were called on for hearing today.For Petitioner(s) Ms. Charu Mathur,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E RFour weeks time, as last chance is given to the learnedcounsel for the petitioner to comply with the terms of the orderdated 22.10.2016 of this Court in respect of respondent No.1.List again on 10.2.2017 . (M V RAMESH) RegistrarMG
ITEM NO.2 REGISTRAR COURT. 2 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MR. M V RAMESH Petition(s) for Special Leave to Appeal (C) No(s). 24309/2010 OMKAR BODY BUILDERS Petitioner(s) VERSUS THE KHERALU NAGRIK SAHAKARI BANK LTD Respondent(s) WITH SLP(C) No. 17054/2013 SLP(C) No. 18775/2013 SLP(C) No. 18777/2013 SLP(C) No. 29720/2013 SLP(C) No. 29721/2013 SLP(C) No. 35137/2013 SLP(C) No. 17935/2015 SLP(C) No. 27645/2015 (With Interim Relief and Office Report) Date : 22/11/2016 This petition was called on for hearing today. For Petitioner(s) Ms. Charu Mathur,Adv. Ms.Neha Agarwal,adv. Mr. E. C. Agrawala,Adv. Mr.Avi Tandon,Adv. Mr Vipin Nair,Adv. Ms. Garima Prashad,Adv. Mr.Prashant Kumar Tyagi,Adv. Ms. Sushma Suri,Adv. Mr. Nikhil Goel,Adv. For Respondent(s) Ms. Hemantika Wahi,Adv. Mr. Chirag M. Shroff,Adv. ….....2
ITEM NO.2 -2- SC24309/2010 UPON hearing the counsel the Court made the following O R D E R SLP(C) No. 17935/2015 Ld.counsel for the petitioner has failed to take fresh steps in the respect of all the respondents and also failed to file extra copies of the petition as the matter has referred to the larger Bench, despite opportunities given. Therefore, the matter shall be processed for listing before the Hon'ble Judge in Chambers for further directions. Await orders and list thereafter. SLP(C) No.24309/2010 As per tracking report in respect of respondent No.1, the postal remarks shows that “Addressee moved”. Hence, Ld.counsel for the petitioner shall file the spare copy and latest particulars of the said respondent within a period of four weeks. SLP(C) No. 27645/2015 Registry to issue notice to the respondent No.1 urgently. In all other matters, files are not received. List the matters again on 06.01.2017. (M V RAMESH) Registrar SB
ITEM NO.2 REGISTRAR COURT. 2 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MR. M V RAMESH Petition(s) for Special Leave to Appeal (C) No(s). 24309/2010 OMKAR BODY BUILDERS Petitioner(s) VERSUS THE KHERALU NAGRIK SAHAKARI BANK LTD Respondent(s) WITH SLP(C) No. 17054/2013 SLP(C) No. 18775/2013 SLP(C) No. 18777/2013 SLP(C) No. 29720/2013 SLP(C) No. 29721/2013 SLP(C) No. 35137/2013 SLP(C) No. 17935/2015 SLP(C) No. 27645/2015 (With Interim Relief and Office Report) Date : 22/11/2016 This petition was called on for hearing today. For Petitioner(s) Ms. Charu Mathur,Adv. Ms.Neha Agarwal,adv. Mr. E. C. Agrawala,Adv. Mr.Avi Tandon,Adv. Mr Vipin Nair,Adv. Ms. Garima Prashad,Adv. Mr.Prashant Kumar Tyagi,Adv. Ms. Sushma Suri,Adv. Mr. Nikhil Goel,Adv. For Respondent(s) Ms. Hemantika Wahi,Adv. Mr. Chirag M. Shroff,Adv. ….....2
ITEM NO.2 -2- SC24309/2010 UPON hearing the counsel the Court made the following O R D E R SLP(C) No. 17935/2015 Ld.counsel for the petitioner has failed to take fresh steps in the respect of all the respondents and also failed to file extra copies of the petition as the matter has referred to the larger Bench, despite opportunities given. Therefore, the matter shall be processed for listing before the Hon'ble Judge in Chambers for further directions. Await orders and list thereafter. SLP(C) No.24309/2010 As per tracking report in respect of respondent No.1, the postal remarks shows that “Addressee moved”. Hence, Ld.counsel for the petitioner shall file the spare copy and latest particulars of the said respondent within a period of four weeks. SLP(C) No. 27645/2015 Registry to issue notice to the respondent No.1 urgently. In all other matters, files are not received. List the matters again on 06.01.2017. (M V RAMESH) Registrar SB
ÒITEM NO.2 REGISTRAR COURT. 2 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MR. M V RAMESHPetition(s) for Special Leave to Appeal (C) No(s). 24309/2010OMKAR BODY BUILDERS Petitioner(s) VERSUSTHE KHERALU NAGRIK SAHAKARI BANK LTD Respondent(s)WITHSLP(C) No. 17054/2013SLP(C) No. 18775/2013SLP(C) No. 18777/2013SLP(C) No. 29720/2013SLP(C) No. 29721/2013SLP(C) No. 35137/2013SLP(C) No. 17935/2015SLP(C) No. 27645/2015(With Interim Relief and Office Report) Date : 22/11/2016 This petition was called on for hearing today.For Petitioner(s) Ms. Charu Mathur,Adv. Ms.Neha Agarwal,adv. Mr. E. C. Agrawala,Adv. Mr.Avi Tandon,Adv. Mr Vipin Nair,Adv. Ms. Garima Prashad,Adv. Mr.Prashant Kumar Tyagi,Adv. Ms. Sushma Suri,Adv. Mr. Nikhil Goel,Adv.For Respondent(s) Ms. Hemantika Wahi,Adv. Mr. Chirag M. Shroff,Adv. ⬠¦.....2ITEM NO.2 -2- SC24309/2010 UPON hearing the counsel the Court made the following O R D E RSLP(C) No. 17935/2015Ld.counsel for the petitioner has failed to take fresh stepsin the respect of all the respondents and also failed to file extracopies of the petition as the matter has referred to the largerBench, despite opportunities given. Therefore, the matter shall beprocessed for listing before the Hon'ble Judge in Chambers forfurther directions. Await orders and list thereafter.SLP(C) No.24309/2010As per tracking report in respect of respondent No.1, thepostal remarks shows that ⬠SAddressee moved⬠\235. Hence, Ld.counsel forthe petitioner shall file the spare copy and latest particulars ofthe said respondent within a period of four weeks.SLP(C) No. 27645/2015Registry to issue notice to the respondent No.1 urgently.In all other matters, files are not received.List the matters again on 06.01.2017. (M V RAMESH) RegistrarSB
ÒITEM NO.2 REGISTRAR COURT. 2 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MR. M V RAMESHPetition(s) for Special Leave to Appeal (C) No(s). 24309/2010OMKAR BODY BUILDERS Petitioner(s) VERSUSTHE KHERALU NAGRIK SAHAKARI BANK LTD Respondent(s)WITHSLP(C) No. 17054/2013SLP(C) No. 18775/2013SLP(C) No. 18777/2013SLP(C) No. 29720/2013SLP(C) No. 29721/2013SLP(C) No. 35137/2013SLP(C) No. 17935/2015SLP(C) No. 27645/2015(With Interim Relief and Office Report) Date : 22/11/2016 This petition was called on for hearing today.For Petitioner(s) Ms. Charu Mathur,Adv. Ms.Neha Agarwal,adv. Mr. E. C. Agrawala,Adv. Mr.Avi Tandon,Adv. Mr Vipin Nair,Adv. Ms. Garima Prashad,Adv. Mr.Prashant Kumar Tyagi,Adv. Ms. Sushma Suri,Adv. Mr. Nikhil Goel,Adv.For Respondent(s) Ms. Hemantika Wahi,Adv. Mr. Chirag M. Shroff,Adv. ⬠¦.....2ITEM NO.2 -2- SC24309/2010 UPON hearing the counsel the Court made the following O R D E RSLP(C) No. 17935/2015Ld.counsel for the petitioner has failed to take fresh stepsin the respect of all the respondents and also failed to file extracopies of the petition as the matter has referred to the largerBench, despite opportunities given. Therefore, the matter shall beprocessed for listing before the Hon'ble Judge in Chambers forfurther directions. Await orders and list thereafter.SLP(C) No.24309/2010As per tracking report in respect of respondent No.1, thepostal remarks shows that ⬠SAddressee moved⬠\235. Hence, Ld.counsel forthe petitioner shall file the spare copy and latest particulars ofthe said respondent within a period of four weeks.SLP(C) No. 27645/2015Registry to issue notice to the respondent No.1 urgently.In all other matters, files are not received.List the matters again on 06.01.2017. (M V RAMESH) RegistrarSB
ITEM NO.2 REGISTRAR COURT. 2 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MR. M V RAMESH Petition(s) for Special Leave to Appeal (C) No(s). 24309/2010 OMKAR BODY BUILDERS Petitioner(s) VERSUS THE KHERALU NAGRIK SAHAKARI BANK LTD Respondent(s) WITH SLP(C) No. 17054/2013 SLP(C) No. 18775/2013 SLP(C) No. 18777/2013 SLP(C) No. 29720/2013 SLP(C) No. 29721/2013 SLP(C) No. 35137/2013 SLP(C) No. 17935/2015 SLP(C) No. 27645/2015 (With Office Report) Date : 21/10/2016 This petition was called on for hearing today. For Petitioner(s) Ms. Charu Mathur,Adv. Ms.Neha Agarwal,Adv. Mr. E. C. Agrawala,Adv. Mr.Abhay Pratap Singh,Adv. Mr Vipin Nair,Adv. Ms. Garima Prashad,Adv. Mr.Mukesh Verma,Adv. Mr.B.K.Parsad,Adv. Ms. Sushma Suri,Adv. Mr. Nikhil Goel,Adv. For Respondent(s) Ms.Mamta Singh,adv. Ms. Hemantika Wahi,Adv. Mr. Chirag M. Shroff,Adv. Mr.Shivaji M.Jadhav,Adv. Mr.Nipun Katyal,Adv. … ....2
ITEM NO.2 -2- SC24309/2010 UPON hearing the counsel the Court made the following O R D E R SLP(C) No.24309/2010 Await the return of service of notice already issued to the respondent No.1. SLP(C) No. 29720/2013 Ld.counsel for the petitioner shall file two more sets of the petition within four weeks as last chance as the matter is referred to the larger bench vide order dated 26.2.2016 passed in C.A.No.5674/2009. SLP(C) No. 17054/2013,18775/2013,18777/2013 & 35137/2013 In the above matters, three weeks time as last chance is given to the Ld.counsel for the petitioners to file the spare copies for issuance of notice to the unserved respondents. SLP(C) No. 17935/2015 Four weeks time as last chance is given to the Ld.counsel for the petitioner to comply with the terms of the order dated 29.08.2016 of this Court. Ld.counsel for the petitioner shall file two more sets of the petition within four weeks as last chance as the matter is referred to the larger bench. SLP(C) No.29721/2013 Ld.counsel for the petitioner is directed to take fresh steps in respect of the respondent Nos.1,5 & 6 within four weeks. Ld.counsel for the petitioner shall file two more sets of the petition within four weeks as last chance as the matter is referred to the larger bench. ….......3
ITEM NO.2 -3- SC24309/2010 SLP(C) No. 27645/2015 Service of notice is complete on the respondent Nos.3-6, but no one has entered appearance on their behalf. The respondent No.2 has already filed the counter affidavit. As per tracking report in respect of respondent No.1, the postal remarks shows that “Insufficient address”. Hence, Ld.counsel for the petitioner shall file the fresh particulars of the said respondent within a period of four weeks and he shall also take fresh steps for the service of notice to him within the same period. Ld.counsel for the petitioner shall file two more sets of the petition within four weeks as last chance as the matter is referred to the larger bench. List the matter again on 22.11.2016. (M V RAMESH) Registrar SB
LITEM NO.2 REGISTRAR COURT. 2 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MR. M V RAMESHPetition(s) for Special Leave to Appeal (C) No(s). 24309/2010OMKAR BODY BUILDERS Petitioner(s) VERSUSTHE KHERALU NAGRIK SAHAKARI BANK LTD Respondent(s)WITHSLP(C) No. 17054/2013SLP(C) No. 18775/2013SLP(C) No. 18777/2013SLP(C) No. 29720/2013SLP(C) No. 29721/2013SLP(C) No. 35137/2013SLP(C) No. 17935/2015SLP(C) No. 27645/2015(With Office Report) Date : 21/10/2016 This petition was called on for hearing today.For Petitioner(s) Ms. Charu Mathur,Adv. Ms.Neha Agarwal,Adv. Mr. E. C. Agrawala,Adv. Mr.Abhay Pratap Singh,Adv. Mr Vipin Nair,Adv. Ms. Garima Prashad,Adv. Mr.Mukesh Verma,Adv. Mr.B.K.Parsad,Adv. Ms. Sushma Suri,Adv. Mr. Nikhil Goel,Adv.For Respondent(s) Ms.Mamta Singh,adv. Ms. Hemantika Wahi,Adv. Mr. Chirag M. Shroff,Adv. Mr.Shivaji M.Jadhav,Adv. Mr.Nipun Katyal,Adv. ⬠¦ ....2ITEM NO.2 -2- SC24309/2010 UPON hearing the counsel the Court made the following O R D E RSLP(C) No.24309/2010Await the return of service of notice already issued to therespondent No.1.SLP(C) No. 29720/2013Ld.counsel for the petitioner shall file two more sets of thepetition within four weeks as last chance as the matter is referredto the larger bench vide order dated 26.2.2016 passed inC.A.No.5674/2009.SLP(C) No. 17054/2013,18775/2013,18777/2013 & 35137/2013In the above matters, three weeks time as last chance is givento the Ld.counsel for the petitioners to file the spare copies forissuance of notice to the unserved respondents.SLP(C) No. 17935/2015Four weeks time as last chance is given to the Ld.counsel forthe petitioner to comply with the terms of the order dated29.08.2016 of this Court.Ld.counsel for the petitioner shall file two more sets of thepetition within four weeks as last chance as the matter is referredto the larger bench.SLP(C) No.29721/2013Ld.counsel for the petitioner is directed to take fresh stepsin respect of the respondent Nos.1,5 & 6 within four weeks.Ld.counsel for the petitioner shall file two more sets of thepetition within four weeks as last chance as the matter is referredto the larger bench.⬠¦.......3ITEM NO.2 -3- SC24309/2010
SLP(C) No. 27645/2015Service of notice is complete on the respondent Nos.3-6, butno one has entered appearance on their behalf. The respondent No.2has already filed the counter affidavit.As per tracking report in respect of respondent No.1, thepostal remarks shows that ⬠SInsufficient address⬠\235. Hence, Ld.counselfor the petitioner shall file the fresh particulars of the saidrespondent within a period of four weeks and he shall also takefresh steps for the service of notice to him within the sameperiod.Ld.counsel for the petitioner shall file two more sets of thepetition within four weeks as last chance as the matter is referredto the larger bench.List the matter again on 22.11.2016. (M V RAMESH) RegistrarSB
ITEM NO.304 COURT NO.5 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS I.A. 5/2016 in Petition(s) for Special Leave to Appeal (C) No(s). 32589/2014 (Arising out of impugned final judgment and order dated 26/09/2014 in CWP No. 7151/2014 passed by the High Court of Himachal Pradesh at Shimla) M/S DEV MEMORIAL EDU. TRUST AND ANR Petitioner(s) VERSUS UNION OF INDA AND ORS Respondent(s) (With appln. for extension of time for compliance of order dated 18.2.2015 and office report) Date : 26/09/2016 This application was called on for hearing today. CORAM : HON'BLE MR. JUSTICE RANJAN GOGOI HON'BLE MR. JUSTICE PRAFULLA C. PANT HON'BLE MR. JUSTICE A.M. KHANWILKAR For Petitioner(s) Mr. K. Krishna Kumar,Adv. For Respondent(s) Mr. Anil Nag,Adv. Mr. Gaurav Sharma,Adv. UPON hearing the counsel the Court made the following O R D E R List on 3 rd October, 2016. (Neetu Khajuria) Court Master (Asha Soni) Court Master
¦ITEM NO.304 COURT NO.5 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSI.A. 5/2016 in Petition(s) for Special Leave to Appeal (C) No(s). 32589/2014(Arising out of impugned final judgment and order dated 26/09/2014in CWP No. 7151/2014 passed by the High Court of Himachal Pradesh at Shimla)M/S DEV MEMORIAL EDU. TRUST AND ANR Petitioner(s) VERSUSUNION OF INDA AND ORS Respondent(s)(With appln. for extension of time for compliance of order dated 18.2.2015 and office report)Date : 26/09/2016 This application was called on for hearing today.CORAM : HON'BLE MR. JUSTICE RANJAN GOGOI HON'BLE MR. JUSTICE PRAFULLA C. PANT HON'BLE MR. JUSTICE A.M. KHANWILKARFor Petitioner(s) Mr. K. Krishna Kumar,Adv. For Respondent(s) Mr. Anil Nag,Adv. Mr. Gaurav Sharma,Adv. UPON hearing the counsel the Court made the following O R D E RList on 3 rd October, 2016.(Neetu Khajuria)Court Master (Asha Soni)Court Master
Item No.7 1 REGISTRAR COURT. 2 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MR. M V RAMESH Petition(s) for Special Leave to Appeal (C) No(s). 24309/2010 OMKAR BODY BUILDERS Petitioner(s) VERSUS THE KHERALU NAGRIK SAHAKARI BANK LTD Respondent(s) WITH SLP(C) No. 17054/2013 Interim Relief and Office Report) SLP(C) No. 18775/2013 Interim Relief and Office Report) SLP(C) No. 18777/2013 Interim Relief and Office Report) SLP(C) No. 29720/2013 Office Report) SLP(C) No. 29721/2013 Office Report) SLP(C) No. 35137/2013 Interim Relief and Office Report) Date : 07/09/2016 These petitions were called on for hearing today. For Petitioner(s) Ms. Charu Mathur,Adv. Ms. Neha Agarwal,Adv. Mr. E. C. Agrawala,Adv. Mr Vipin Nair,Adv. Ms. Garima Prashad,Adv. For Respondent(s)
Item No.7 2 Ms. Yogamaya M.G.,Adv. Ms. Hemantika Wahi,Adv. Mr. Chirag M. Shroff,Adv. UPON hearing the counsel the Court made the following O R D E R SLP(C) No. 24309/2010 Four weeks time, as last chance is given to the learned counsel for the petitioner to comply with the terms of the order dated 27.7.2016 of this Court in respect of Respondent No.1. SLP(C) Nos. 17054 , 18775 , 18777 , 29720 , 29721 and 35137/2013 Files not received. List again on 21.10. 2016. (M V RAMESH) Registrar MG
\226Item No.7 1 REGISTRAR COURT. 2 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MR. M V RAMESHPetition(s) for Special Leave to Appeal (C) No(s). 24309/2010OMKAR BODY BUILDERS Petitioner(s) VERSUSTHE KHERALU NAGRIK SAHAKARI BANK LTD Respondent(s)WITHSLP(C) No. 17054/2013Interim Relief and Office Report) SLP(C) No. 18775/2013Interim Relief and Office Report) SLP(C) No. 18777/2013Interim Relief and Office Report) SLP(C) No. 29720/2013Office Report) SLP(C) No. 29721/2013Office Report) SLP(C) No. 35137/2013Interim Relief and Office Report) Date : 07/09/2016 These petitions were called on for hearing today.For Petitioner(s) Ms. Charu Mathur,Adv. Ms. Neha Agarwal,Adv. Mr. E. C. Agrawala,Adv. Mr Vipin Nair,Adv. Ms. Garima Prashad,Adv.For Respondent(s)Item No.7 2 Ms. Yogamaya M.G.,Adv. Ms. Hemantika Wahi,Adv. Mr. Chirag M. Shroff,Adv. UPON hearing the counsel the Court made the following O R D E RSLP(C) No. 24309/2010Four weeks time, as last chance is given to the learnedcounsel for the petitioner to comply with the terms of the orderdated 27.7.2016 of this Court in respect of Respondent No.1.SLP(C) Nos. 17054 , 18775 , 18777 , 29720 , 29721 and 35137/2013Files not received.List again on 21.10. 2016. (M V RAMESH) RegistrarMG
ITEM NO.601 COURT NO.6 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS I.A. 2/2016 in Writ Petition(s)(Civil) No(s).247/2016 M/S. MY HOME HOTELS PVT. LTD. Petitioner(s) VERSUS UNION OF INDIA AND ORS. Respondent(s) (With appln. for interim directions and office report) Date : 02/09/2016 This application was called on for hearing today. CORAM : HON'BLE MR. JUSTICE RANJAN GOGOI HON'BLE MR. JUSTICE PRAFULLA C. PANT For Petitioner(s) *Mr. Mahabir Singh,Sr.Adv. Mr. Satpal Singh,Adv. For Respondent(s) Mr. Vinay Navare, Adv. Mr. Gwen K.B., Adv. Ms. Abha R. Sharma,Adv. UPON hearing the counsel the Court made the following O R D E R Taken on Board. Heard the learned senior counsel for the petitioner. Issue notice. There shall be stay of the auction of the mortgaged property/dispossession of the petitioner subject to the condition that the petitioner shall pay 25% of the dues outstanding as on date to the Saraswat Co-operative Bank Ltd. within a period of six weeks from today and another 25% within six weeks thereafter. (Neetu Khajuria) Court Master (Asha Soni) Court Master *(Appearance slip not given)
ITEM NO.4 COURT NO.12 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS I.A. 3/2016 In Writ Petition(Civil) No. 492/2014 M/S ADISHWARS OILS AND FATS LTD. AND ORS Petitioner(s) VERSUS UNION OF INDIA AND ORS Respondent(s) (For substitution and office report) Date : 02/09/2016 This application was called on for hearing today. CORAM : HON'BLE MR. JUSTICE S.A. BOBDE [IN CHAMBERS] For Petitioner(s) Ms. Rakhi Ray,AOR For Respondent(s) Mr. Anil Kumar Sangal,AOR Ms. V.S. Lakshmi, Adv. Mr. A. Venayagam Balan,AOR UPON hearing the counsel the Court made the following O R D E R Issue notice on I.A. No. 3 of 2016. [ Charanjeet Kaur ] [ Indu Pokhriyal ] A.R.-cum-P.S. Court Master
CHAMBER MATTER 2.9.2016 COURT NO. ITEM NO. SEC-X IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION INTERLOCUTORY APPLICATION NO. 3 (APPLICATION FOR SUBSTITUTION OF RESPONDENT NO. 4) IN WRIT PETITION (C) NO. 492 OF 2014 (UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA) M/S. ADISHWAR OILS AND FATS LTD. & ORS. ...PETITIONERS -VERSUS- UNION OF INDIA & ORS. ...RESPONDENTS OFFICE REPORT It is submitted that the writ petition above-mentioned was listed before the Hon'ble Court on 26.02.2016 with other connected matters, when the Court inter-alia passed the following order: “ ......We, therefore, direct the Registry to place the papers before the Hon'ble the Chief Justice of India for being referred to a larger Bench.” It is further submitted that Mr. P.S. Sudheer, Advocate has on 18.04.2016 filed an application for substitution of respondent No. 4 (i.e. State Bank of India) on behalf of applicant viz. Asset Reconstruction Company (India) Limited. The said application has been registered as I.A. No. 3 of 2016. It is further submitted that the I.A.No. 3 of 2016 in WP(C) No. 492 of 2014 was listed before the Court of Registrar on 18.07.2016 with other connected matters, when the Court was pleased to pass the following Order: “ I.A. No. 3 in W.P.(C) No. 492/2014 Mr. P.S. Sudheer, Ld. Counsel has filed an application for substitution of respondent No. 4 (State Bank of India). The said I.A. shall be processed for listing before the Hon'ble Judge in Chambers for further future directions. Await orders and list thereafter.” It is further submitted that Mr. Anil Kumar Sangal, Advocate has furnished a letter dated 04.08.2016 requesting to treat his vakalatnama for respondent No. 4(i.e. State Bank of India) as withdrawn. (copy of letter is enclosed herewith). Service of notice is complete in writ petition. The I.A. No. 3/2016 in the matter above-mentioned is listed before the Hon'ble Judge-in-Chamber with this office report. Dated this the 24th day of August, 2016. ASSISTANT REGISTRAR System 4
Copy to: Mr. Rakhi Ray, Advocate Mr. A.V. Balan, Advocate Mr. Anil Kumar Sangal, Advocate Mr. P.S. Sudheer, Advocate ASSISTANT REGISTRAR System 4
fITEM NO.601 COURT NO.6 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSI.A. 2/2016 in Writ Petition(s)(Civil) No(s).247/2016M/S. MY HOME HOTELS PVT. LTD. Petitioner(s) VERSUSUNION OF INDIA AND ORS. Respondent(s)(With appln. for interim directions and office report)Date : 02/09/2016 This application was called on for hearing today.CORAM : HON'BLE MR. JUSTICE RANJAN GOGOI HON'BLE MR. JUSTICE PRAFULLA C. PANTFor Petitioner(s) *Mr. Mahabir Singh,Sr.Adv.Mr. Satpal Singh,Adv.For Respondent(s) Mr. Vinay Navare, Adv.Mr. Gwen K.B., Adv.Ms. Abha R. Sharma,Adv. UPON hearing the counsel the Court made the following O R D E RTaken on Board.Heard the learned senior counsel for thepetitioner.Issue notice.There shall be stay of the auction of themortgaged property/dispossession of the petitionersubject to the condition that the petitioner shallpay 25% of the dues outstanding as on date to theSaraswat Co-operative Bank Ltd. within a period ofsix weeks from today and another 25% within six weeksthereafter.(Neetu Khajuria)Court Master (Asha Soni)Court Master*(Appearance slip not given)
ITEM NO.4 COURT NO.12 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSI.A. 3/2016 In Writ Petition(Civil) No. 492/2014M/S ADISHWARS OILS AND FATS LTD. AND ORS Petitioner(s) VERSUSUNION OF INDIA AND ORS Respondent(s)(For substitution and office report)Date : 02/09/2016 This application was called on for hearing today.CORAM : HON'BLE MR. JUSTICE S.A. BOBDE [IN CHAMBERS]For Petitioner(s) Ms. Rakhi Ray,AOR For Respondent(s) Mr. Anil Kumar Sangal,AORMs. V.S. Lakshmi, Adv. Mr. A. Venayagam Balan,AOR UPON hearing the counsel the Court made the following O R D E RIssue notice on I.A. No. 3 of 2016.[ Charanjeet Kaur ] [ Indu Pokhriyal ] A.R.-cum-P.S. Court Master
ITEM NO.36 REGISTRAR COURT. 2 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MR. M V RAMESH Writ Petition(s)(Civil) No(s). 858/2015 DATTATRAYA VITHOBHA SHELKE Petitioner(s) VERSUS UNION OF INDIA AND ORS. Respondent(s) (with office report) WITH SLP(C) No. 17935/2015 & SLP(C) No. 27645/2015 (With Interim Relief and Office Report) Date : 29/08/2016 This petition was called on for hearing today. For Petitioner(s) Ms. E. R. Sumathy,Adv. Ms. Sushma Suri,Adv. Mr. Nikhil Goel,Adv. For Respondent(s) Mr.Gwen K.B.,Adv. Ms. Abha R. Sharma,Adv. Mr.Brij Kishor Sah,Adv. M/s S.M.Jadhav & Co.Adv. UPON hearing the counsel the Court made the following O R D E R W.P.(C) No. 858/2015 Service of notice is complete on the respondent Nos.1,4 & 5 but no one has entered appearance on their behalf. The respondent Nos.2 & 3 have failed to file the counter affidavit within the period stipulated under the rules. Viewed thus, the matter shall be processed for listing before the Hon'ble Court as per rules. … ......2
ITEM NO.36 -2- WC858/2015 SLP(C) No. 17935/2015 Ld.counsel for the petitioner shall within a period of two weeks file the spare copies of the petition, whereafter notice shall be issued to the unserved respondents with utmost dispatch. Ld.counsel for the petitioner shall also file two more sets of the petition as matter is referred to the Larger Bench within the same period. SLP(C) No. 27645/2015 Await the return of the service of notice already issued to the respondent No.1. Ld.counsel for the petitioner shall file two more sets of the petition as matter is referred to the Larger Bench within two weeks. List the matter again on 06.10.2016. (M V RAMESH) Registrar SB
MATTER FOR 29.08.2016 R-COURT NO.2 ITEM NO.36 SEC-X IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) NO. 858 OF 2015 (UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA) DATTARAYA VITHOBHA SHELKE ...PETITIONER -VERSUS- UNION OF INDIA & ORS. ...RESPONDENTS OFFICE – REPORT The Writ Petition above-mentioned was listed before the Court of Ld. Registrar on 18.07.2016 with other matters, when the following order was passed: " W.P.(C) No. 858/2015 The respondent Nos. 2 & 3 have filed to file the counter affidavit within the period stipulated under the rules. Await the return of service of notice already issued to the respondent Nos. 1, 4 & 5. " It is submitted that pursuant to the aforesaid order, no counter affidavit has been filed by counsel for respondent nos. 2 and 3. Notice to respondent Nos. 1, 4 and 5 was issued by speed post on 20.07.2016 and as per track report of India Post notice has been delivered to respondent Nos. 1, 4 and 5 but no one has entered appearance on behalf of them so far. Service of notice is complete. The writ petition above-mentioned is listed before the Court of Ld. Registrar regarding appearance/counter affidavit. Dated this the 27th day of August, 2016. ASSISTANT REGISTRAR Copy to: Ms. E.R. Sumathy, Advocate Ms. Abha R. Sharma, Advocate ASSISTANT REGISTRAR
@ITEM NO.36 REGISTRAR COURT. 2 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MR. M V RAMESHWrit Petition(s)(Civil) No(s). 858/2015DATTATRAYA VITHOBHA SHELKE Petitioner(s) VERSUSUNION OF INDIA AND ORS. Respondent(s)(with office report)WITHSLP(C) No. 17935/2015 & SLP(C) No. 27645/2015(With Interim Relief and Office Report) Date : 29/08/2016 This petition was called on for hearing today.For Petitioner(s) Ms. E. R. Sumathy,Adv. Ms. Sushma Suri,Adv. Mr. Nikhil Goel,Adv.For Respondent(s) Mr.Gwen K.B.,Adv. Ms. Abha R. Sharma,Adv. Mr.Brij Kishor Sah,Adv. M/s S.M.Jadhav & Co.Adv. UPON hearing the counsel the Court made the following O R D E RW.P.(C) No. 858/2015Service of notice is complete on the respondent Nos.1,4 & 5but no one has entered appearance on their behalf.The respondent Nos.2 & 3 have failed to file the counteraffidavit within the period stipulated under the rules. Viewedthus, the matter shall be processed for listing before the Hon'bleCourt as per rules. ⬠¦ ......2ITEM NO.36 -2- WC858/2015SLP(C) No. 17935/2015Ld.counsel for the petitioner shall within a period of twoweeks file the spare copies of the petition, whereafter noticeshall be issued to the unserved respondents with utmost dispatch.Ld.counsel for the petitioner shall also file two more sets ofthe petition as matter is referred to the Larger Bench within thesame period.SLP(C) No. 27645/2015Await the return of the service of notice already issued tothe respondent No.1.Ld.counsel for the petitioner shall file two more sets of thepetition as matter is referred to the Larger Bench within twoweeks.List the matter again on 06.10.2016. (M V RAMESH) RegistrarSB
1 IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION I.A. NO.3 OF 2016 IN WRIT PETITION (CIVIL) NO.131 OF 2015 JAYANTI VARAD ULLAL APPLICANT(S)/ PETITIONER(S) VERSUS BHARAT CO OPERATIVE BANK (MUMBAI) LTD. AND ANR RESPONDENT(S) O R D E R 1. Having heard the learned counsels for the parties, we direct that the applicant-petitioner to deposit a sum of Rs.75,00,000/- (Rupees seventy five lakhs only) with the respondent-Bharat Co-operative Bank within a period of four weeks from today. Subject to the said deposit, the auction of the house-property of the applicant-petitioner shall not be resorted to. 2. We make it clear that if the amount of Rs.75,00,000/- (Rupees seventy five lakhs only) in terms of the present order is not deposited within the time frame stipulated, the present interim order of stay of auction will stand vacated without
2 further reference to the Court and the Bank will be at liberty to auction the house-property of the applicant-petitioner. 3. With the aforesaid directions, I.A. No.3 is disposed of. ....................,J. (RANJAN GOGOI) ....................,J. (PRAFULLA C. PANT) ....................,J. ( A.M. KHANWILKAR ) NEW DELHI AUGUST 16, 2016
3 ITEM NO.301 COURT NO.6 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS I.A. NO.3/2016 IN Writ Petition(s)(Civil) No(s). 131/2015 JAYANTI VARAD ULLAL Petitioner(s) VERSUS BHARAT CO OPERATIVE BANK (MUMBAI) LTD. AND ANR Respondent(s) (With appln. for stay and with office report) Date : 16/08/2016 This application was called on for hearing today. CORAM : HON'BLE MR. JUSTICE RANJAN GOGOI HON'BLE MR. JUSTICE PRAFULLA C. PANT HON'BLE MR. JUSTICE A.M. KHANWILKAR For Petitioner(s) Mr. Yadav Narender Singh,Adv. Mr. Vijay Sharma, Adv. For Respondent(s) Mr. Debmalya Banerjee, Adv. Mr. A.S. Aman, Adv. Mr. Jasmeeet Singh, Adv. Mr. Manish Sharma, Adv. For M/s. Karanjawala & Co. UPON hearing the counsel the Court made the following O R D E R I.A. No.3 is disposed of in terms of the signed order. (Neetu Khajuria) Court Master (Asha Soni) Court Master (Signed order is placed on the file.)
! 1 IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION I.A. NO.3 OF 2016 IN WRIT PETITION (CIVIL) NO.131 OF 2015 JAYANTI VARAD ULLAL APPLICANT(S)/ PETITIONER(S) VERSUS BHARAT CO OPERATIVE BANK (MUMBAI) LTD. AND ANR RESPONDENT(S) O R D E R 1. Having heard the learned counsels for the parties, we direct that the applicant-petitioner to deposit a sum of Rs.75,00,000/- (Rupees seventy five lakhs only) with the respondent-Bharat Co-operative Bank within a period of four weeks from today. Subject to the said deposit, the auction of the house-property of the applicant-petitioner shall not be resorted to. 2. We make it clear that if the amount of Rs.75,00,000/- (Rupees seventy five lakhs only) inSignature Not VerifiedDigitally signed byNEETU KHAJURIA terms of the present order is not deposited withinDate: 2016.08.1717:20:01 ISTReason: the time frame stipulated, the present interim order of stay of auction will stand vacated without 2further reference to the Court and the Bank will beat liberty to auction the house-property of theapplicant-petitioner.
3. With the aforesaid directions, I.A. No.3 isdisposed of. ....................,J. (RANJAN GOGOI) ....................,J. (PRAFULLA C. PANT) ....................,J. (A.M. KHANWILKAR) NEW DELHI AUGUST 16, 2016 3ITEM NO.301 COURT NO.6 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS I.A. NO.3/2016 IN Writ Petition(s)(Civil) No(s). 131/2015JAYANTI VARAD ULLAL Petitioner(s) VERSUSBHARAT CO OPERATIVE BANK (MUMBAI) LTD. AND ANR Respondent(s)(With appln. for stay and with office report)Date : 16/08/2016 This application was called on for hearing today.CORAM : HON'BLE MR. JUSTICE RANJAN GOGOI HON'BLE MR. JUSTICE PRAFULLA C. PANT HON'BLE MR. JUSTICE A.M. KHANWILKARFor Petitioner(s) Mr. Yadav Narender Singh,Adv. Mr. Vijay Sharma, Adv.For Respondent(s) Mr. Debmalya Banerjee, Adv. Mr. A.S. Aman, Adv. Mr. Jasmeeet Singh, Adv. Mr. Manish Sharma, Adv. For M/s. Karanjawala & Co. UPON hearing the counsel the Court made the following O R D E R I.A. No.3 is disposed of in terms of the signed order. (Neetu Khajuria) (Asha Soni) Court Master Court Master (Signed order is placed on the file.)
ITEM NO.2 REGISTRAR COURT. 2 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MR. CHIRAG BHANU SINGH, Petition(s) for Special Leave to Appeal (C) No(s). 24309/2010 OMKAR BODY BUILDERS Petitioner(s) VERSUS THE KHERALU NAGRIK SAHAKARI BANK LTD Respondent(s) WITH SLP(C) No. 17054/2013 (Interim Relief and Office Report) SLP(C) No. 18775/2013 (Interim Relief and Office Report) SLP(C)No. 35137/2013 (With Appln.(s) for modification/ recalling of Court's Order and Interim Relief and Office Report). Date : 27/07/2016 This petition was called on for hearing today. For Petitioner(s) Ms. Charu Mathur,Adv. Mr. Pradhuman Gohil, Adv. Ms. Neha Agarwal, Adv. Mr. E. C. Agrawala,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R SLP(C)No. 24309/2010 Service is complete in respect of respect of respondent no. 2 but no one has entered appearance. Learned Counsel for the petitioner shall take fresh steps for effecting service of notice on respondent no. 1 within four weeks. Notice thereafter, be issued. … .contd.2/-
-2- SLP(C)No. 17054/2013 Service is complete in respect of respondent nos. 1, 3 to 5 but no one has entered appearance. Learned Counsel for the petitioner shall take fresh steps for effecting service of notice on respondent no. 2 within four weeks. Notice thereafter, be issued. SLP(C)No. 18775/2013 Service is complete in respect of respondent nos. 4 to 6 but no one has entered appearance. Learned Counsel for the petitioner shall take fresh steps for effecting service of notice on respondent nos. 1 to 3 within four weeks. Notice thereafter, be issued. SLP(C)35137/2013 Learned Counsel for the petitioner has to take fresh steps for effecting service of notice on all the respondents within four weeks. Notice thereafter, be issued. List again on 07.09.2016. (CHIRAG BHANU SINGH) Registrar JG
* ITEM NO.2 REGISTRAR COURT. 2 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MR. CHIRAG BHANU SINGH, Petition(s) for Special Leave to Appeal (C) No(s). 24309/2010 OMKAR BODY BUILDERS Petitioner(s) VERSUS THE KHERALU NAGRIK SAHAKARI BANK LTD Respondent(s) WITH SLP(C) No. 17054/2013 (Interim Relief and Office Report) SLP(C) No. 18775/2013 (Interim Relief and Office Report) SLP(C)No. 35137/2013 (With Appln.(s) for modification/ recalling of Court's Order and Interim Relief and Office Report). Date : 27/07/2016 This petition was called on for hearing today. For Petitioner(s) Ms. Charu Mathur,Adv. Mr. Pradhuman Gohil, Adv. Ms. Neha Agarwal, Adv. Mr. E. C. Agrawala,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R SLP(C)No. 24309/2010 Service is complete in respect of respect of respondent no. 2 but no one has entered appearance. Learned Counsel for the petitioner shall take fresh steps for effecting service of notice on respondent no. 1 within four weeks.Signature Not Verified Notice thereafter, be issued.Digitally signed byJYOTI GUPTADate: 2016.07.2910:44:50 ISTReason: ....contd.2/- -2-SLP(C)No. 17054/2013 Service is complete in respect of respondent nos. 1, 3 to 5but no one has entered appearance. Learned Counsel for the petitioner shall take fresh steps foreffecting service of notice on respondent no. 2 within four weeks. Notice thereafter, be issued.SLP(C)No. 18775/2013 Service is complete in respect of respondent nos. 4 to 6 butno one has entered appearance.
Learned Counsel for the petitioner shall take fresh steps foreffecting service of notice on respondent nos. 1 to 3 within fourweeks. Notice thereafter, be issued.SLP(C)35137/2013 Learned Counsel for the petitioner has to take fresh steps foreffecting service of notice on all the respondents within fourweeks. Notice thereafter, be issued. List again on 07.09.2016. (CHIRAG BHANU SINGH) RegistrarJG
ITEM NO.1 REGISTRAR COURT. 2 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MR. M V RAMESH I.A. 3/2016 in Writ Petition(s)(Civil) No(s). 492/2014 M/S ADISHWARS OILS AND FATS LTD. AND ORS Petitioner(s) VERSUS UNION OF INDIA AND ORS Respondent(s) (for substitution and office report) WITH SLP(C) No. 17935/2015 SLP(C) No. 27645/2015 W.P.(C) No. 858/2015 (With Office Report) Date : 18/07/2016 This application was called on for hearing today. For Petitioner(s) Ms. Rakhi Ray,Adv. Mr.Varun Thakur,Adv. Ms. Sushma Suri,Adv. Mr.Ashutosh Ghate,Adv. Mr. Nikhil Goel,Adv. Mr.A.C.Philip,adv. Ms. E. R. Sumathy,Adv. Mr.P.S.Sudheer,Adv. Mr.Rishi Maheshwari,Adv. For Respondent(s) Mr.Siddharth Sangal,Adv. Mr. Anil Kumar Sangal,Adv. Mr. A. Venayagam Balan,Adv. Ms. Abha R. Sharma,Adv. Mr.Brij Kishor Sah,Adv. M/s S.M.Jadhav & Co.,Adv. … ......2
ITEM NO.1 -2- WC492/14 UPON hearing the counsel the Court made the following O R D E R I.A.NO.3 IN W.P.(C)No.492/2014 Mr.P.S.Sudheer, Ld.counsel has filed an application for substitution of respondent No.4( State Bank of India). The said I.A. shall be processed for listing before the Hon'ble Judge in Chambers for further future directions. Await orders and list thereafter. W.P.(C) No.858/2015 The respondent Nos.2 & 3 have failed to file the counter affidavit within the period stipulated under the rules. Await the return of service of notice already issued to the respondent Nos.1,4 & 5. SLP(C) No. 17935/2015 Ld.counsel for the petitioner shall file the spare copies for issuance of notice to the respondents within two weeks. SLP(C) No. 27645/2015 The respondent No.2 has already filed the counter affidavit. Service of notice is complete on the respondent Nos.3-6, but no one has entered appearance on their behalf. Ld.counsel for the petitioner is directed to take fresh steps in respect of the respondent No.1 within four weeks. List the matter again on 29.08.2016. (M V RAMESH) Registrar SB
MATTER FOR 18.07.2016 R-COURT NO.2 ITEM NO. 1 SEC-X IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION INTERLOCUTORY APPLICATION NO. 3 (APPLICATION FOR SUBSTITUTION OF RESPONDENT NO. 4) IN WRIT PETITION (C) NO. 492 OF 2014 (UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA) WITH WRIT PETITION (C) NO. 858 OF 2015 (UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA) M/S. ADISHWAR OILS AND FATS LTD. & ORS. ETC. ...PETITIONERS -VERSUS- UNION OF INDIA & ORS. ...RESPONDENTS OFFICE REPORT Writ Petition (C) No. 492 of 2014 It is submitted that the writ petition above-mentioned was listed before the Hon'ble Court on 26.02.2016 with other connected matters, when the Court inter-alia passed the following order: “ .......................We, therefore, direct the Registry to place the papers before the Hon'ble the Chief Justice of India for being referred to a larger Bench.” It is further submitted that Mr. P.S. Sudheer, Advocate has on 18.04.2016 filed an application for substitution of respondent No. 4 (i.e. State Bank of India) on behalf of applicant viz. Asset Reconstruction Company (India) Limited. The said application has been registered as I.A. No. 3 of 2016. Service of notice is complete. System 4
Writ Petition (C) No. 858 of 2015 It is submitted that the writ petition above-mentioned was listed before the Court of Ld. Registrar on 25.04.2016, when the Court inter-alia passed the following order: “Four weeks time is given to the respondent Nos. 2 and 3 to file counter affidavit. Four weeks time, as last chance is given to the learned counsel for the petitioner to comply with the terms of the order dated 2.3.2016 of this Court in respect of Respondent Nos. 1, 4 and 5. List again on 18.07.2016.” It is further submitted that counsel for respondent Nos. 2 and 3 has not filed counter affidavit so far. Counsel for the petitioner has on 15.07.2016 filed spare copies for issuance of notice to respondent Nos. 1, 4 & 5. Accordingly, notice has been issued to respondent Nos. 1, 4 & 5 by speed post on 16.07.2016. Service is awaited in respect of respondent Nos. 1, 4 & 5. The matters above-mentioned are listed before the Court of Ld. Registrar with this office report. Dated this the 16th day of July, 2016. ASSISTANT REGISTRAR Copy to: Mr. Rakhi Ray, Advocate Mr. A.V. Balan, Advocate Mr. Anil Kumar Sangal, Advocate Mr. P.S. Sudheer, Advocate Ms. E.R. Sumathy, Advocate Ms. Abha R. Sharma, Advocate ASSISTANT REGISTRAR System 4
dITEM NO.1 REGISTRAR COURT. 2 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MR. M V RAMESHI.A. 3/2016 in Writ Petition(s)(Civil) No(s). 492/2014M/S ADISHWARS OILS AND FATS LTD. AND ORS Petitioner(s) VERSUSUNION OF INDIA AND ORS Respondent(s)(for substitution and office report)WITHSLP(C) No. 17935/2015SLP(C) No. 27645/2015W.P.(C) No. 858/2015(With Office Report) Date : 18/07/2016 This application was called on for hearing today.For Petitioner(s) Ms. Rakhi Ray,Adv. Mr.Varun Thakur,Adv. Ms. Sushma Suri,Adv. Mr.Ashutosh Ghate,Adv. Mr. Nikhil Goel,Adv. Mr.A.C.Philip,adv. Ms. E. R. Sumathy,Adv. Mr.P.S.Sudheer,Adv. Mr.Rishi Maheshwari,Adv.For Respondent(s) Mr.Siddharth Sangal,Adv. Mr. Anil Kumar Sangal,Adv. Mr. A. Venayagam Balan,Adv. Ms. Abha R. Sharma,Adv. Mr.Brij Kishor Sah,Adv. M/s S.M.Jadhav & Co.,Adv. ⬠¦ ......2ITEM NO.1 -2- WC492/14 UPON hearing the counsel the Court made the following O R D E RI.A.NO.3 IN W.P.(C)No.492/2014Mr.P.S.Sudheer, Ld.counsel has filed an application forsubstitution of respondent No.4( State Bank of India). The saidI.A. shall be processed for listing before the Hon'ble Judge inChambers for further future directions. Await orders and listthereafter.W.P.(C) No.858/2015The respondent Nos.2 & 3 have failed to file the counteraffidavit within the period stipulated under the rules.Await the return of service of notice already issued to therespondent Nos.1,4 & 5.SLP(C) No. 17935/2015Ld.counsel for the petitioner shall file the spare copies forissuance of notice to the respondents within two weeks.SLP(C) No. 27645/2015The respondent No.2 has already filed the counter affidavit.Service of notice is complete on the respondent Nos.3-6, but no onehas entered appearance on their behalf.Ld.counsel for the petitioner is directed to take fresh stepsin respect of the respondent No.1 within four weeks.List the matter again on 29.08.2016. (M V RAMESH) RegistrarSB
1 ITEM NO.302 COURT NO.7 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS I.A. 3/2016 in Writ Petition(s)(Civil) No(s). 131/2015 JAYANTI VARAD ULLAL Petitioner(s) VERSUS BHARAT CO OPERATIVE BANK (MUMBAI) LTD. AND ANR Respondent(s) (with application for stay and with office report) Date : 11/07/2016 This application was called on for hearing today. CORAM : HON'BLE MR. JUSTICE RANJAN GOGOI HON'BLE MR. JUSTICE PRAFULLA C. PANT HON'BLE MR. JUSTICE A.M. KHANWILKAR For Petitioner(s) Mr. Yadav Narender Singh,Adv. Mr. Rakesh Vishan, Adv. For Respondent(s) Mr. Debmalya Banerjee, Adv. Mr. Jasmeet Singh, Adv. Mr. A.S. Aman, Adv. Mr. Manish Sharma, Adv. Mr. Aviral Kapoor, Adv. Ms. Manik Karanjawala, Adv. For M/s. Karanjawala & Co. UPON hearing the counsel the Court made the following O R D E R We have heard the learned counsels for the parties and perused the relevant material on record. It is clear that the interim direction passed by this Court on 20.03.2015 had not been complied with within the time fixed leading to the auction of some of the properties of the petitioner.
2 In the said auction over Rs.2,00,00,000/- (Rupees two crores) was received by the Bank by auctioning the said properties. The said proceeds have been appropriated towards the loan amount. However, about Rs.1,70,00,000/- (Rupees one crore seventy lakhs) is still outstanding against the loan account. In such circumstances, we call upon the petitioner to make an offer to the Bank to settle the dues to the extent possible, whereafter, orders on holding back of the auction of the house property of the petitioner will be passed by the Court. The said offer be made by the petitioner to the Bank within a period of four weeks from today. List the matter on the expiry of the four weeks. (Neetu Khajuria) Sr.P.A. (Asha Soni) Court Master
î 1 ITEM NO.302 COURT NO.7 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS I.A. 3/2016 in Writ Petition(s)(Civil) No(s). 131/2015 JAYANTI VARAD ULLAL Petitioner(s) VERSUS BHARAT CO OPERATIVE BANK (MUMBAI) LTD. AND ANR Respondent(s) (with application for stay and with office report) Date : 11/07/2016 This application was called on for hearing today. CORAM : HON'BLE MR. JUSTICE RANJAN GOGOI HON'BLE MR. JUSTICE PRAFULLA C. PANT HON'BLE MR. JUSTICE A.M. KHANWILKAR For Petitioner(s) Mr. Yadav Narender Singh,Adv. Mr. Rakesh Vishan, Adv. For Respondent(s) Mr. Debmalya Banerjee, Adv. Mr. Jasmeet Singh, Adv. Mr. A.S. Aman, Adv. Mr. Manish Sharma, Adv. Mr. Aviral Kapoor, Adv. Ms. Manik Karanjawala, Adv. For M/s. Karanjawala & Co. UPON hearing the counsel the Court made the following O R D E R We have heard the learned counsels for the parties and perused the relevant material on record. It is clear that the interim direction passed by this Court on 20.03.2015 had not beenSignature Not VerifiedDigitally signed byNEETU KHAJURIADate: 2016.07.13 complied with within the time fixed leading to the11:32:01 ISTReason: auction of some of the properties of the petitioner. 2 In the said auction over Rs.2,00,00,000/-(Rupees two crores) was received by the Bank byauctioning the said properties. The said proceeds
have been appropriated towards the loan amount.However, about Rs.1,70,00,000/- (Rupees one croreseventy lakhs) is still outstanding against theloan account. In such circumstances, we call uponthe petitioner to make an offer to the Bank tosettle the dues to the extent possible, whereafter,orders on holding back of the auction of the houseproperty of the petitioner will be passed by theCourt. The said offer be made by the petitioner tothe Bank within a period of four weeks from today. List the matter on the expiry of the fourweeks. (Neetu Khajuria) (Asha Soni) Sr.P.A. Court Master
ITEM NO.11 COURT NO.7 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition(s)(Civil) No(s). 247/2016 M/S. MY HOME HOTELS PVT. LTD. Petitioner(s) VERSUS UNION OF INDIA AND ORS. Respondent(s) (with appln. (s) for stay and office report) Date : 29/06/2016 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE RANJAN GOGOI HON'BLE MR. JUSTICE PRAFULLA C. PANT For Petitioner(s) Mr. Satpal Singh,Adv. Mr. V.S. Dubey, Adv. For Respondent(s) Mr. Vinay Navare, Adv. Ms. Abha R. Sharma,Adv. UPON hearing the counsel the Court made the following O R D E R Issue notice. Tag with Civil Appeal No.5674 of 2009. (Neetu Khajuria) Sr.P.A. (Asha Soni) Court Master
\214ITEM NO.11 COURT NO.7 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSWrit Petition(s)(Civil) No(s). 247/2016M/S. MY HOME HOTELS PVT. LTD. Petitioner(s) VERSUSUNION OF INDIA AND ORS. Respondent(s)(with appln. (s) for stay and office report)Date : 29/06/2016 This petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE RANJAN GOGOI HON'BLE MR. JUSTICE PRAFULLA C. PANTFor Petitioner(s) Mr. Satpal Singh,Adv.Mr. V.S. Dubey, Adv. For Respondent(s) Mr. Vinay Navare, Adv. Ms. Abha R. Sharma,Adv. UPON hearing the counsel the Court made the following O R D E RIssue notice.Tag with Civil Appeal No.5674 of 2009.(Neetu Khajuria)Sr.P.A. (Asha Soni)Court Master
ITEM NO.26 REGISTRAR COURT. 2 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MR. M V RAMESH Writ Petition(s)(Civil) No(s). 858/2015 DATTATRAYA VITHOBHA SHELKE Petitioner(s) VERSUS UNION OF INDIA AND ORS. Respondent(s) (with appln. (s) for stay and office report) Date : 25/04/2016 This petition was called on for hearing today. For Petitioner(s) Ms. E. R. Sumathy,Adv. For Respondent(s) Mr. Gwen K.B.,Adv. Ms. Abha R. Sharma,Adv. UPON hearing the counsel the Court made the following O R D E R Four weeks time is given to the respondent Nos. 2 and 3 to file the counter affidavit. Four weeks time, as last chance is given to the learned counsel for the petitioner to comply with the terms of the order dated 2.3.2016 of this Court in respect of Respondent Nos.1, 4 and 5. List again on 18.7.2016. (M V RAMESH) Registrar MG
MATTER FOR 25.04.2016 R-COURT NO.2 ITEM NO.26 SEC-X IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) NO. 858 OF 2015 (UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA) DATTARAYA VITHOBHA SHELKE ...PETITIONER -VERSUS- UNION OF INDIA & ORS. ...RESPONDENTS OFFICE – REPORT The Writ Petition above-mentioned was listed before the Court of Ld. Registrar on 02.03.2016 with office report dated 01.03.2016, when the following order was passed: " Four weeks time is given to the respondent Nos. 2 and 3 to file the counter affidavit. One week's time is given to the learned counsel for the petitioner for filing the spare copies of the petition whereafter notice shall be issued to the respondent Nos. 1, 4 and 5 with utmost dispatch. List again on 25.4.2016. " It is submitted that pursuant to the aforesaid order, no counter affidavit has been filed on behalf of respondent nos. 2 and 3. The counsel for the petitioner has not filed spare copies of the writ petition. Hence, notice could not be issued. The office report regarding service position/counter affidavit is listed before the Court of Ld. Registrar. Dated this the 23rd day of April, 2016. ASSISTANT REGISTRAR Copy to: Ms. E.R. Sumathy, Advocate Ms. Abha R. Sharma, Advocate ASSISTANT REGISTRAR
ª ITEM NO.26 REGISTRAR COURT. 2 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MR. M V RAMESH Writ Petition(s)(Civil) No(s). 858/2015 DATTATRAYA VITHOBHA SHELKE Petitioner(s) VERSUS UNION OF INDIA AND ORS. Respondent(s) (with appln. (s) for stay and office report) Date : 25/04/2016 This petition was called on for hearing today. For Petitioner(s) Ms. E. R. Sumathy,Adv. For Respondent(s) Mr. Gwen K.B.,Adv. Ms. Abha R. Sharma,Adv. UPON hearing the counsel the Court made the following O R D E R Four weeks time is given to the respondent Nos. 2 and 3 to file the counter affidavit. Four weeks time, as last chance is given to the learned counsel for the petitioner to comply with the terms of the order dated 2.3.2016 of this Court in respect of Respondent Nos.1, 4 and 5. List again on 18.7.2016.Signature Not VerifiedDigitally signed byMadhu GroverDate: 2016.04.25 (M V RAMESH)16:47:27 SCTReason: Registrar MG
ITEM NO.24 COURT NO.13 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition(s)(Civil) Diary No.17142/2015 M/S. MY HOME HOTELS PVT. LTD. Petitioner(s) VERSUS UNION OF INDIA AND ORS. Respondent(s) (Office report on default) Date : 18/04/2016 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE UDAY UMESH LALIT [IN CHAMBERS] For Petitioner(s) Mr. Satpal Singh,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Delay of 3 days in curing the defects is condoned. (RASHMI DHYANI) SR.P.A. (SUMAN JAIN) COURT MASTER
4 ITEM NO.24 COURT NO.13 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition(s)(Civil) Diary No.17142/2015 M/S. MY HOME HOTELS PVT. LTD. Petitioner(s) VERSUS UNION OF INDIA AND ORS. Respondent(s) (Office report on default) Date : 18/04/2016 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE UDAY UMESH LALIT [IN CHAMBERS] For Petitioner(s) Mr. Satpal Singh,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Delay of 3 days in curing the defects is condoned. (RASHMI DHYANI) (SUMAN JAIN) SR.P.A. COURT MASTERSignature Not VerifiedDigitally signed byRASHMI DHYANIDate: 2016.04.1916:25:25 ISTReason:
SECTION – IX IN THE SUPREME COURT OF INDIA CIVIL APPEALATTE JURISDICTION CIVIL APPEAL Nos. 5674, 5675, 5681, 5682, 5684 of 2009 WITH CIVIL APPEAL NOS. 7410 OF 2010 PANDURANG GANPATI CHAUGULE ...APPELLANT VERSUS VISHWASRAO PATIL MURGUD SAHAKARI BANK L. ...RESPONDENT To: Mr. Gaurav Agarwal, Advocate for the appellant in CA5674 of 2009 Mr. Nikhil Nayyar, Advocate for the appellant in CA5675 of 2009 Ms. Anagha S. Desai, Advocate for the appellant in CA5681 of 2009 Ms. Anagha S. Desai, Advocate for the appellant in CA5682 of 2009 Mr. Chandan Ramamurthy, Advocate for the appellant in CA5684 of 2009 Mr. A.V. Balan, Advocate for the appellant in CA7410 of 2010 Sir The main matter i.e. Civil Appeal No. 5674 of 2009 alongwith connected matters were listed before the Hon'ble Court on 26.02.2016 when the Court was pleased to interalia pass the following order: “........................................... ….......................................... The Registry to place the papers before the Hon'ble the Chief Justice of India for being referred to a larger Bench in terms of the signed order. ” Pursuant to above mentioned order you are requested to file two(2) more complete set of Civil Appeal paper books for the kind perusal of the Hon'ble Court. Dated this the 15 th day of March, 2016.
ASSISTANT REGISTRAR
ITEM NO.32 REGISTRAR COURT. 2 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MR. M V RAMESH Writ Petition(s)(Civil) No(s). 858/2015 DATTATRAYA VITHOBHA SHELKE Petitioner(s) VERSUS UNION OF INDIA AND ORS. Respondent(s) (with appln. (s) for stay and office report) Date : 02/03/2016 This petition was called on for hearing today. For Petitioner(s) Ms. E. R. Sumathy,Adv. For Respondent(s) Ms. Abha R. Sharma,Adv. UPON hearing the counsel the Court made the following O R D E R Four weeks time is given to the respondent Nos. 2 and 3 to file the counter affidavit. One week's time is given to the learned counsel for the petitioner for filing the spare copies of the petition whereafter notice shall be issued to the respondent Nos. 1, 4 and 5 with utmost dispatch. List again on 25.4.2016. (M V RAMESH) Registrar MG
MATTER FOR 02.03.2016 R-COURT NO. ITEM NO. SEC-X IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) NO. 858 OF 2015 (UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA) DATTARAYA VITHOBHA SHELKE ...PETITIONER -VERSUS- UNION OF INDIA & ORS. ...RESPONDENTS OFFICE – REPORT The Writ Petition above-mentioned was listed before the Hon'ble Court on 04.01.2016 with connected matter, when the Court was pleased to pass the following order: " W.P.(C) NO. 858/2015 Issue notice by speed post. To be heard along with Civil Appeal No. 5674 of 2009. Ad-interim relief, as prayed for, is granted on a condition that 50% of the amount, which was payable to the Creditor-Bank as on 1st January, 2016, shall be paid before 31st March, 2016. If the amount is not paid as directed hereinabove, the order with regard to interim relief, shall stand vacated. " It is submitted that pursuant to the aforesaid order, show cause notice could not be issued as the counsel for the petitioner has not filed spare copies. Ms. Abha R. Sharma, Advocate has filed vakalatnama and memo of appearance on behalf of respondent nos. 2 and 3 but she has not filed counter affidavit so far. The writ petition above-mentioned is listed before the Hon'ble Court with this office report. Dated this the 1st day of March, 2016. ASSISTANT REGISTRAR Copy to: Ms. E.R. Sumathy, Advocate Ms. Abha R. Sharma, Advocate ASSISTANT REGISTRAR
¤ITEM NO.32 REGISTRAR COURT. 2 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MR. M V RAMESHWrit Petition(s)(Civil) No(s). 858/2015DATTATRAYA VITHOBHA SHELKE Petitioner(s) VERSUSUNION OF INDIA AND ORS. Respondent(s)(with appln. (s) for stay and office report)Date : 02/03/2016 This petition was called on for hearing today.For Petitioner(s) Ms. E. R. Sumathy,Adv. For Respondent(s) Ms. Abha R. Sharma,Adv. UPON hearing the counsel the Court made the following O R D E RFour weeks time is given to the respondent Nos. 2 and 3 tofile the counter affidavit.One week's time is given to the learned counsel for thepetitioner for filing the spare copies of the petition whereafternotice shall be issued to the respondent Nos. 1, 4 and 5 withutmost dispatch. List again on 25.4.2016. (M V RAMESH) RegistrarMG
1 ITEM NO.301 COURT NO.7 SECTION IX/X/IV-A/ XIV/XI-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS CIVIL APPEAL NO. 5674/2009 PANDURANG GANPATI CHAUGULE APPELLANT(S) VERSUS VISHWASRAO PATIL MURGUD SAHAKARI BANK L. RESPONDENT(S) (WITH INTERIM RELIEF AND OFFICE REPORT) WITH SLP(C) NO. 7694/2015 (WITH INTERIM RELIEF AND OFFICE REPORT) W.P.(C) NO. 131/2015 (WITH APPLN.(S) FOR STAY AND OFFICE REPORT) SLP(C) NO. 29859/2010 (WITH INTERIM RELIEF AND OFFICE REPORT) C.A. NO. 5675/2009 (WITH INTERIM RELIEF AND OFFICE REPORT) C.A. NO. 5681/2009 (WITH OFFICE REPORT) C.A. NO. 5682/2009 (WITH INTERIM RELIEF AND OFFICE REPORT) C.A. NO. 5684/2009 (WITH INTERIM RELIEF) SLP(C) NO. 25930/2009 (WITH INTERIM RELIEF AND OFFICE REPORT) W.P.(C) NO. 318/2010 (WITH OFFICE REPORT) C.A. NO. 4391/2010 (WITH OFFICE REPORT) C.A. NO. 7410/2010 SLP(C) NO. 24309/2010
2 W.P.(C) NO. 41/2011 (WITH APPLN.(S) FOR VACATING STAY AND OFFICE REPORT) W.P.(C) NO. 220/2011 (WITH OFFICE REPORT) W.P.(C) NO. 293/2011 (WITH APPLN.(S) FOR DIRECTIONS AND OFFICE REPORT) W.P.(C) NO. 306/2011 (WITH APPLN.(S) FOR DIRECTIONS AND OFFICE REPORT) W.P.(C) NO. 338/2011 (WITH OFFICE REPORT) W.P.(C) NO. 375/2011 (WITH OFFICE REPORT) SLP(C) NO. 7295-7298/2011 (WITH OFFICE REPORT) SLP(C) NO. 22304-22305/2011 (WITH OFFICE REPORT) SLP(C) NO. 24479-24480/2011 (WITH INTERIM RELIEF AND OFFICE REPORT) W.P.(C) NO. 122/2012 (WITH APPLN.(S) FOR VACATING STAY AND OFFICE REPORT) W.P.(C) NO. 199/2012 (WITH OFFICE REPORT) W.P.(C) NO. 250/2012 (WITH OFFICE REPORT) W.P.(C) NO. 291/2012 (WITH OFFICE REPORT) W.P.(C) NO. 386/2012 (WITH APPLN.(S) FOR DIRECTIONS AND OFFICE REPORT) W.P.(C) NO. 487/2012 (WITH OFFICE REPORT) W.P.(C) NO. 537/2012
3 (WITH OFFICE REPORT) W.P.(C) NO. 554/2012 (WITH APPLN.(S) FOR DIRECTIONS AND OFFICE REPORT) SLP(C) NO. 24276/2012 (WITH INTERIM RELIEF AND OFFICE REPORT) W.P.(C) NO. 36/2013 (WITH OFFICE REPORT) W.P.(C) NO. 111/2013 (WITH APPLN.(S) FOR DIRECTIONS AND MODIFICATION OF COURT'S ORDER AND OFFICE REPORT) W.P.(C) NO. 112/2013 (WITH APPLN.(S) FOR DIRECTIONS AND MODIFICATION OF COURT'S ORDER AND OFFICE REPORT) W.P.(C) NO. 138/2013 (WITH OFFICE REPORT) W.P.(C) NO. 146/2013 (WITH OFFICE REPORT) W.P.(C) NO. 151/2013 (WITH OFFICE REPORT) W.P.(C) NO. 175/2013 (WITH OFFICE REPORT) W.P.(C) NO. 179/2013 (WITH OFFICE REPORT) W.P.(C) NO. 181/2013 (WITH OFFICE REPORT) W.P.(C) NO. 191/2013 (WITH APPLN.(S) FOR DIRECTIONS AND VACATION OF EX-PARTE STAY AND OFFICE REPORT) W.P.(C) NO. 192/2013 (WITH APPLN.(S) FOR DIRECTIONS AND OFFICE REPORT) W.P.(C) NO. 201/2013 (WITH OFFICE REPORT) W.P.(C) NO. 233/2013
4 (WITH OFFICE REPORT) W.P.(C) NO. 236/2013 (WITH OFFICE REPORT) W.P.(C) NO. 238/2013 (WITH OFFICE REPORT) W.P.(C) NO. 248/2013 (WITH OFFICE REPORT) W.P.(C) NO. 250/2013 (WITH OFFICE REPORT) W.P.(C) NO. 253/2013 (WITH APPLN.(S) FOR VACATING STAY AND OFFICE REPORT) W.P.(C) NO. 264/2013 (WITH OFFICE REPORT) W.P.(C) NO. 265/2013 (WITH APPLN.(S) FOR DIRECTIONS AND OFFICE REPORT) W.P.(C) NO. 266/2013 (WITH OFFICE REPORT) W.P.(C) NO. 270/2013 (WITH APPLN.(S) FOR DIRECTIONS AND OFFICE REPORT) W.P.(C) NO. 271/2013 (WITH APPLN.(S) FOR DIRECTIONS AND OFFICE REPORT) W.P.(C) NO. 279/2013 (WITH OFFICE REPORT) W.P.(C) NO. 280/2013 (WITH OFFICE REPORT) W.P.(C) NO. 284/2013 (WITH OFFICE REPORT) W.P.(C) NO. 353/2013 (WITH OFFICE REPORT) W.P.(C) NO. 452/2013 (WITH OFFICE REPORT)
5 W.P.(C) NO. 469/2013 (WITH OFFICE REPORT) W.P.(C) NO. 588/2013 (WITH APPLN.(S) FOR MODIFICATION OF COURT'S ORDER AND OFFICE REPORT) W.P.(C) NO. 753/2013 (WITH OFFICE REPORT) W.P.(C) NO. 758/2013 (WITH OFFICE REPORT) W.P.(C) NO. 761/2013 (WITH OFFICE REPORT) W.P.(C) NO. 762/2013 (WITH OFFICE REPORT) W.P.(C) NO. 800/2013 (WITH OFFICE REPORT) W.P.(C) NO. 819/2013 (WITH OFFICE REPORT) W.P.(C) NO. 877/2013 (WITH OFFICE REPORT) W.P.(C) NO. 922/2013 (WITH OFFICE REPORT) W.P.(C) NO. 1007/2013 (WITH OFFICE REPORT) W.P.(C) NO. 1037/2013 (WITH APPLN.(S) FOR STAY AND DISMISSAL OF WRIT PETITION AND OFFICE REPORT) W.P.(C) NO. 1043/2013 (WITH OFFICE REPORT) W.P.(C) NO. 1044/2013 (WITH OFFICE REPORT) W.P.(C) NO. 1045/2013 (WITH OFFICE REPORT)
6 SLP(C) NO. 12916/2013 (WITH INTERIM RELIEF AND OFFICE REPORT) SLP(C) NO. 15634-15635/2013 (WITH OFFICE REPORT) SLP(C) NO. 17054/2013 (WITH INTERIM RELIEF AND OFFICE REPORT) SLP(C) NO. 18775/2013 (WITH INTERIM RELIEF AND OFFICE REPORT) SLP(C) NO. 18777/2013 (WITH INTERIM RELIEF AND OFFICE REPORT) SLP(C) NO. 29720/2013 (WITH OFFICE REPORT) SLP(C) NO. 29721/2013 (WITH OFFICE REPORT) SLP(C) NO. 35137/2013 (WITH APPLN.(S) FOR MODIFICATION/RECALLING OF COURT'S ORDER AND INTERIM RELIEF AND OFFICE REPORT) W.P.(C) NO. 5/2014 (WITH OFFICE REPORT) W.P.(C) NO. 10/2014 (WITH OFFICE REPORT) W.P.(C) NO. 40/2014 (WITH OFFICE REPORT) W.P.(C) NO. 142/2014 (WITH OFFICE REPORT) W.P.(C) NO. 168/2014 (WITH APPLN.(S) FOR VACATING STAY AND OFFICE REPORT) W.P.(C) NO. 169/2014 (WITH APPLN.(S) FOR VACATING STAY AND OFFICE REPORT) W.P.(C) NO. 352/2014 (WITH APPLN.(S) FOR DIRECTIONS AND OFFICE REPORT) W.P.(C) NO. 408/2014 (WITH OFFICE REPORT)
7 W.P.(C) NO. 420/2014 (WITH OFFICE REPORT) W.P.(C) NO. 421/2014 (WITH APPLN.(S) FOR STAY AND VACATING STAY AND OFFICE REPORT) W.P.(C) NO. 492/2014 (WITH OFFICE REPORT) W.P.(C) NO. 712/2014 (WITH APPLN.(S) FOR VACATING STAY AND MODIFICATION OF COURT'S ORDER AND OFFICE REPORT) W.P.(C) NO. 714/2014 (WITH APPLN.(S) FOR VACATING STAY AND OFFICE REPORT) W.P.(C) NO. 754/2014 (WITH OFFICE REPORT) W.P.(C) NO. 795/2014 (WITH OFFICE REPORT) W.P.(C) NO. 827/2014 (WITH OFFICE REPORT) W.P.(C) NO. 838/2014 (WITH APPLN.(S) FOR VACATING INTERIM ORDER AND OFFICE REPORT) W.P.(C) NO. 849/2014 (WITH APPLN.(S) FOR VACATING INTERIM ORDER AND OFFICE REPORT) W.P.(C) NO. 1020/2014 (WITH OFFICE REPORT) S.L.P.(C)...CC NO. 7586/2014 (WITH APPLN.(S) FOR C/DELAY IN FILING SLP AND OFFICE REPORT) SLP(C) NO. 32589/2014 (WITH APPLN.(S) FOR EXTENSION OF TIME AND OFFICE REPORT) W.P.(C) NO. 26/2015 (WITH APPLN.(S) FOR MODIFICATION AND OFFICE REPORT) W.P.(C) NO. 79/2015 (WITH APPLN.(S) FOR EXTENSION OF TIME AND OFFICE REPORT)
8 W.P.(C) NO. 86/2015 (WITH APPLN.(S) FOR DIRECTIONS AND OFFICE REPORT) W.P.(C) NO. 264/2015 (WITH APPLN.(S) FOR RECALLING THE COURT'S ORDER AND OFFICE REPORT) W.P.(C) NO. 186/2015 (WITH OFFICE REPORT) SLP(C) NO. 17935/2015 (WITH OFFICE REPORT) SLP(C) NO. 27645/2015 (WITH INTERIM RELIEF AND OFFICE REPORT) W.P.(C) NO. 733/2015 (WITH APPLN.(S) FOR STAY AND OFFICE REPORT) SLP(C) NO. 28892/2015 (WITH INTERIM RELIEF AND OFFICE REPORT) W.P.(C) NO. 868/2015 (WITH APPLN.(S) FOR STAY AND OFFICE REPORT) W.P.(C) NO. 858/2015 (WITH APPLN.(S) FOR STAY AND OFFICE REPORT) Date : 26/02/2016 These cases were called on for hearing today. CORAM : HON'BLE MR. JUSTICE RANJAN GOGOI HON'BLE MR. JUSTICE ARUN MISHRA HON'BLE MR. JUSTICE PRAFULLA C. PANT For parties (s) Mr. Devansh A. Mohta, Adv. Mr. Shishir Deshpande, Adv. Mr. Amit Yadav, Adv. Ms. Sujata Kurdukar, Adv. Mr. Arun Aggarwal, Adv. Mr. Taranjeet Singh, Adv. Mr. Gaurav Agrawal, AOR Mr. P.S. Narasimha, ASG Mr. Yashank Adhyari, Sr. Adv. Ms. Kiran Bhardwaj, Adv. Ms. Sunita Sharma, Adv. Mr. B.K. Prasad, Adv. Ms. Sushma Suri, Adv.
9 Mr. Subramonium Prasad, Sr. Adv. Mr. Abhay Kumar, AOR Mr. Ashmeet Singh, Adv. Mr. Yadav Narender Singh, AOR Mr. Chirag M. Shroff, AOR Mr. Nikhil Nayyar, AOR Mr. Akash Kakade, Adv. Mr. Satyajit Desai, Adv. Ms. Anagha S. Desai, AOR Ms. Chandan Ramamurthi, AOR Ms. Vanshaja Shukla, AOR Mr. R.N. Dhorde, Sr. Adv. Mr. M.Y. Deshmukh, Adv. Mr. Onkar Nath, Adv. Mr. Saurabh Tuteja, Adv. Mr. Rameshwar Prasad Goyal, AOR Mr. Renjith. B, AOR Mr. Arvind Kumar, Adv. Mr. Purti, Adv. Mr. Chinban Chouhan, Adv. Mr. Ganesh D. Gurnule, Adv. Mr. A. Venayagam Balan, AOR Mr. Pradhuman Gohil, Adv. Mrs. Taruna Singh Gohil, Adv. Mr. Himanshu Charubey, Adv. Ms. Charu Mathur, AOR Mr. Satpal Singh, AOR Mr. Vijay Kumar, AOR
10 Mr. S. Sadasiva Reddy, Adv. Mr. Mathews J. Nedumpara, Adv. Mr. A.C. Philip, Adv. Mr./Ms. Anjan Sinha, Adv. Mrs.S. Usha Reddy, AOR Ms. Pooja Sharma, Adv. Mr. A.V. Manavalam. Adv. Mr. H. Chandra Sekhar, AOR Mr. Nikhil Goel, AOR Ms. Naveen Goel, Adv. Mr. Marsook Bafaki, Adv. Mr. Bankey Bihari Sharma, AOR Mr. Lakshmi Raman Singh, AOR Mr. Vikas Mehta, AOR Ms. Sujata Kurdukar, AOR Mr. Sarad Kumar Singhania, AOR Mr. Harish Pandey, AOR Mr. N. Ganpathy, AOR Mr. Amar Dave, Adv. Mr. P. S. Sudheer, AOR Mr. Rishi Maheshwari, Adv. Ms. Shruti Jose, Adv. Mr. R.N. Singh, Adv. Mr. Rajiv Kumar, Adv. Ms. Kusum Chaudhary, AOR Mr. Amol Chitale, Adv. Ms. Pragya Baghel, AOR Ms. Samten Doma, Adv. Mr. M. Khairati, Adv. Mr. Irshad Ahmad, AOR Mr. M. J. Paul, AOR
11 Mr. Garvesh Kabra, AOR Mr. Anirudh Sanganeria, Adv. Mr. Mukul Kumar, AOR Mr. S.K. Kulkarni, Adv. Mr. M. Gireesh Kumar, Adv. Mr. Shubham Jaiswal, Adv. Mr. Ankur S. Kulkarni, AOR Mr. E. C. Agrawala, AOR Mr. Vikrant Pachnanda, Adv. Ms. Devika Mohan, Adv. Mr. Mahesh Agrawala, Adv. Mr. P.B. Suresh, Adv. Mr. Udayaditya Banerjee, Adv. For M/s. Temple Law Firm, AOR Mr. Gaurav Goel, Adv. Ms. Garima Prashad, AOR Mr. Shishir Deshpande, AOR Ms. Rakhi Ray, AOR Mr. Atul Babasaheb Dakh, AOR Mr. Santosh Krishnan, AOR Mr. Vineet Bhagat, AOR Mr. R. Shrivastav, Adv. Mr. K. Krishna Kumar, AOR Mr. Mathews J. Nedumpara, Adv. Mr. A.C. Philip, Adv. Mr./Ms. Anjan Sinha, Adv. Mr. Rabin Majumder, AOR
12 Mr. B.B. Sawhney, Sr. Adv. Mr. Yashank Adhyaru, Sr. Adv. Mr. T.R. Razdan, Adv. Ms. Sadhna Sandhu, Adv. Mr. Aditiya Shandiliya, Adv. Mr. R.K. Verma, Adv. Ms. Sushma Suri, AOR Mr. Anup Jain, AOR Mr. Ahishek Baid, Adv. Mr. Amol Nirmalkumar Suryawanshi, AOR Mr. Mathews J. Nedumpara, Adv. Mr. A.C. Philip, Adv. Mr./Ms. Anjan Sinha, Adv. Ms. E. R. Sumathy, AOR Mr. Vinay Navare, Adv. Ms. Abha R. Sharma, AOR Mr. Debmalya Banerjee, Adv. Mr. Jasmeet Singh, Adv. Mr. A.S. Aman, Adv. Mr. Manish Sharma, Adv. Mrs. Manik Karanjawala, Adv. For M/s. Karanjawala & Co., AOR Mr. Aniruddha P. Mayee, AOR Mr. S.S. Panesar, Adv. Mr. Selvin Raja, Adv. Mr. Jaideep Gupta, Sr. Adv. Mr. Kuldeep S. Parihar, Adv. Mr. H. S. Parihar, AOR Mr. Uday B. Dube, AOR Ms. Vibha Datta Makhija, Sr. Adv. Ms. Rashmi Singhania, Adv. Mr. Praveen Chaturvedi, AOR
13 Mr. Pratap Venugopal, Adv. Ms. Surekha Raman, Adv. Mr. Purushottam Kumar Jha, Adv. Ms. Niharika, Adv. Mr. Anuj Sarma, Adv. For M/s. K. J. John & Co., AOR Mr. M. T. George, AOR Mr. Shreekant N. Terdal, AOR Ms. Praveena Gautam, AOR Mr. Deepak Tyagi, Adv. Ms. Pusshp Gupta, Adv. Mr. Shivaji M. Jadhav, AOR Ms. Rajani K. Prasad, Adv. Ms. N. Annapoorani, AOR Mr. Anil Kumar Mishra, AOR Mr. D. M. Nargolkar, AOR Mr. Piyush Sharma, AOR Mr. D. Bharat Kumar, Adv. Mr. Abhijit Sengupta, AOR Mr. B. Subrahmanya Prasad, AOR Mr. Arjun Krishnan, AOR Mr. Ankur Singh, Adv. Mr. Suresh Datt Dobhal, Adv. Mr. Ankur Prakash, AOR Mr. V. N. Raghupathy, AOR Mr. Siddhesh Kotwal, Adv. Mr. Raghunatha Sethupathy, Adv. Mr. Nirnimesh Dube, AOR Mr. Pravin Satale, Adv. Mr. Rajiv Shankar Dvivedi, AOR
14 Ms. Hemantika Wahi, AOR Ms. Jesal Wahi, Adv. Mr. S. N. Bhat, AOR Mr. Rajeev K. Panday, Adv. Mr. Rajeev Maheshwaranand Roy, AOR Ms. Anuradha Mutatkar, AOR Mr. S.M. Jadhav, Adv. Mr. Darpan Bhuyan, Adv. for M/s. S.M. Jadhav & Company, AOR Mr. J.P. Cama, Sr. Adv. Mr. Krishan Kumar, AOR Mr. M. Prasad, Adv. Mr. Rajesh Mahale, AOR Mr. Arun Aggarwal, AOR Mr. P. I. Jose, AOR Dr. Lalit Bhasin, Adv. Ms. Nina Gupta, Adv. Mr. Mudit Sharma, Adv. Mr. Parvez A. Khan, Adv. Ms. Palak Chadha, Adv. Mr. P.V. Yogeswaran, AOR Mr. Gaurav Nair, Adv. Mr. Varun Singh, Adv. Mr. Abhisth Kumar, Adv. Mr. Shamik Sanjanwala, Adv. Mr. Kailash Pandey, Adv. Mr. Ranjeet Singh, Adv. Mr. K.V. Sreekumar, Adv. Mr. Manish Pitale, Adv. Ms. Deeplaxmi S. Matwankar, Adv. Mr. C.S. Ashri, Adv. Mr. S. Wasim A. Qadri, Adv. Mr. Jubair Ahmad Khan, Adv. Mr. Zaid Ali, Adv. Mr. Tamim Qadri, Adv.
15 Mr. Saurabh Chopra, Adv. Mr. L.R. Singh, Adv. Mr. Renjith B. Marar, Adv. Ms. Lakshmi N. Kaimal, Adv. Mr. Anas Muhammed Shamnad R., Adv. Ms. Anu Dixit Kaushik, Adv. Mr. Pankaj Kumar Singh, Adv. Mr. Manindra Dubey, Adv. Mr. Satpal Singh, Adv. Ms. Neha Sharma, Adv. Mr. Deeptakirti Verma, AOR. Ms. Jyotika Kalra, Adv. Mr. Gaurav Sharma, Adv. Mr. Prateek Bhatia, Adv. Mr. D. Mohan, Adv. Mr./Ms. Vara Gaur, Adv. Ms. Asha Gopalan Nair, AOR Ms. Sonal Jain, AOR Mr. Anil Kumar Sangal, AOR UPON hearing the counsel the Court made the following O R D E R SLP(C) NO. 28892/2015 The learned counsel for the respondent Bank informs the Court that a letter has been circulated by the petitioners to the Registry seeking leave to withdraw the Special Leave Petition. Learned counsel further submits that the disputes between the Bank and the petitioners have also been settled by payment of dues. In these circumstances, the present Special leave petition has become infructuous and is disposed of as such.
16 I.A. NO.4 IN SLP(C) NO. 32589/2014 Three months' further time is granted to the applicants-petitioners to comply with the order of this Court dated 18 th February, 2015 with regard to deposit of 50% of the dues. C.A. NO.5674/2009, SLP(C) NO. 7694/2015, W.P.(C) NO. 131/2015, SLP(C) NO. 29859/2010, C.A. NO. 5675/2009, C.A. NO. 5681/2009, C.A. NO. 5682/2009, C.A. NO. 5684/2009, SLP(C) NO. 25930/2009, W.P.(C) NO. 318/2010, C.A. NO. 4391/2010, C.A. NO. 7410/2010, SLP(C) NO. 24309/2010, W.P. (C) NO. 41/2011, W.P.(C) NO. 220/2011, W.P.(C) NO. 293/2011, W.P.(C) NO. 306/2011, W.P.(C) NO. 338/2011, W.P. (C) NO. 375/2011, SLP(C) NO. 7295-7298/2011, SLP(C) NO. 22304-22305/2011, SLP(C) NO. 24479-24480/2011, W.P.(C) NO. 122/2012, W.P.(C) NO. 199/2012, W.P.(C) NO. 250/2012, W.P. (C) NO. 291/2012, W.P.(C) NO. 386/2012, W.P.(C) NO. 487/2012, W.P.(C) NO. 537/2012, W.P.(C) NO. 554/2012, SLP(C) NO. 24276/2012, W.P.(C) NO. 36/2013, W.P.(C) NO. 111/2013, W.P.(C) NO. 112/2013, W.P.(C) NO. 138/2013, W.P. (C) NO. 146/2013, W.P.(C) NO. 151/2013, W.P.(C) NO. 175/2013, W.P.(C) NO. 179/2013, W.P.(C) NO. 181/2013, W.P. (C) NO. 191/2013, W.P.(C) NO. 192/2013, W.P.(C) NO. 201/2013, W.P.(C) NO. 233/2013, W.P.(C) NO. 236/2013, W.P. (C) NO. 238/2013, W.P.(C) NO. 248/2013, W.P.(C) NO. 250/2013, W.P.(C) NO. 253/2013, W.P.(C) NO. 264/2013, W.P. (C) NO. 265/2013, W.P.(C) NO. 266/2013, W.P.(C) NO. 270/2013, W.P.(C) NO. 271/2013, W.P.(C) NO. 279/2013, W.P. (C) NO. 280/2013, W.P.(C) NO. 284/2013, W.P.(C) NO. 353/2013, W.P.(C) NO. 452/2013, W.P.(C) NO. 469/2013, W.P. (C) NO. 588/2013, W.P.(C) NO. 753/2013, W.P.(C) NO. 758/2013, W.P.(C) NO. 761/2013, W.P.(C) NO. 762/2013, W.P. (C) NO. 800/2013, W.P.(C) NO. 819/2013, W.P.(C) NO. 877/2013, W.P.(C) NO. 922/2013, W.P.(C) NO. 1007/2013, W.P. (C) NO. 1037/2013, W.P.(C) NO. 1043/2013, W.P.(C) NO. 1044/2013, W.P.(C) NO. 1045/2013, SLP(C) NO. 12916/2013,
17 SLP(C) NO. 15634-15635/2013, SLP(C) NO. 17054/2013, SLP(C) NO. 18775/2013, SLP(C) NO. 18777/2013, SLP(C) NO. 29720/2013, SLP(C) NO. 29721/2013, SLP(C) NO. 35137/2013, W.P.(C) NO. 5/2014, W.P.(C) NO. 10/2014, W.P.(C) NO. 40/2014, W.P.(C) NO. 142/2014, W.P.(C) NO. 168/2014, W.P. (C) NO. 169/2014, W.P.(C) NO. 352/2014, W.P.(C) NO. 408/2014, W.P.(C) NO. 420/2014,W.P.(C) NO. 421/2014, W.P. (C) NO. 492/2014, W.P.(C) NO. 712/2014, W.P.(C) NO. 714/2014, W.P.(C) NO. 754/2014, W.P.(C) NO. 795/2014, W.P. (C) NO. 827/2014, W.P.(C) NO. 838/2014, W.P.(C) NO. 849/2014, W.P.(C) NO. 1020/2014, S.L.P.(C)...CC NO. 7586/2014, SLP(C) NO. 32589/2014, W.P.(C) NO. 26/2015, W.P. (C) NO. 79/2015, W.P.(C) NO. 86/2015, W.P.(C) NO. 264/2015, W.P.(C) NO. 186/2015, SLP(C) NO. 17935/2015, SLP(C) NO. 27645/2015, W.P.(C) NO. 733/2015, W.P.(C) NO. 868/2015, W.P.(C) NO. 858/2015 T he Registry to place the papers before the Hon'ble the Chief Justice of India for being referred to a larger Bench in terms of the signed order. [VINOD LAKHINA] COURT MASTER [ASHA SONI] COURT MASTER [SIGNED ORDER IS PLACED ON THE FILE]
1 IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.5674 OF 2009 PANDURANG GANPATI CHAUGULE ...APPELLANT VERSUS VISHWASRAO PATIL MURGUD SAHAKARI BANK LTD. ...RESPONDENT WITH SLP(C) NO. 7694/2015, W.P.(C) NO. 131/2015, SLP(C) NO. 29859/2010, C.A. NO. 5675/2009, C.A. NO. 5681/2009, C.A. NO. 5682/2009, C.A. NO. 5684/2009, SLP(C) NO. 25930/2009, W.P.(C) NO. 318/2010, C.A. NO. 4391/2010, C.A. NO. 7410/2010, SLP(C) NO. 24309/2010, W.P.(C) NO. 41/2011, W.P.(C) NO. 220/2011, W.P.(C) NO. 293/2011, W.P.(C) NO. 306/2011, W.P.(C) NO. 338/2011, W.P.(C) NO. 375/2011, SLP(C) NO. 7295-7298/2011, SLP(C) NO. 22304-22305/2011, SLP(C) NO. 24479-24480/2011, W.P.(C) NO. 122/2012, W.P.(C) NO. 199/2012, W.P.(C) NO. 250/2012, W.P.(C) NO. 291/2012, W.P.(C) NO. 386/2012, W.P.(C) NO. 487/2012, W.P.(C) NO. 537/2012, W.P.(C) NO. 554/2012, SLP(C) NO. 24276/2012, W.P.(C) NO. 36/2013, W.P.(C) NO. 111/2013, W.P.(C) NO. 112/2013, W.P.(C) NO. 138/2013, W.P.(C) NO. 146/2013, W.P.(C) NO. 151/2013, W.P.(C) NO. 175/2013, W.P.(C) NO. 179/2013, W.P.(C) NO. 181/2013, W.P.(C) NO. 191/2013, W.P.(C) NO. 192/2013, W.P.(C) NO. 201/2013, W.P.(C) NO. 233/2013, W.P.(C) NO. 236/2013, W.P.(C) NO. 238/2013, W.P.(C) NO. 248/2013, W.P.(C) NO. 250/2013, W.P.(C) NO. 253/2013, W.P.(C) NO. 264/2013, W.P.(C) NO. 265/2013, W.P.(C) NO. 266/2013, W.P.(C) NO. 270/2013, W.P.(C) NO. 271/2013, W.P.(C)
2 NO. 279/2013, W.P.(C) NO. 280/2013, W.P.(C) NO. 284/2013, W.P.(C) NO. 353/2013, W.P.(C) NO. 452/2013, W.P.(C) NO. 469/2013, W.P.(C) NO. 588/2013, W.P.(C) NO. 753/2013, W.P.(C) NO. 758/2013, W.P.(C) NO. 761/2013, W.P.(C) NO. 762/2013, W.P.(C) NO. 800/2013, W.P.(C) NO. 819/2013, W.P.(C) NO. 877/2013, W.P.(C) NO. 922/2013, W.P.(C) NO. 1007/2013, W.P. (C) NO. 1037/2013, W.P.(C) NO. 1043/2013, W.P.(C) NO. 1044/2013, W.P.(C) NO. 1045/2013, SLP(C) NO. 12916/2013, SLP(C) NO. 15634-15635/2013, SLP(C) NO. 17054/2013, SLP(C) NO. 18775/2013, SLP(C) NO. 18777/2013, SLP(C) NO. 29720/2013, SLP(C) NO. 29721/2013, SLP(C) NO. 35137/2013, W.P.(C) NO. 5/2014, W.P.(C) NO. 10/2014, W.P.(C) NO. 40/2014, W.P.(C) NO. 142/2014, W.P.(C) NO. 168/2014, W.P.(C) NO. 169/2014, W.P.(C) NO. 352/2014, W.P.(C) NO. 408/2014, W.P.(C) NO. 420/2014,W.P.(C) NO. 421/2014, W.P.(C) NO. 492/2014, W.P.(C) NO. 712/2014, W.P.(C) NO. 714/2014, W.P.(C) NO. 754/2014, W.P.(C) NO. 795/2014, W.P.(C) NO. 827/2014, W.P.(C) NO. 838/2014, W.P.(C) NO. 849/2014, W.P.(C) NO. 1020/2014, S.L.P. (C)...CC NO. 7586/2014, SLP(C) NO. 32589/2014, W.P.(C) NO. 26/2015, W.P.(C) NO. 79/2015, W.P.(C) NO. 86/2015, W.P.(C) NO. 264/2015, W.P.(C) NO. 186/2015, SLP(C) NO. 17935/2015, SLP(C) NO. 27645/2015, W.P. (C) NO. 733/2015, W.P.(C) NO. 868/2015, W.P.(C) NO. 858/2015. ORDER 1. We have read and considered the order dated 30 th July, 2015 referring the matters to a larger Bench in view of
3 conflicting decisions in Greater Bombay Coop. Bank Ltd. vs. United Yarn Tex (P) Ltd. and others [(2007) 6 SCC 236] and the earlier pronouncements of this Court in Delhi Cloth & General Mills Co. Ltd. vs. Union of India [(1983) 4 SCC 1666], T. Velayudhan vs. Union of India [(1993) 2 SCC 582] and Union of India vs. Delhi High Court Bar Association [(2002) 4 SCC 275]. 2. The basis on which the decisions, referred to above, have been reached by the respective Benches relate to the scope of the legislative fields covered by Entry 45 of List I and Entry 32 of List II of the Seventh Schedule which question undoubtedly touches upon the issue in hand, namely, the applicability of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act , 2002 ( SARFASI Act) to Cooperative
4 Societies/Banks. As the decisions in conflict are of coordinate Benches (three judges' Bench) the reference, in our considered view, ought to have been made to a larger Bench. We, therefore, direct the Registry to place the papers before the Hon'ble the Chief Justice of India for being referred to a larger Bench. ....................,J. (RANJAN GOGOI) ...................,J. (ARUN MISHRA) ...................,J. (PRAFULLA C. PANT) NEW DELHI FEBRUARY 26, 2016
LISTED ON :26.02.2016 BEFORE COURT NO.:07 ITEM NO.:301 SECTIONIX IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION PETITIONS FOR SPECIAL LEAVE TO APPEAL (CIVIL) NOS. 18775, 18777, 29720, 29721 AND 35137 OF 2013 WITH INTERLOCUTORY APPLICATION NO. 2 (Application for recalling/modification of Order dated 18.02.2015 in SLP (C) No. 35137 of 2013) GUJARAT STATE COOPERATIVE BANK LTD. ETC. ETC. ...PETITIONERS VERSUS AMRUTBHAI HARJIBHAI PATEL & ORS. ETC. ETC. ..RESPONDENTS OFFICE REPORT SLP (C) NOS. 18755 AND 18777 OF 2013 The matters above mentioned were listed before the Hon'ble Court on 10 th May, 2013 when the Court was pleased to pass the following Order: " Permission to file Special Leave Petitions is granted. Issue notice. Let the matters be heard along with C.A.No.5680 of 2009. In the meantime, the parties are directed to maintain status quo with regard to the properties forming the subject-matter of the proceedings under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (the SARFAESI Act) . " It is submitted for the information of the Hon'ble Court that pursuant to aforementioned order, show cause notice was issued to all the six common respondents in both the matters. A. D. cards duly signed have been received back from respondent Nos. 4 to 6 but no one has filed vakalatnama. Neither A. D. card nor unserved covers have been received back from respoondent Nos. 1 to 3. Service of notice is not complete on respondent Nos. 1 to 3. SLP (C) NOS. 29720 AND 29721 OF 2013 The matters above mentioned were listed before the Hon'ble Court on 13 th September, 2013 when the Court was pleased to pass the following Order: "Delay condoned. Issue notice. Let the matters be heard along with C.A. No. 5680 of 2009. ..2/- 2
In the meantime, the parties are directed to maintain status quo with regard to the properties forming the subject matter of the proceedings under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (the SARFAESI Act). " SLP (C) NO. 29720 OF 2013 It is submitted that pursuant to aforesaid order, notice was issued to all the three respondents. A. D. cards duly signed have been received back from them but no one has entered appearance on their behalf so far. Service of notice is complete. SLP (C) NO. 29721 OF 2013 It is submitted that there are seven respondents. Respondent No. 3 is represented through Mr. Chirag M. Shroff, Advocate. A. D. card duly signed have been received back from respondent Nos. 2, 4 and 7 but no one has entered appearance on their behalf. Neither A. D. card nor unserved covers have been received back from respondent Nos. 1, 5 and 6. Service of notice is not complete on respondent Nos. 1, 5 and 6. SLP (C) NO. 35137 OF 2013 The matter above mentioned was listed before the Hon'ble Court on 11 th November, 2013 when the Court was pleased to pass the following Order: "Permission to file the special leave petition is granted. Issue notice. Let this matter be heard along with Civil Appeal No. 5680 of 2009. In the meantime, the parties are directed to maintain status quo with regard to the properties forming the subject-matter of the proceedings under the provisions of the Securitisation and Reconstructions of Financial Assets and Enforcement of Security Interest Act, 2002 (the SARFAESI Act). " It is submitted for the information of the Hon'ble Court that there are four respondents. The counsel for the petitioner has not filed process fee and spare copies so far, hence notice could not be issued till date. It is further submitted that counsel for the petitioner has filed an application for recall/modification of Order dated 18.02.2015 passed in SLP (C) No. 35137 of 2013 which is registered as I.A. No. 2 and is being circulated before the Hon'ble Court (Copy ..3/ 3
of the order dated 18.02.2015 is included as Annexure B at page Nos. 740 in the paperbooks). The matters above mentioned alongwith main and connected matters were listed before the Hon'ble Court on 30 th July, 2015 when the Court was pleased to interalia pass the following Order: ".....We, therefore, refer the matters to a larger Bench. The Registry is directed to place the matters before Hon'ble The Chief Justice of India so that the issues, as abovesaid, may be considered and decided by a larger Bench. " The matters abovementioned are listed before the Hon'ble Court with this report. Dated this the 24th day of February, 2016. ASSISTANT REGISTRAR Copy to: Ms. Garima Prasad, Advocate Mr. Chirag M. Shroff, Advocate M/s. Temple Law Firm, Advocates Mr. E. C. Agrawala, Advocate L ASSISTANT REGISTRAR
LISTED ON: BEFORE COURT NO.: ITEM NO.: SECTION – IX IN THE SUPREME COURT OF INDIA CIVIL APPEALATTE JURISDICTION CIVIL APPEAL Nos. 5674, 5675, 5681, 5682, 5684 of 2009 WITH CIVIL APPEAL NOS. 7410 OF 2010 PANDURANG GANPATI CHAUGULE ...APPELLANT VERSUS VISHWASRAO PATIL MURGUD SAHAKARI BANK L. ...RESPONDENT OFFICE REPORT The main matter i.e. Civil Appeal No. 5674 of 2009 alongwith connected matters were listed before the Hon'ble Court on 30.07.2015 when the Court was pleased to interalia pass the following order: “........................................... ….......................................... We, therefore, refer the matters to a larger Bench. The Registry is directed to place the matters before Hon'ble The Chief Justice of India so that the issues, as abovesaid, may be considered and decided by a larger Bench. ” Service position is as follows: CIVIL APPEAL NO. 5674 OF 2009 It is submitted that the sole respondent is represented through Ms. Abha R. Sharma, Advocate. Service is complete. Counsel for both the parties have not filed statement of case. CIVIL APPEAL NO. 5675 OF 2009 It is submitted that there are three respondents in this appeal. Respondent Nos. 1,
2 and 3 are represented through Ms. Sushma Suri, Mr. C.S. Ashri and Mr. H.S Parihar, Advocates respectively. Service is complete. Counsel for both the parties have not filed statement of case. ..2/ 2 CIVIL APPEAL NO. 5681 OF 2009 It is submitted that the sole respondent is represented through Mr. Uday B. Dube, Advocate respectively. Service is complete. Counsel for the appellant has filed statement of case but counsel for the respondent has not filed statement of case so far. CIVIL APPEAL NO. 5682 OF 2009 It is submitted that the sole respondent has been served with the notice at the SLP stage but no one has chosen to appear on behalf of him. Service is complete. Counsel for the appellants has not filed statement of case. CIVIL APPEAL NO. 5684 OF 2009 It is submitted that there are four respondents in this appeal. Respondent No. 1 is represented by Mr. R.P. Goyal, Advocate and service of notice in respect of Respondent Nos. 2 to 4 is dispensed with vide this Court Order dated 9 th January, 2009. Service is complete. Counsel for both the parties have not filed statement of case. CIVIL APPEAL NO. 7410 OF 2010 There are four respondents in this matter. All the respondents have been served with the notice of lodgment of petition of appeal through High Court, but no one has entered Vakalat/Appearance on their behalf so far
The Counsel for the appellant has not filed statement of case so far. Service is complete. The matters above mentioned are listed before the Hon'ble Court with this office report. Dated this the 24 th day of February, 2016. ASSISTANT REGISTRAR Copy to: Mr. A.S. Desai, Advocate Mr. Sudhanshu S. Choudhari, Advocate Mr. H.S. Parihar, Advocate Mr. A.P. Mayee, Advocate Ms. Abha R. Sharma, Advocate Mr. Rameshwar Prasad Goyal, Advocate Mr. Uday B. Dude, Advocate Mr. N.R. Rao, Advocate Mr.Gaurav Agrawal, Advocate Mr. Nikhil Nayyar, Advocate Mr. C.S. Ashri, Advocate Ms. Sushma Suri, Advocate Mr. Sunil Kumar Verma, Advocate Mr. Chandana Ramamurthi, Advocate Mr. Vimal Chandra S. Dave, Advocate ASSISTANT REGISTRAR am
LISTED ON :26.02.2016 BEFORE COURT NO.: 07 ITEM NO.: 301 SECTIONIX IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION PETITION FOR SPECIAL LEAVE TO APPEAL (CIVIL) NO. 27645 OF 2015 WITH PRAYER FOR INTERIM RELIEF M/S. NEEL OIL INDUSTRIES ....PETITIONERS VERSUS UNION OF INDIA AND ORS. ...RESPONDENTS OFFICE REPORT The matter above mentioned was listed before the Hon'ble Court on 01 st October, 2015, when the Court was pleased to pass the following Order: "Issue notice. Tag with Civil Appeal No. 5674 of 2009 and connected matters.” Acc ordingly, show cause notice was issued to all the six respondents through registered A.D. post. M/s. S.M. Jadhav & Co., Advocates have filed vakalatnama/appearance and counter affidavit on behalf of respondent No.2 and the same is being circulated before the Hon'ble Court. A.D. cards have been received back in respect of respondent Nos. 3 to 6. Neither A.D. card nor unserved cover has been received in respect of respondent No. 1 so far. Service of notice is not complete on respondent No.1. The matter above mentioned is listed before the Hon'ble Court with this report. Dated this the 25 th day of February, 2016. ASSISTANT REGISTRAR Copy to: Mr. Nikhil Goel, Advocate M/s. S.M. Jadhav & Co., Advocates ASSISTANT REGISTRAR ap
Listed on : 26.02.2016 Before Court No. 7 Item No. 301 SECTION:XIV IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION PETITION FOR SPECIAL LEAVE TO APPEAL (C) No. 32589/2014 WITH PRAYER FOR INTERIM RELIEF AND INTERLOCUTORY APPLICATION NO. 4 (Application fr extension of time for compliance of order dated 18.02.2015) M/s Dev Memorial Edu. Trust and Anr. ... Petitioners Versus Union Of India & Ors. ...Respondents OFFICE REPORT The matter above mentioned alongwith connected matters were listed before the Hon'ble Court on 30.07.2015, when the court was pleased to pass the following order:- “ Rest of the matters: Application of SARAFESI Act to Cooperative Banks is the issue which arises for consideration in these cases xxxxxx a larger Bench.” (Copy of order enclosed.) It is submitted that counsel for the petitioner has on 20.02.2016 filed an application for extension for time till 01.06.2016 to comply order dated 18.02.2015 (registered as I.A. No. 4) and the same is being circulated herewith. Service is not complete on Respondent Nos. 1 and 2. The matter alongwith application above mentioned is listed before the Hon'ble Court with this Office Report. DATED THIS THE 24 th DAY OF FEBRUARY, 2016. ASSISTANT REGISTRAR COPY TO: 1. Mr. Ajay Kumar Singh, Adv. Ch. No. 2. Mr. Anil Nag, Adv. 3. Mr. Gaurav Sharma, Adv. ASSISTANT REGISTRAR p-2/Avi
LISTED ON : 26.02.2016 BEFORE COURT NO.:07 ITEM NO.: 301 SECTIONIX IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION PETITION FOR SPECIAL LEAVE TO APPEAL(CIVIL) NO. 7694 OF 2015 WITH PRAYER FOR INTERIM RELIEF WITH INTELOCUTORY APPLICATION NO. 1 (Application for exemption from filing certified copy of impugned Order) RAJKOT NAGRIK SA HAKARI BANK LTD. .....PETITIONER VERSUS SMT. MUKTABE N JAYSUKHLAL PATIRA & ANR. ...RESPONDENTS OFFICE REPORT The matter above mentioned was listed before the Hon'ble Court on 20 th March, 2015 when the Court was pleased to pass the following Order : “Issue notice. Mr. Anup Jain, learned counsel, accepts notice for Respondent No. 1. Tag with SLP (C).....CC 10243 of 2013. In the meantime, the property in question shall not be disposed of . On an oral request made by the learned counsel for the petitioner, Respondent No. 2, who is a proforma party, be deleted from the array of parties at the risk of the petitioner." It is submitted for the information of the Hon'ble Court that there are two respondents in the instant matter and Respondent No. 1 is represented through Mr. Anup Jain, Advocate but he has not filed counter affidavit so far. Respondent No. 2 has been deleted from the array of parties vide this Court's order dated 20.03.2015 and Cause title has been amended accordingly. Service of notice is complete. The matter above mentioned is listed before the Hon'ble Court with this report. Dated this the 25th day of February, 2016. ASSISTANT REGISTRAR Copy to: 1. Mr. Subramonium Prasad, Advocate 2. Mr. Anup Jain, Advocate L ASSISTANT REGISTRAR
\224º 1 ITEM NO.301 COURT NO.7 SECTION IX/X/IV-A/ XIV/XI-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS CIVIL APPEAL NO. 5674/2009 PANDURANG GANPATI CHAUGULE APPELLANT(S) VERSUS VISHWASRAO PATIL MURGUD SAHAKARI BANK L. RESPONDENT(S) (WITH INTERIM RELIEF AND OFFICE REPORT) WITH SLP(C) NO. 7694/2015 (WITH INTERIM RELIEF AND OFFICE REPORT) W.P.(C) NO. 131/2015 (WITH APPLN.(S) FOR STAY AND OFFICE REPORT) SLP(C) NO. 29859/2010 (WITH INTERIM RELIEF AND OFFICE REPORT) C.A. NO. 5675/2009 (WITH INTERIM RELIEF AND OFFICE REPORT) C.A. NO. 5681/2009 (WITH OFFICE REPORT) C.A. NO. 5682/2009 (WITH INTERIM RELIEF AND OFFICE REPORT) C.A. NO. 5684/2009 (WITH INTERIM RELIEF) SLP(C) NO. 25930/2009 (WITH INTERIM RELIEF AND OFFICE REPORT) W.P.(C) NO. 318/2010 (WITH OFFICE REPORT) C.A. NO. 4391/2010 (WITH OFFICE REPORT) C.A. NO. 7410/2010Signature Not VerifiedDigitally signed byVINOD LAKHINADate: 2016.03.11 SLP(C) NO. 24309/201016:30:09 ISTReason: 2W.P.(C) NO. 41/2011(WITH APPLN.(S) FOR VACATING STAY AND OFFICE REPORT)W.P.(C) NO. 220/2011(WITH OFFICE REPORT)
W.P.(C) NO. 293/2011(WITH APPLN.(S) FOR DIRECTIONS AND OFFICE REPORT)W.P.(C) NO. 306/2011(WITH APPLN.(S) FOR DIRECTIONS AND OFFICE REPORT)W.P.(C) NO. 338/2011(WITH OFFICE REPORT)W.P.(C) NO. 375/2011(WITH OFFICE REPORT)SLP(C) NO. 7295-7298/2011(WITH OFFICE REPORT)SLP(C) NO. 22304-22305/2011(WITH OFFICE REPORT)SLP(C) NO. 24479-24480/2011(WITH INTERIM RELIEF AND OFFICE REPORT)W.P.(C) NO. 122/2012(WITH APPLN.(S) FOR VACATING STAY AND OFFICE REPORT)W.P.(C) NO. 199/2012(WITH OFFICE REPORT)W.P.(C) NO. 250/2012(WITH OFFICE REPORT)W.P.(C) NO. 291/2012(WITH OFFICE REPORT)W.P.(C) NO. 386/2012(WITH APPLN.(S) FOR DIRECTIONS AND OFFICE REPORT)W.P.(C) NO. 487/2012(WITH OFFICE REPORT)W.P.(C) NO. 537/2012 3(WITH OFFICE REPORT)W.P.(C) NO. 554/2012(WITH APPLN.(S) FOR DIRECTIONS AND OFFICE REPORT)SLP(C) NO. 24276/2012(WITH INTERIM RELIEF AND OFFICE REPORT)W.P.(C) NO. 36/2013(WITH OFFICE REPORT)W.P.(C) NO. 111/2013(WITH APPLN.(S) FOR DIRECTIONS AND MODIFICATION OF COURT'S ORDERAND OFFICE REPORT)W.P.(C) NO. 112/2013(WITH APPLN.(S) FOR DIRECTIONS AND MODIFICATION OF COURT'S ORDERAND OFFICE REPORT)W.P.(C) NO. 138/2013(WITH OFFICE REPORT)W.P.(C) NO. 146/2013(WITH OFFICE REPORT)W.P.(C) NO. 151/2013
(WITH OFFICE REPORT)W.P.(C) NO. 175/2013(WITH OFFICE REPORT)W.P.(C) NO. 179/2013(WITH OFFICE REPORT)W.P.(C) NO. 181/2013(WITH OFFICE REPORT)W.P.(C) NO. 191/2013(WITH APPLN.(S) FOR DIRECTIONS AND VACATION OF EX-PARTE STAY ANDOFFICE REPORT)W.P.(C) NO. 192/2013(WITH APPLN.(S) FOR DIRECTIONS AND OFFICE REPORT)W.P.(C) NO. 201/2013(WITH OFFICE REPORT)W.P.(C) NO. 233/2013 4(WITH OFFICE REPORT)W.P.(C) NO. 236/2013(WITH OFFICE REPORT)W.P.(C) NO. 238/2013(WITH OFFICE REPORT)W.P.(C) NO. 248/2013(WITH OFFICE REPORT)W.P.(C) NO. 250/2013(WITH OFFICE REPORT)W.P.(C) NO. 253/2013(WITH APPLN.(S) FOR VACATING STAY AND OFFICE REPORT)W.P.(C) NO. 264/2013(WITH OFFICE REPORT)W.P.(C) NO. 265/2013(WITH APPLN.(S) FOR DIRECTIONS AND OFFICE REPORT)W.P.(C) NO. 266/2013(WITH OFFICE REPORT)W.P.(C) NO. 270/2013(WITH APPLN.(S) FOR DIRECTIONS AND OFFICE REPORT)W.P.(C) NO. 271/2013(WITH APPLN.(S) FOR DIRECTIONS AND OFFICE REPORT)W.P.(C) NO. 279/2013(WITH OFFICE REPORT)W.P.(C) NO. 280/2013(WITH OFFICE REPORT)W.P.(C) NO. 284/2013(WITH OFFICE REPORT)W.P.(C) NO. 353/2013(WITH OFFICE REPORT)
W.P.(C) NO. 452/2013(WITH OFFICE REPORT) 5W.P.(C) NO. 469/2013(WITH OFFICE REPORT)W.P.(C) NO. 588/2013(WITH APPLN.(S) FOR MODIFICATION OF COURT'S ORDER AND OFFICEREPORT)W.P.(C) NO. 753/2013(WITH OFFICE REPORT)W.P.(C) NO. 758/2013(WITH OFFICE REPORT)W.P.(C) NO. 761/2013(WITH OFFICE REPORT)W.P.(C) NO. 762/2013(WITH OFFICE REPORT)W.P.(C) NO. 800/2013(WITH OFFICE REPORT)W.P.(C) NO. 819/2013(WITH OFFICE REPORT)W.P.(C) NO. 877/2013(WITH OFFICE REPORT)W.P.(C) NO. 922/2013(WITH OFFICE REPORT)W.P.(C) NO. 1007/2013(WITH OFFICE REPORT)W.P.(C) NO. 1037/2013(WITH APPLN.(S) FOR STAY AND DISMISSAL OF WRIT PETITION AND OFFICEREPORT)W.P.(C) NO. 1043/2013(WITH OFFICE REPORT)W.P.(C) NO. 1044/2013(WITH OFFICE REPORT)W.P.(C) NO. 1045/2013(WITH OFFICE REPORT) 6SLP(C) NO. 12916/2013(WITH INTERIM RELIEF AND OFFICE REPORT)SLP(C) NO. 15634-15635/2013(WITH OFFICE REPORT)SLP(C) NO. 17054/2013(WITH INTERIM RELIEF AND OFFICE REPORT)SLP(C) NO. 18775/2013(WITH INTERIM RELIEF AND OFFICE REPORT)SLP(C) NO. 18777/2013(WITH INTERIM RELIEF AND OFFICE REPORT)
SLP(C) NO. 29720/2013(WITH OFFICE REPORT)SLP(C) NO. 29721/2013(WITH OFFICE REPORT)SLP(C) NO. 35137/2013(WITH APPLN.(S) FOR MODIFICATION/RECALLING OF COURT'S ORDER ANDINTERIM RELIEF AND OFFICE REPORT)W.P.(C) NO. 5/2014(WITH OFFICE REPORT)W.P.(C) NO. 10/2014(WITH OFFICE REPORT)W.P.(C) NO. 40/2014(WITH OFFICE REPORT)W.P.(C) NO. 142/2014(WITH OFFICE REPORT)W.P.(C) NO. 168/2014(WITH APPLN.(S) FOR VACATING STAY AND OFFICE REPORT)W.P.(C) NO. 169/2014(WITH APPLN.(S) FOR VACATING STAY AND OFFICE REPORT)W.P.(C) NO. 352/2014(WITH APPLN.(S) FOR DIRECTIONS AND OFFICE REPORT)W.P.(C) NO. 408/2014(WITH OFFICE REPORT) 7W.P.(C) NO. 420/2014(WITH OFFICE REPORT)W.P.(C) NO. 421/2014(WITH APPLN.(S) FOR STAY AND VACATING STAY AND OFFICE REPORT)W.P.(C) NO. 492/2014(WITH OFFICE REPORT)W.P.(C) NO. 712/2014(WITH APPLN.(S) FOR VACATING STAY AND MODIFICATION OF COURT'S ORDERAND OFFICE REPORT)W.P.(C) NO. 714/2014(WITH APPLN.(S) FOR VACATING STAY AND OFFICE REPORT)W.P.(C) NO. 754/2014(WITH OFFICE REPORT)W.P.(C) NO. 795/2014(WITH OFFICE REPORT)W.P.(C) NO. 827/2014(WITH OFFICE REPORT)W.P.(C) NO. 838/2014(WITH APPLN.(S) FOR VACATING INTERIM ORDER AND OFFICE REPORT)W.P.(C) NO. 849/2014(WITH APPLN.(S) FOR VACATING INTERIM ORDER AND OFFICE REPORT)W.P.(C) NO. 1020/2014
(WITH OFFICE REPORT)S.L.P.(C)...CC NO. 7586/2014(WITH APPLN.(S) FOR C/DELAY IN FILING SLP AND OFFICE REPORT)SLP(C) NO. 32589/2014(WITH APPLN.(S) FOR EXTENSION OF TIME AND OFFICE REPORT)W.P.(C) NO. 26/2015(WITH APPLN.(S) FOR MODIFICATION AND OFFICE REPORT)W.P.(C) NO. 79/2015(WITH APPLN.(S) FOR EXTENSION OF TIME AND OFFICE REPORT) 8W.P.(C) NO. 86/2015(WITH APPLN.(S) FOR DIRECTIONS AND OFFICE REPORT)W.P.(C) NO. 264/2015(WITH APPLN.(S) FOR RECALLING THE COURT'S ORDER AND OFFICE REPORT)W.P.(C) NO. 186/2015(WITH OFFICE REPORT)SLP(C) NO. 17935/2015(WITH OFFICE REPORT)SLP(C) NO. 27645/2015(WITH INTERIM RELIEF AND OFFICE REPORT)W.P.(C) NO. 733/2015(WITH APPLN.(S) FOR STAY AND OFFICE REPORT)SLP(C) NO. 28892/2015(WITH INTERIM RELIEF AND OFFICE REPORT)W.P.(C) NO. 868/2015(WITH APPLN.(S) FOR STAY AND OFFICE REPORT)W.P.(C) NO. 858/2015(WITH APPLN.(S) FOR STAY AND OFFICE REPORT)Date : 26/02/2016 These cases were called on for hearing today.CORAM : HON'BLE MR. JUSTICE RANJAN GOGOI HON'BLE MR. JUSTICE ARUN MISHRA HON'BLE MR. JUSTICE PRAFULLA C. PANTFor parties (s) Mr. Devansh A. Mohta, Adv. Mr. Shishir Deshpande, Adv. Mr. Amit Yadav, Adv. Ms. Sujata Kurdukar, Adv. Mr. Arun Aggarwal, Adv. Mr. Taranjeet Singh, Adv. Mr. Gaurav Agrawal, AOR Mr. P.S. Narasimha, ASG Mr. Yashank Adhyari, Sr. Adv. Ms. Kiran Bhardwaj, Adv. Ms. Sunita Sharma, Adv. Mr. B.K. Prasad, Adv. Ms. Sushma Suri, Adv. 9
Mr. Subramonium Prasad, Sr. Adv.Mr. Abhay Kumar, AORMr. Ashmeet Singh, Adv.Mr. Yadav Narender Singh, AORMr. Chirag M. Shroff, AORMr. Nikhil Nayyar, AORMr. Akash Kakade, Adv.Mr. Satyajit Desai, Adv.Ms. Anagha S. Desai, AORMs. Chandan Ramamurthi, AORMs. Vanshaja Shukla, AORMr. R.N. Dhorde, Sr. Adv.Mr. M.Y. Deshmukh, Adv.Mr. Onkar Nath, Adv.Mr. Saurabh Tuteja, Adv.Mr. Rameshwar Prasad Goyal, AORMr. Renjith. B, AORMr. Arvind Kumar, Adv.Mr. Purti, Adv.Mr. Chinban Chouhan, Adv.Mr. Ganesh D. Gurnule, Adv.Mr. A. Venayagam Balan, AORMr. Pradhuman Gohil, Adv.Mrs. Taruna Singh Gohil, Adv.Mr. Himanshu Charubey, Adv.Ms. Charu Mathur, AORMr. Satpal Singh, AORMr. Vijay Kumar, AOR 10Mr. S. Sadasiva Reddy, Adv.Mr. Mathews J. Nedumpara, Adv.Mr. A.C. Philip, Adv.Mr./Ms. Anjan Sinha, Adv.Mrs.S. Usha Reddy, AORMs. Pooja Sharma, Adv.Mr. A.V. Manavalam. Adv.Mr. H. Chandra Sekhar, AORMr. Nikhil Goel, AORMs. Naveen Goel, Adv.Mr. Marsook Bafaki, Adv.Mr. Bankey Bihari Sharma, AORMr. Lakshmi Raman Singh, AORMr. Vikas Mehta, AORMs. Sujata Kurdukar, AORMr. Sarad Kumar Singhania, AORMr. Harish Pandey, AOR
Mr. N. Ganpathy, AORMr. Amar Dave, Adv.Mr. P. S. Sudheer, AORMr. Rishi Maheshwari, Adv.Ms. Shruti Jose, Adv.Mr. R.N. Singh, Adv.Mr. Rajiv Kumar, Adv.Ms. Kusum Chaudhary, AORMr. Amol Chitale, Adv.Ms. Pragya Baghel, AORMs. Samten Doma, Adv.Mr. M. Khairati, Adv.Mr. Irshad Ahmad, AORMr. M. J. Paul, AOR 11Mr. Garvesh Kabra, AORMr. Anirudh Sanganeria, Adv.Mr. Mukul Kumar, AORMr. S.K. Kulkarni, Adv.Mr. M. Gireesh Kumar, Adv.Mr. Shubham Jaiswal, Adv.Mr. Ankur S. Kulkarni, AORMr. E. C. Agrawala, AORMr. Vikrant Pachnanda, Adv.Ms. Devika Mohan, Adv.Mr. Mahesh Agrawala, Adv.Mr. P.B. Suresh, Adv.Mr. Udayaditya Banerjee, Adv.For M/s. Temple Law Firm, AORMr. Gaurav Goel, Adv.Ms. Garima Prashad, AORMr. Shishir Deshpande, AORMs. Rakhi Ray, AORMr. Atul Babasaheb Dakh, AORMr. Santosh Krishnan, AORMr. Vineet Bhagat, AORMr. R. Shrivastav, Adv.Mr. K. Krishna Kumar, AORMr. Mathews J. Nedumpara, Adv.Mr. A.C. Philip, Adv.Mr./Ms. Anjan Sinha, Adv.Mr. Rabin Majumder, AOR 12Mr. B.B. Sawhney, Sr. Adv.
Mr. Yashank Adhyaru, Sr. Adv.Mr. T.R. Razdan, Adv.Ms. Sadhna Sandhu, Adv.Mr. Aditiya Shandiliya, Adv.Mr. R.K. Verma, Adv.Ms. Sushma Suri, AORMr. Anup Jain, AORMr. Ahishek Baid, Adv.Mr. Amol Nirmalkumar Suryawanshi, AORMr. Mathews J. Nedumpara, Adv.Mr. A.C. Philip, Adv.Mr./Ms. Anjan Sinha, Adv.Ms. E. R. Sumathy, AORMr. Vinay Navare, Adv.Ms. Abha R. Sharma, AORMr. Debmalya Banerjee, Adv.Mr. Jasmeet Singh, Adv.Mr. A.S. Aman, Adv.Mr. Manish Sharma, Adv.Mrs. Manik Karanjawala, Adv.For M/s. Karanjawala & Co., AORMr. Aniruddha P. Mayee, AORMr. S.S. Panesar, Adv.Mr. Selvin Raja, Adv.Mr. Jaideep Gupta, Sr. Adv.Mr. Kuldeep S. Parihar, Adv.Mr. H. S. Parihar, AORMr. Uday B. Dube, AORMs. Vibha Datta Makhija, Sr. Adv.Ms. Rashmi Singhania, Adv.Mr. Praveen Chaturvedi, AOR 13Mr. Pratap Venugopal, Adv.Ms. Surekha Raman, Adv.Mr. Purushottam Kumar Jha, Adv.Ms. Niharika, Adv.Mr. Anuj Sarma, Adv.For M/s. K. J. John & Co., AORMr. M. T. George, AORMr. Shreekant N. Terdal, AORMs. Praveena Gautam, AORMr. Deepak Tyagi, Adv.Ms. Pusshp Gupta, Adv.Mr. Shivaji M. Jadhav, AORMs. Rajani K. Prasad, Adv.Ms. N. Annapoorani, AORMr. Anil Kumar Mishra, AORMr. D. M. Nargolkar, AOR
Mr. Piyush Sharma, AORMr. D. Bharat Kumar, Adv.Mr. Abhijit Sengupta, AORMr. B. Subrahmanya Prasad, AORMr. Arjun Krishnan, AORMr. Ankur Singh, Adv.Mr. Suresh Datt Dobhal, Adv.Mr. Ankur Prakash, AORMr. V. N. Raghupathy, AORMr. Siddhesh Kotwal, Adv.Mr. Raghunatha Sethupathy, Adv.Mr. Nirnimesh Dube, AORMr. Pravin Satale, Adv.Mr. Rajiv Shankar Dvivedi, AOR 14Ms. Hemantika Wahi, AORMs. Jesal Wahi, Adv.Mr. S. N. Bhat, AORMr. Rajeev K. Panday, Adv.Mr. Rajeev Maheshwaranand Roy, AORMs. Anuradha Mutatkar, AORMr. S.M. Jadhav, Adv.Mr. Darpan Bhuyan, Adv.for M/s. S.M. Jadhav & Company, AORMr. J.P. Cama, Sr. Adv.Mr. Krishan Kumar, AORMr. M. Prasad, Adv.Mr. Rajesh Mahale, AORMr. Arun Aggarwal, AORMr. P. I. Jose, AORDr. Lalit Bhasin, Adv.Ms. Nina Gupta, Adv.Mr. Mudit Sharma, Adv.Mr. Parvez A. Khan, Adv.Ms. Palak Chadha, Adv.Mr. P.V. Yogeswaran, AORMr. Gaurav Nair, Adv.Mr. Varun Singh, Adv.Mr. Abhisth Kumar, Adv.Mr. Shamik Sanjanwala, Adv.Mr. Kailash Pandey, Adv.Mr. Ranjeet Singh, Adv.Mr. K.V. Sreekumar, Adv.Mr. Manish Pitale, Adv.Ms. Deeplaxmi S. Matwankar, Adv.Mr. C.S. Ashri, Adv.Mr. S. Wasim A. Qadri, Adv.
Mr. Jubair Ahmad Khan, Adv.Mr. Zaid Ali, Adv.Mr. Tamim Qadri, Adv. 15 Mr. Saurabh Chopra, Adv. Mr. L.R. Singh, Adv. Mr. Renjith B. Marar, Adv. Ms. Lakshmi N. Kaimal, Adv. Mr. Anas Muhammed Shamnad R., Adv. Ms. Anu Dixit Kaushik, Adv. Mr. Pankaj Kumar Singh, Adv. Mr. Manindra Dubey, Adv. Mr. Satpal Singh, Adv. Ms. Neha Sharma, Adv. Mr. Deeptakirti Verma, AOR. Ms. Jyotika Kalra, Adv. Mr. Gaurav Sharma, Adv. Mr. Prateek Bhatia, Adv. Mr. D. Mohan, Adv. Mr./Ms. Vara Gaur, Adv. Ms. Asha Gopalan Nair, AOR Ms. Sonal Jain, AOR Mr. Anil Kumar Sangal, AOR UPON hearing the counsel the Court made the following O R D E RSLP(C) NO. 28892/2015 The learned counsel for the respondent Bank informsthe Court that a letter has been circulated by thepetitioners to the Registry seeking leave to withdraw theSpecial Leave Petition. Learned counsel further submitsthat the disputes between the Bank and the petitioners havealso been settled by payment of dues. In thesecircumstances, the present Special leave petition hasbecome infructuous and is disposed of as such. 16I.A. NO.4 IN SLP(C) NO. 32589/2014 Three months' further time is granted to theapplicants-petitioners to comply with the order of thisCourt dated 18th February, 2015 with regard to deposit of50% of the dues.
C.A. NO.5674/2009, SLP(C) NO. 7694/2015, W.P.(C) NO.131/2015, SLP(C) NO. 29859/2010, C.A. NO. 5675/2009, C.A.NO. 5681/2009, C.A. NO. 5682/2009, C.A. NO. 5684/2009,SLP(C) NO. 25930/2009, W.P.(C) NO. 318/2010, C.A. NO.4391/2010, C.A. NO. 7410/2010, SLP(C) NO. 24309/2010, W.P.(C) NO. 41/2011, W.P.(C) NO. 220/2011, W.P.(C) NO.293/2011, W.P.(C) NO. 306/2011, W.P.(C) NO. 338/2011, W.P.(C) NO. 375/2011, SLP(C) NO. 7295-7298/2011, SLP(C) NO.22304-22305/2011, SLP(C) NO. 24479-24480/2011, W.P.(C) NO.122/2012, W.P.(C) NO. 199/2012, W.P.(C) NO. 250/2012, W.P.(C) NO. 291/2012, W.P.(C) NO. 386/2012, W.P.(C) NO.487/2012, W.P.(C) NO. 537/2012, W.P.(C) NO. 554/2012,SLP(C) NO. 24276/2012, W.P.(C) NO. 36/2013, W.P.(C) NO.111/2013, W.P.(C) NO. 112/2013, W.P.(C) NO. 138/2013, W.P.(C) NO. 146/2013, W.P.(C) NO. 151/2013, W.P.(C) NO.175/2013, W.P.(C) NO. 179/2013, W.P.(C) NO. 181/2013, W.P.(C) NO. 191/2013, W.P.(C) NO. 192/2013, W.P.(C) NO.201/2013, W.P.(C) NO. 233/2013, W.P.(C) NO. 236/2013, W.P.(C) NO. 238/2013, W.P.(C) NO. 248/2013, W.P.(C) NO.250/2013, W.P.(C) NO. 253/2013, W.P.(C) NO. 264/2013, W.P.(C) NO. 265/2013, W.P.(C) NO. 266/2013, W.P.(C) NO.270/2013, W.P.(C) NO. 271/2013, W.P.(C) NO. 279/2013, W.P.(C) NO. 280/2013, W.P.(C) NO. 284/2013, W.P.(C) NO.353/2013, W.P.(C) NO. 452/2013, W.P.(C) NO. 469/2013, W.P.(C) NO. 588/2013, W.P.(C) NO. 753/2013, W.P.(C) NO.758/2013, W.P.(C) NO. 761/2013, W.P.(C) NO. 762/2013, W.P.(C) NO. 800/2013, W.P.(C) NO. 819/2013, W.P.(C) NO.877/2013, W.P.(C) NO. 922/2013, W.P.(C) NO. 1007/2013, W.P.(C) NO. 1037/2013, W.P.(C) NO. 1043/2013, W.P.(C) NO.1044/2013, W.P.(C) NO. 1045/2013, SLP(C) NO. 12916/2013, 17SLP(C) NO. 15634-15635/2013, SLP(C) NO. 17054/2013, SLP(C)NO. 18775/2013, SLP(C) NO. 18777/2013, SLP(C) NO.29720/2013, SLP(C) NO. 29721/2013, SLP(C) NO. 35137/2013,W.P.(C) NO. 5/2014, W.P.(C) NO. 10/2014, W.P.(C) NO.40/2014, W.P.(C) NO. 142/2014, W.P.(C) NO. 168/2014, W.P.(C) NO. 169/2014, W.P.(C) NO. 352/2014, W.P.(C) NO.408/2014, W.P.(C) NO. 420/2014,W.P.(C) NO. 421/2014, W.P.(C) NO. 492/2014, W.P.(C) NO. 712/2014, W.P.(C) NO.714/2014, W.P.(C) NO. 754/2014, W.P.(C) NO. 795/2014, W.P.(C) NO. 827/2014, W.P.(C) NO. 838/2014, W.P.(C) NO.849/2014, W.P.(C) NO. 1020/2014, S.L.P.(C)...CC NO.7586/2014, SLP(C) NO. 32589/2014, W.P.(C) NO. 26/2015, W.P.(C) NO. 79/2015, W.P.(C) NO. 86/2015, W.P.(C) NO. 264/2015,W.P.(C) NO. 186/2015, SLP(C) NO. 17935/2015, SLP(C) NO.27645/2015, W.P.(C) NO. 733/2015, W.P.(C) NO. 868/2015,W.P.(C) NO. 858/2015 The Registry to place the papers before the Hon'blethe Chief Justice of India for being referred to a largerBench in terms of the signed order. [VINOD LAKHINA] [ASHA SONI] COURT MASTER COURT MASTER [SIGNED ORDER IS PLACED ON THE FILE] 1 IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.5674 OF 2009PANDURANG GANPATI CHAUGULE ...APPELLANT VERSUSVISHWASRAO PATIL MURGUD SAHAKARI BANKLTD. ...RESPONDENT WITHSLP(C) NO. 7694/2015, W.P.(C) NO. 131/2015,SLP(C) NO. 29859/2010, C.A. NO. 5675/2009,C.A. NO. 5681/2009, C.A. NO. 5682/2009,C.A. NO. 5684/2009, SLP(C) NO. 25930/2009,W.P.(C) NO. 318/2010, C.A. NO. 4391/2010,C.A. NO. 7410/2010, SLP(C) NO. 24309/2010,W.P.(C) NO. 41/2011, W.P.(C) NO. 220/2011,W.P.(C) NO. 293/2011, W.P.(C) NO. 306/2011,W.P.(C) NO. 338/2011, W.P.(C) NO. 375/2011,SLP(C) NO. 7295-7298/2011, SLP(C) NO.22304-22305/2011, SLP(C) NO.24479-24480/2011, W.P.(C) NO. 122/2012,W.P.(C) NO. 199/2012, W.P.(C) NO. 250/2012,W.P.(C) NO. 291/2012, W.P.(C) NO. 386/2012,W.P.(C) NO. 487/2012, W.P.(C) NO. 537/2012,W.P.(C) NO. 554/2012, SLP(C) NO.24276/2012, W.P.(C) NO. 36/2013, W.P.(C)NO. 111/2013, W.P.(C) NO. 112/2013, W.P.(C)NO. 138/2013, W.P.(C) NO. 146/2013, W.P.(C)NO. 151/2013, W.P.(C) NO. 175/2013, W.P.(C)NO. 179/2013, W.P.(C) NO. 181/2013, W.P.(C)NO. 191/2013, W.P.(C) NO. 192/2013, W.P.(C)NO. 201/2013, W.P.(C) NO. 233/2013, W.P.(C)NO. 236/2013, W.P.(C) NO. 238/2013, W.P.(C)NO. 248/2013, W.P.(C) NO. 250/2013, W.P.(C)NO. 253/2013, W.P.(C) NO. 264/2013, W.P.(C)NO. 265/2013, W.P.(C) NO. 266/2013, W.P.(C)NO. 270/2013, W.P.(C) NO. 271/2013, W.P.(C) 2NO. 279/2013, W.P.(C) NO. 280/2013, W.P.(C)NO. 284/2013, W.P.(C) NO. 353/2013, W.P.(C)NO. 452/2013, W.P.(C) NO. 469/2013, W.P.(C)NO. 588/2013, W.P.(C) NO. 753/2013, W.P.(C)NO. 758/2013, W.P.(C) NO. 761/2013, W.P.(C)NO. 762/2013, W.P.(C) NO. 800/2013, W.P.(C)NO. 819/2013, W.P.(C) NO. 877/2013, W.P.(C)NO. 922/2013, W.P.(C) NO. 1007/2013, W.P.(C) NO. 1037/2013, W.P.(C) NO. 1043/2013,W.P.(C) NO. 1044/2013, W.P.(C) NO.1045/2013, SLP(C) NO. 12916/2013, SLP(C)NO. 15634-15635/2013, SLP(C) NO.17054/2013, SLP(C) NO. 18775/2013, SLP(C)NO. 18777/2013, SLP(C) NO. 29720/2013,SLP(C) NO. 29721/2013, SLP(C) NO.35137/2013, W.P.(C) NO. 5/2014, W.P.(C) NO.10/2014, W.P.(C) NO. 40/2014, W.P.(C) NO.142/2014, W.P.(C) NO. 168/2014, W.P.(C) NO.169/2014, W.P.(C) NO. 352/2014, W.P.(C) NO.408/2014, W.P.(C) NO. 420/2014,W.P.(C) NO.421/2014, W.P.(C) NO. 492/2014, W.P.(C) NO.712/2014, W.P.(C) NO. 714/2014, W.P.(C) NO.754/2014, W.P.(C) NO. 795/2014, W.P.(C) NO.827/2014, W.P.(C) NO. 838/2014, W.P.(C) NO.849/2014, W.P.(C) NO. 1020/2014, S.L.P.(C)...CC NO. 7586/2014, SLP(C) NO.32589/2014, W.P.(C) NO. 26/2015, W.P.(C)
NO. 79/2015, W.P.(C) NO. 86/2015, W.P.(C)NO. 264/2015, W.P.(C) NO. 186/2015, SLP(C)NO. 17935/2015, SLP(C) NO. 27645/2015, W.P.(C) NO. 733/2015, W.P.(C) NO. 868/2015,W.P.(C) NO. 858/2015. ORDER1. We have read and considered theorder dated 30th July, 2015 referring thematters to a larger Bench in view of 3conflicting decisions in Greater BombayCoop. Bank Ltd. vs. United Yarn Tex (P)Ltd. and others [(2007) 6 SCC 236] and theearlier pronouncements of this Court inDelhi Cloth & General Mills Co. Ltd. vs.Union of India [(1983) 4 SCC 1666], T.Velayudhan vs. Union of India [(1993) 2 SCC582] and Union of India vs. Delhi HighCourt Bar Association [(2002) 4 SCC 275].2. The basis on which the decisions,referred to above, have been reached by therespective Benches relate to the scope ofthe legislative fields covered by Entry 45of List I and Entry 32 of List II of theSeventh Schedule which question undoubtedlytouches upon the issue in hand, namely, theapplicability of the Securitisation andReconstruction of Financial Assets andEnforcement of Security Interest Act, 2002(SARFASI Act) to Cooperative 4Societies/Banks. As the decisions inconflict are of coordinate Benches (threejudges' Bench) the reference, in ourconsidered view, ought to have been made toa larger Bench. We, therefore, direct the
Registry to place the papers before theHon'ble the Chief Justice of India forbeing referred to a larger Bench. ....................,J. (RANJAN GOGOI) ...................,J. (ARUN MISHRA) ...................,J. (PRAFULLA C. PANT)NEW DELHIFEBRUARY 26, 2016
ITEM NO.5 COURT NO.2 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS I.A. 2/2016 in Writ Petition(s)(Civil) No(s). 858/2015 DATTATRAYA VITHOBHA SHELKE Petitioner(s) VERSUS UNION OF INDIA AND ORS. Respondent(s) (for vacating interim order and office report) Date : 19/02/2016 This application was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE ADARSH KUMAR GOEL For Petitioner(s) Mr. A. Sinha, Adv. Mr. A.C. Philip, Adv. Mr. Anil C. N., Adv. Ms. E. R. Sumathy,Adv. For Respondent(s) Mr. Vinay Navare, Adv. Ms. Abha R. Sharma,Adv. UPON hearing the counsel the Court made the following O R D E R Upon hearing the learned counsel for the parties and perusing the contents of the Interlocutory application for vacating interim relief, interim relief granted on 4 th January,2016 is vacated. I.A. 2 stands disposed of accordingly. (NEELAM GULATI) COURT MASTER (CHANDER BALA) COURT MASTER
ä ITEM NO.5 COURT NO.2 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS I.A. 2/2016 in Writ Petition(s)(Civil) No(s). 858/2015 DATTATRAYA VITHOBHA SHELKE Petitioner(s) VERSUS UNION OF INDIA AND ORS. Respondent(s) (for vacating interim order and office report) Date : 19/02/2016 This application was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE ADARSH KUMAR GOEL For Petitioner(s) Mr. A. Sinha, Adv. Mr. A.C. Philip, Adv. Mr. Anil C. N., Adv. Ms. E. R. Sumathy,Adv. For Respondent(s) Mr. Vinay Navare, Adv. Ms. Abha R. Sharma,Adv. UPON hearing the counsel the Court made the following O R D E R Upon hearing the learned counsel for the parties and perusing the contents of the Interlocutory application for vacating interim relief, interim relief granted on 4th January,2016 is vacated. I.A. 2 stands disposed of accordingly. (NEELAM GULATI) (CHANDER BALA) COURT MASTER COURT MASTERSignature Not VerifiedDigitally signed byNEELAM GULATIDate: 2016.02.2012:14:09 ISTReason:
ITEM NO.801 COURT NO.2 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS I.A.No.2 in Writ Petition (C) No(s).858/2015 DATTATRAYA VITHOBHA SHELKE Petitioner(s) VERSUS UNION OF INDIA AND ORS. Respondent(s) (For vacating interim order) Date : 11/02/2016 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE ADARSH KUMAR GOEL For Petitioner(s) Ms. E.R. Sumathy,Adv. For Respondent(s) Mr. Vinay Navare,Adv.(Mentioned by) For Ms. Abha R. Sharma,Adv. UPON hearing the counsel the Court made the following O R D E R List this application on 19 th February, 2016. (Sarita Purohit) (Sneh Bala Mehra) Court Master Assistant Registrar *Mentioning slip is attached with R/P.
z ITEM NO.801 COURT NO.2 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS I.A.No.2 in Writ Petition (C) No(s).858/2015 DATTATRAYA VITHOBHA SHELKE Petitioner(s) VERSUS UNION OF INDIA AND ORS. Respondent(s) (For vacating interim order) Date : 11/02/2016 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE ADARSH KUMAR GOEL For Petitioner(s) Ms. E.R. Sumathy,Adv. For Respondent(s) Mr. Vinay Navare,Adv.(Mentioned by) For Ms. Abha R. Sharma,Adv. UPON hearing the counsel the Court made the following O R D E R List this application on 19th February, 2016. (Sarita Purohit) (Sneh Bala Mehra) Court Master Assistant Registrar *Mentioning slip is attached with R/P.Signature Not VerifiedDigitally signed bySarita PurohitDate: 2016.02.1512:53:12 ISTReason:
ITEM NO.801 COURT NO.2 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition(s)(Civil) No(s). 868/2015 SWAMY SAMARTH SAHAKARI SAKHAR KARKHANA LTD. Petitioner(s) VERSUS UNION OF INDIA AND ANR Respondent(s) Date : 15/01/2016 This petition was called on for mentioning today. CORAM : HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE ADARSH KUMAR GOEL For Petitioner(s) Mr. Amol Nirmalkumar Suryawanshi,Adv. For Respondent(s) UPON being mentioned by the counsel the Court made the following O R D E R In order dated 8.1.2016 passed by this Court in this case in the last line of third para the words “impugned judgment” shall be read as “impugned demand”. Rest of the order stands. (SUMAN WADHWA) AR-cum-PS (SNEH BALA MEHRA) ASSISTANT REGISTRAR
â ITEM NO.801 COURT NO.2 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition(s)(Civil) No(s). 868/2015 SWAMY SAMARTH SAHAKARI SAKHAR KARKHANA LTD. Petitioner(s) VERSUS UNION OF INDIA AND ANR Respondent(s) Date : 15/01/2016 This petition was called on for mentioning today. CORAM : HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE ADARSH KUMAR GOEL For Petitioner(s) Mr. Amol Nirmalkumar Suryawanshi,Adv. For Respondent(s) UPON being mentioned by the counsel the Court made the following O R D E R In order dated 8.1.2016 passed by this Court in this case in the last line of third para the words "impugned judgment" shall be read as "impugned demand". Rest of the order stands. (SUMAN WADHWA) (SNEH BALA MEHRA) AR-cum-PS ASSISTANT REGISTRARSignature Not VerifiedDigitally signed bySuman WadhwaDate: 2016.01.1612:04:36 ISTReason:
ITEM NO.38 COURT NO.8 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition(s)(Civil) Diary No. 17142/2015 M/S. MY HOME HOTELS PVT. LTD. Petitioner(s) VERSUS UNION OF INDIA AND ORS. Respondent(s) (office report on default) Date : 11/01/2016 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE R.K. AGRAWAL [IN CHAMBERS] For Petitioner(s) Mr. Pankaj Kumar Singh, Adv. Mr. Manindra Dubey, Adv. Mr. Satpal Singh,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Four weeks' time is granted to learned counsel for the petitioner to cure the defects as pointed out by the Registry in office report dated 02 nd December, 2015. (RASHMI DHYANI) (SUMAN JAIN) SR.P.A. COURT MASTER
2 ITEM NO.38 COURT NO.8 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition(s)(Civil) Diary No. 17142/2015 M/S. MY HOME HOTELS PVT. LTD. Petitioner(s) VERSUS UNION OF INDIA AND ORS. Respondent(s) (office report on default) Date : 11/01/2016 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE R.K. AGRAWAL [IN CHAMBERS] For Petitioner(s) Mr. Pankaj Kumar Singh, Adv. Mr. Manindra Dubey, Adv. Mr. Satpal Singh,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Four weeks' time is granted to learned counsel for the petitioner to cure the defects as pointed out by the Registry in office report dated 02nd December, 2015. (RASHMI DHYANI) (SUMAN JAIN) SR.P.A. COURT MASTERSignature Not VerifiedDigitally signed byRASHMI DHYANIDate: 2016.01.1216:23:35 ISTReason:
ITEM NO.8 COURT NO.2 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition(Civil) No.868/2015 SWAMY SAMARTH SAHAKARI SAKHAR KARKHANA LTD. Petitioner(s) VERSUS UNION OF INDIA AND ANR Respondent(s) (With appln.(s) for exemption from filing O.T. and stay and office report) Date : 08/01/2016 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE ADARSH KUMAR GOEL For Petitioner(s) Mr. Amol Nirmalkumar Suryawanshi,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Issue notice through speed post. Tag with Civil Appeal No.5674 of 2009. Out of the total amount payable as on 1 st January, 2016, the petitioner shall pay (i) 30% of the amount on or before 31 st March, 2016; (ii) 30% of the amount on or before 30 th June, 2016; and (iii) rest of the amount on or before 31 st December, 2016. On this condition, implementation of the impugned judgment shall remain stayed. If the amount is not paid within the afore-stated period, stay granted shall stand vacated and it would be open to the respondent-creditor to recover the amount in accordance with law. (Sarita Purohit) (Sneh Bala Mehra) Court Master Assistant Registrar 1
^ ITEM NO.8 COURT NO.2 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition(Civil) No.868/2015 SWAMY SAMARTH SAHAKARI SAKHAR KARKHANA LTD. Petitioner(s) VERSUS UNION OF INDIA AND ANR Respondent(s) (With appln.(s) for exemption from filing O.T. and stay and office report) Date : 08/01/2016 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE ADARSH KUMAR GOEL For Petitioner(s) Mr. Amol Nirmalkumar Suryawanshi,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Issue notice through speed post. Tag with Civil Appeal No.5674 of 2009. Out of the total amount payable as on 1 st January, 2016, the petitioner shall pay (i) 30% of the amount on or before 31st March, 2016; (ii) 30% of the amount on or before 30th June, 2016; and (iii) rest of the amount on or before 31st December, 2016. On this condition, implementation of the impugned judgment shall remain stayed. If the amount is not paid within the afore-stated period, stay granted shall stand vacated and it would be open to the respondent-creditor to recover the amount in accordance with law.Signature Not VerifiedDigitally signed bySarita PurohitDate: 2016.01.0913:34:07 IST (Sarita Purohit) (Sneh Bala Mehra)Reason: Court Master Assistant Registrar 1
ITEM NO.8 COURT NO.1 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS I.A.3/2015 in Petition for Special Leave to Appeal (C) No. 32589/2014 (Arising out of impugned final judgment and order dated 26/09/2014 in CWP No. 7151/2014 passed by the High Court Of Himachal Pradesh At Shimla) M/S DEV MEMORIAL EDU. TRUST AND ANR Petitioner(s) VERSUS UNION OF INDA AND ORS Respondent(s) (For extension of time for compliance of order dated 18.2.2015 and office report) Date : 16/11/2015 This application was called on for hearing today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE SHIVA KIRTI SINGH HON'BLE MR. JUSTICE AMITAVA ROY For Petitioner(s) Mr. Rajul Shrivastav, Adv. Mr. K. Krishna Kumar,Adv. For Respondent(s) Mr. Anil Nag,Adv. Mr. Prateek Bhatia, Adv. Mr. Dhamal Mohan, Adv. Mr. Gaurav Sharma,Adv. UPON hearing the counsel the Court made the following O R D E R As of now the prayer made in this application has become redundant. Therefore, I.A. No. 3 of 2015 is disposed of. [ Charanjeet Kaur ] [ Vinod Kulvi ] A.R.-cum-P.S. Asstt. Registrar
Listed on : 16.11.2015 Before Court No. 1 Item No. 8 SECTION:XIV IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION INTERLOCUTORY APPLICATION NO. 3 (Application for extension of time for compliance of order dated 18.02.2015) IN PETITION FOR SPECIAL LEAVE TO APPEAL (C) No. 32589/2014 WITH PRAYER FOR INTERIM RELIEF M/s Dev Memorial Edu. Trust and Anr. ... Petitioners Versus Union Of India & Ors. ...Respondents OFFICE REPORT The matter above mentioned alonwith connected matters was listed before the Hon'ble Court on 18.02.2015, when the court was pleased to inter-alia pass the following order:- “Heard the learned counsel. The ad-interim relief, granted earlier is modified to the effect that the petitioner(s)/appellant(s) shall pay 25% of the amount payable as on 01.01.2015 as calculated by the respondent-Bank or the assignee of the debt, who has been impleaded as party-respondent, within six weeks from today and further 25% of the amount within six weeks thereafter. If the amount is not paid, as directed hereinabove, the order with regard to interim relief, shall stand vacated. I.As. stand disposed of. The pendency of these appeals/petitions would not prevent the creditor-Bank from taking any other appropriate action in accordance with law and it would also be open to the borrower and the respondent Bank to arrive at any other understanding/settlement in respect of the amount payable by the petitioner(s)/appellants(s) List on 10 th March, 2015. ” It is submitted that I.A. No. 2(Application for exemption from compliance of this Court's Order dated 18.02.2015) was listed before the Hon'ble Court on 01.04.2015, when the Court was pleased to pass the following order:-
"Time granted by this Court vide order dated 18 th February, 2015 for payment of 25% of the amount payable as on 01.01.2015 stands extended by ten weeks from today. Consequently, the time for payment of the balance 25% will stand extended by another six weeks therefrom. I.A. No.2/2015 stands disposed of. " It is further submitted that counsel for the petitioner has on 08.08.2015 filed other application for extension of time for compliance of order dated 18.02.2015 (Registered as I.A. No. 3) and the same has been placed in SLP Paper Books. The application in the matter above mentioned is listed before the Hon'ble Court with this Office Report. DATED THIS THE 06 th DAY OF NOVEMBER, 2015. ASSISTANT REGISTRAR COPY TO: 1. Mr. K. Krishna Kumar , Adv. Ch. No. 2. Mr. Anil Nag, Adv. 3. Mr. Gaurav Sharma, Adv. ASSISTANT REGISTRAR p-2/Avi
( ITEM NO.8 COURT NO.1 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS I.A.3/2015 in Petition for Special Leave to Appeal (C) No. 32589/2014 (Arising out of impugned final judgment and order dated 26/09/2014 in CWP No. 7151/2014 passed by the High Court Of Himachal Pradesh At Shimla) M/S DEV MEMORIAL EDU. TRUST AND ANR Petitioner(s) VERSUS UNION OF INDA AND ORS Respondent(s) (For extension of time for compliance of order dated 18.2.2015 and office report) Date : 16/11/2015 This application was called on for hearing today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE SHIVA KIRTI SINGH HON'BLE MR. JUSTICE AMITAVA ROY For Petitioner(s) Mr. Rajul Shrivastav, Adv. Mr. K. Krishna Kumar,Adv. For Respondent(s) Mr. Anil Nag,Adv. Mr. Prateek Bhatia, Adv. Mr. Dhamal Mohan, Adv. Mr. Gaurav Sharma,Adv. UPON hearing the counsel the Court made the following O R D E R As of now the prayer made in this application has become redundant. Therefore, I.A. No. 3 of 2015 is disposed of.Signature Not Verified [ Charanjeet Kaur ] [ Vinod Kulvi ]Digitally signed by A.R.-cum-P.S. Asstt. RegistrarCharanjeet KaurDate: 2015.11.1617:18:02 ISTReason:
ITEM NO.603 COURT NO.2 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS I.A. NO.4 in Writ Petition(s)(Civil) No(s). 588/2013 M/S. HOT METAL FORGE(I)P.LTD. & ORS. Petitioner(s) VERSUS UNION OF INDIA & ORS. Respondent(s) (With appln.(s) for modification of Court's order and office report) Date : 06/11/2015 This application was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE ADARSH KUMAR GOEL For Petitioner(s) Mr. Pallav Shishodia, Sr. Adv. Mr. Rajiv Kumar, Adv. Mr. R.N. Singh, Adv. Ms. Kusum Chaudhary,Adv. For Respondent(s) Mr. Subramonium Prasad, Sr. Adv. Mr. Suresh Dutt Dobhal, Adv. Mr. Yugank Goel, Adv. UPON hearing the counsel the Court made the following O R D E R The application is rejected. (VINOD KUMAR) COURT MASTER (MALA KUMARI SHARMA) COURT MASTER
T ITEM NO.603 COURT NO.2 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS I.A. NO.4 in Writ Petition(s)(Civil) No(s). 588/2013 M/S. HOT METAL FORGE(I)P.LTD. & ORS. Petitioner(s) VERSUS UNION OF INDIA & ORS. Respondent(s) (With appln.(s) for modification of Court's order and office report) Date : 06/11/2015 This application was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE ADARSH KUMAR GOEL For Petitioner(s) Mr. Pallav Shishodia, Sr. Adv. Mr. Rajiv Kumar, Adv. Mr. R.N. Singh, Adv. Ms. Kusum Chaudhary,Adv. For Respondent(s) Mr. Subramonium Prasad, Sr. Adv. Mr. Suresh Dutt Dobhal, Adv. Mr. Yugank Goel, Adv. UPON hearing the counsel the Court made the following O R D E R The application is rejected. (VINOD KUMAR) (MALA KUMARI SHARMA) COURT MASTER COURT MASTERSignature Not VerifiedDigitally signed byVinod KumarDate: 2015.11.0713:19:04 ISTReason:
ITEM NO.30 COURT NO.3 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition (Civil) No(s).733/2015 PARAMHANS DHANANJAY SINGH Petitioner(s) VERSUS UNION OF INDIA AND ORS. Respondent(s) (With appln.(s) for stay and office report) Date : 26/10/2015 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE ADARSH KUMAR GOEL For Petitioner(s) Mr. Tarkeshwar Nath,Adv. Mr. B.K. Pandey,Adv. Mr. Saurabh Kumar Tuteja,Adv. For Mr. Rameshwar Prasad Goyal,Adv. For Respondent(s) Mr. P.I. Jose,Adv. UPON hearing the counsel the Court made the following O R D E R To be heard along with Civil Appeal No.5674 of 2009. No stay. (Sarita Purohit) (Sneh Bala Mehra) Court Master Assistant Registrar
ITEM NO.71 COURT NO.11 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition (Civil) Diary No. 17142/2015 M/S. MY HOME HOTELS PVT. LTD. Petitioner(s) VERSUS UNION OF INDIA AND ORS. Respondent(s) (Office report on default) Date : 26/10/2015 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE SHIVA KIRTI SINGH [IN CHAMBERS] For Petitioner(s) Mr. Pankaj Kumar Singh, Adv. (Not present) Mr. Manindra Dubey, Adv. (Not present) Mr. Satpal Singh, Adv. (Not present) For Respondent(s) T he Court made the following O R D E R Nobody appears. By way of last opportunity, four weeks' time is granted to learned counsel for the petitioners to remove the defects. (ASHIMA CHHABRA) SR. P.A (MEENAKSHI MEHTA) COURT MASTER
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\202 ITEM NO.71 COURT NO.11 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition (Civil) Diary No. 17142/2015 M/S. MY HOME HOTELS PVT. LTD. Petitioner(s) VERSUS UNION OF INDIA AND ORS. Respondent(s) (Office report on default) Date : 26/10/2015 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE SHIVA KIRTI SINGH [IN CHAMBERS] For Petitioner(s) Mr. Pankaj Kumar Singh, Adv. (Not present) Mr. Manindra Dubey, Adv. (Not present) Mr. Satpal Singh, Adv. (Not present) For Respondent(s) The Court made the following O R D E R Nobody appears. By way of last opportunity, four weeks' time is granted to learned counsel for the petitioners to remove the defects. (ASHIMA CHHABRA) (MEENAKSHI MEHTA) SR. P.A COURT MASTERSignature Not VerifiedDigitally signed bySanjay KumarDate: 2015.10.2715:54:39 ISTReason:
ITEM NO.20 COURT NO.3 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition(s)(Civil) No. 733/2015 PARAMHANS DHANANJAY SINGH Petitioner(s) VERSUS UNION OF INDIA AND ORS. Respondent(s) (With appln. (s) for stay and office report) Date : 12/10/2015 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE ADARSH KUMAR GOEL For Petitioner(s) Mr. Saurabh Kumar Tuteja,Adv. For M r. Rameshwar Prasad Goyal,Adv. For Respondent(s) Mr. P.I. Jose,Adv. Mr. Kunal Manav,Adv. UPON hearing the counsel the Court made the following O R D E R I n view of letter circulated by learned counsel for the petitioner, list the matter on 26 th October, 2015. (Anita Malhotra) (Sneh Bala Mehra) Court Master Assistant Registrar
MATTER FOR 12.10.2015 COURT NO. ITEM NO. SEC-X IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (C) NOS. 733 OF 2015 (UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA) WITH INTERLOCUTORY APPLICATION NO. 1 (APPLICATION FOR STAY) PARAMHANS DHANAJAY SINGH ...PETITIONER -VERSUS- UNION OF INDIA & ORS. ....RESPONDENTS OFFICE- REPORT The writ petition along with application above-mentioned has been filed by Mr. R.P. Goyal, Advocate on behalf of the petitioner above-mentioned. It is submitted that W.P.(C) No. 269 of 2011, arising out of similar issue and filed between the same parties, was disposed of by this Hon'ble Court on 18.02.2015 (copy of order dated 18.02.2015is enclosed herewith). It isfurther submitted that the counsel for the petitioner has given a letter dated 22.09.2015 regarding maintainability of the writ petition (copy of the same is annexed to the paper book). It is lastly submitted that Mr. P.I. Jose, Advocate has filed caveat in the instant matter and the counsel for the petitioner has filed proof of service after serving a copy of the writ petition on the caveator. The writ petition along with application above-mentioned is listed before the Hon'ble Court with this office report. Dated this the 10th day of October, 2015. ASSISTANT REGISTRAR Copy to: Mr. R. P. Goyal, Advocate Mr. P.I. Jose, Advocate ASSISTANT REGISTRAR Systém 3
\220 ITEM NO.20 COURT NO.3 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition(s)(Civil) No. 733/2015 PARAMHANS DHANANJAY SINGH Petitioner(s) VERSUS UNION OF INDIA AND ORS. Respondent(s) (With appln. (s) for stay and office report) Date : 12/10/2015 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE ADARSH KUMAR GOEL For Petitioner(s) Mr. Saurabh Kumar Tuteja,Adv. For Mr. Rameshwar Prasad Goyal,Adv. For Respondent(s) Mr. P.I. Jose,Adv. Mr. Kunal Manav,Adv. UPON hearing the counsel the Court made the following O R D E R In view of letter circulated by learned counsel for the petitioner, list the matter on 26th October, 2015. (Anita Malhotra) (Sneh Bala Mehra) Court Master Assistant RegistrarSignature Not VerifiedDigitally signed bySarita PurohitDate: 2015.10.1317:16:19 ISTReason:
\220 ITEM NO.20 COURT NO.3 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition(s)(Civil) No. 733/2015 PARAMHANS DHANANJAY SINGH Petitioner(s) VERSUS UNION OF INDIA AND ORS. Respondent(s) (With appln. (s) for stay and office report) Date : 12/10/2015 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE ADARSH KUMAR GOEL For Petitioner(s) Mr. Saurabh Kumar Tuteja,Adv. For Mr. Rameshwar Prasad Goyal,Adv. For Respondent(s) Mr. P.I. Jose,Adv. Mr. Kunal Manav,Adv. UPON hearing the counsel the Court made the following O R D E R In view of letter circulated by learned counsel for the petitioner, list the matter on 26th October, 2015. (Anita Malhotra) (Sneh Bala Mehra) Court Master Assistant RegistrarSignature Not VerifiedDigitally signed bySarita PurohitDate: 2015.10.1317:16:19 ISTReason:
ITEM NO.35 COURT NO.4 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 27645/2015 (Arising out of impugned final judgment and order dated 24/06/2015 in SCA No. 1012/2014 passed by the High Court of Gujarat at Ahmedabad) M/S. NEEL OIL INDUSTRIES Petitioner(s) VERSUS UNION OF INDIA AND ORS. Respondent(s) (With interim relief and office report) Date : 01/10/2015 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE JAGDISH SINGH KHEHAR HON'BLE MRS. JUSTICE R. BANUMATHI For Petitioner(s) Mr. Nikhil Goel,Adv. Ms. Naveen Goel, Adv. Mr. Marsook Bafaki, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Issue notice. Tag with Civil Appeal No. 5674 of 2009 and connected matters. (S. K. RAKHEJA) COURT MASTER (RENUKA SADANA) COURT MASTER
LISTED ON: 01.10.2015 BEFORE COURT NO.:04 ITEM NO.: 35 SECTION – IX IN THE SUPREME COURT OF INDIA CIVIL APPEALATTE JURISDICTION PETITION FOR SPECIAL LEAVE TO APPEAL (CIVIL) NO. 27645 OF 2015 WITH PRAYER FOR INTERIM RELEIF M/S. NEEL OIL INDUSTRIES ...PETITIONER VERSUS UNION OF INDIA AND ORS. ...RESPONDENTS OFFICE REPORT It is submitted for the information of the Hon'ble Court that Civil Appeal No. 5674 of 2009 referred to on page B of List of Dates is pending before the Larger Bench (Copy of the Order dated 30/07/2015 is enclosed herewith). The matter above mentioned is listed before the Hon'ble Court with report. Dated this the 29 th day of September, 2015. ASSISTANT REGISTRAR C opy to: Mr. Nikhil Goel , Advocate ASSISTANT REGISTRAR VT
ITEM NO.35 COURT NO.4 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 27645/2015 (Arising out of impugned final judgment and order dated 24/06/2015 in SCA No. 1012/2014 passed by the High Court of Gujarat at Ahmedabad) M/S. NEEL OIL INDUSTRIES Petitioner(s) VERSUS UNION OF INDIA AND ORS. Respondent(s) (With interim relief and office report) Date : 01/10/2015 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE JAGDISH SINGH KHEHAR HON'BLE MRS. JUSTICE R. BANUMATHI For Petitioner(s) Mr. Nikhil Goel,Adv. Ms. Naveen Goel, Adv. Mr. Marsook Bafaki, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Issue notice. Tag with Civil Appeal No. 5674 of 2009 and connected matters. (S. K. RAKHEJA) (RENUKA SADANA) COURT MASTER COURT MASTERSignature Not VerifiedDigitally signed bySushil Kumar RakhejaDate: 2015.10.0117:00:05 ISTReason:
ITEM NO.48 COURT NO.4 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition(Civil) Diary No. 8856/2015 PARAMHANS DHANANJAY SINGH Petitioner(s) VERSUS UNION OF INDIA AND ORS. Respondent(s) (office report on default) Date : 10/09/2015 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ADARSH KUMAR GOEL [IN CHAMBERS] For Petitioner(s) Mr. Rameshwar Prasad Goyal, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Learned counsel for the petitioner is granted two weeks' time to comply with the Office Report dated 19th June, 2015, failing which the Writ Petition shall stand dismissed without further reference to the Court. (RASHI GUPTA) (SUMAN JAIN) Sr.P.A. COURT MASTER
> ITEM NO.48 COURT NO.4 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition(Civil) Diary No. 8856/2015 PARAMHANS DHANANJAY SINGH Petitioner(s) VERSUS UNION OF INDIA AND ORS. Respondent(s) (office report on default) Date : 10/09/2015 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ADARSH KUMAR GOEL [IN CHAMBERS] For Petitioner(s) Mr. Rameshwar Prasad Goyal, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Learned counsel for the petitioner is granted two weeks' time to comply with the Office Report dated 19th June, 2015, failing which the Writ Petition shall stand dismissed without further reference to the Court. (RASHI GUPTA) (SUMAN JAIN) Sr.P.A. COURT MASTERSignature Not VerifiedDigitally signed byNeeta SapraDate: 2015.09.1410:50:17 ISTReason:
ITEM NO.1 COURT NO.3 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS I.A. 3/2015 in Writ Petition(s)(Civil) No(s). 111/2013 NEW MARIA TRANSPORT & ORS. Petitioner(s) VERSUS UNION OF INDIA & ORS. Respondent(s) (for modification of court's order and office report) WITH I.A.No. 3 in W.P.(C) No. 112/2013 (With appln.(s) for directions and appln.(s) for modification of court's order and Office Report) Date : 07/08/2015 This application was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE KURIAN JOSEPH For Petitioner(s) Mr. Pallav Shishodia, Sr. Adv. Mr. Rajiv Kumar, Adv. For Ms. Kusum Chaudhary, Adv. For Respondent(s) Ms. Vibha Dutta Makhija, Sr. Adv. Ms. Rashmi Singhania, Adv. For Mr. Praveen Chaturvedi, Adv. UPON hearing counsel the Court made the following O R D E R List the interlocutory applications along with the main matters. (Jayant Kumar Arora) Sr. P.A. (Sneh Bala Mehra) Assistant Registrar
´ ITEM NO.1 COURT NO.3 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS I.A. 3/2015 in Writ Petition(s)(Civil) No(s). 111/2013 NEW MARIA TRANSPORT & ORS. Petitioner(s) VERSUS UNION OF INDIA & ORS. Respondent(s) (for modification of court's order and office report) WITH I.A.No. 3 in W.P.(C) No. 112/2013 (With appln.(s) for directions and appln.(s) for modification of court's order and Office Report) Date : 07/08/2015 This application was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE KURIAN JOSEPH For Petitioner(s) Mr. Pallav Shishodia, Sr. Adv. Mr. Rajiv Kumar, Adv. For Ms. Kusum Chaudhary, Adv. For Respondent(s) Ms. Vibha Dutta Makhija, Sr. Adv. Ms. Rashmi Singhania, Adv. For Mr. Praveen Chaturvedi, Adv. UPON hearing counsel the Court made the following O R D E R List the interlocutory applications along with the main matters. (Jayant Kumar Arora) (Sneh Bala Mehra) Sr. P.A. Assistant RegistrarSignature Not VerifiedDigitally signed byJayant Kumar AroraDate: 2015.08.0811:45:53 ISTReason:
1 IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (C) No. 103 OF 2012 M/S NARENDRA AGENCY & ORS. Petitioner(s) VERSUS UNION OF INDIA & ORS. Respondent(s) O R D E R The learned counsel for the petitioners seeks leave to withdraw this Writ Petition as the parties to the litigation have settled their disputes out of the Court. Permission is granted. The Writ Petition is, accordingly, disposed of as withdrawn. .......................J. [ ANIL R. DAVE ] .......................J. [ KURIAN JOSEPH ] New Delhi; July 30, 2015.
2 IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 1468 OF 2010 M/S SIDHARTH FOAM & FURNISHING P. LTD. Appellant (s) VERSUS INDORE PARASPER SAH. BANK LTD. Respondent(s) O R D E R Heard the learned counsel appearing for the parties. It is an admitted fact that the applicant-appellant paid the amount which was to be paid by it, but it was paid little late. In the facts of the case, we direct that ad-interim relief granted earlier shall continue to operate even if the amount was not paid in the prescribed period and we condone the delay which has been caused in making the payment. It would be open to the applicant-appellant to approach the lender-Bank for settling the issues out of the Court and if such an effort is made by the applicant-appellant, the respondent-Bank shall make an effort to give concession to it, which it normally gives in the matter of settlement.
3 In view of the above, the Civil Appeal is disposed of. .......................J. [ ANIL R. DAVE ] .......................J. [ KURIAN JOSEPH ] New Delhi; July 30, 2015.
4 ITEM NO.101(PH) COURT NO.3 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No(s).5674/2009 PANDURANG GANPATI CHAUGULE Appellant(s) VERSUS VISHWASRAO PATIL MURGUD SAHAKARI BANK L. Respondent(s) WITH SLP(C) No. 25930/2009 (With appln.(s) for directions and Interim Relief and Office Report) W.P.(C) No. 922/2013 (With appln.(s) for directions, permission to file addl. Documents and Office Report) W.P.(C) No. 1007/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 142/2014 (With appln. for ex-parte stay and Office Report) W.P.(C) No. 168/2014 (With appln.(s) for stay and vacating stay and Office Report) W.P.(C) No. 169/2014 (With appln.(s) for stay and vacating stay and Office Report) W.P.(C) No. 421/2014 (With appln.(s) for stay and vacating stay and Office Report) W.P.(C) No. 1020/2014 (With appln.(s) for directions and Office Report) C.A. No. 5675/2009 (With Interim Relief and Office Report) C.A. No. 5681/2009 (With Office Report) C.A. No. 5682/2009 (With Interim Relief and Office Report) C.A. No. 5684/2009
5 (With appln.(s) for directions and Interim Relief) W.P.(C) No. 318/2010 (With appln.(s) for stay and Office Report) C.A. No. 1468/2010 (With appln.(s) for exemption from filing O.T. and vacating stay) C.A. No. 4391/2010 (With appln.(s) appln.(s) for permission to file counter affidavit and for recalling the Court's order and Office Report) C.A. No. 7410/2010 SLP(C) No. 24309/2010 W.P.(C) No. 41/2011 (With appln.(s) for stay and vacating stay and Office Report) W.P.(C) No. 220/2011 (With appln.(s) for stay and Office Report) W.P.(C) No. 293/2011 (With appln.(s) for directions and stay and Office Report) W.P.(C) No. 306/2011 (With appln.(s) for directions and stay and Office Report) W.P.(C) No. 308/2011 (With Office Report) W.P.(C) No. 338/2011 (With appln.(s) for stay and Office Report) W.P.(C) No. 375/2011 (With appln.(s) for stay and Office Report) SLP(C) No. 7295-7298/2011 (With Office Report) SLP(C) No. 22304-22305/2011 (With appln.(s) for exemption from filing c/c of the impugned judgment and Office Report) SLP(C) No. 24479-24480/2011 (With Interim Relief and Office Report) W.P.(C) No. 97/2012 (With appln.(s) for directions and stay and Office Report)
6 W.P.(C) No. 103/2012 (With appln.(s) for directions and stay and Office Report) W.P.(C) No. 122/2012 (With appln.(s) for stay and vacating stay and Office Report) W.P.(C) No. 199/2012 (With appln.(s) for stay and Office Report) W.P.(C) No. 250/2012 (With appln.(s) for stay and Office Report) W.P.(C) No. 291/2012 (With appln.(s) for ex-parte and Office Report) W.P.(C) No. 386/2012 (With appln.(s) for directions and stay and Office Report) W.P.(C) No. 487/2012 (With appln.(s) for stay and Office Report) W.P.(C) No. 537/2012 (With appln.(s) for permission to file addl. documents and stay and Office Report) W.P.(C) No. 554/2012 (With appln.(s) for directions and stay and Office Report) SLP(C) No. 24276/2012 (With Interim Relief and Office Report) W.P.(C) No. 36/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 111/2013 (With appln.(s) for directions and for modification of Court's order and stay and Office Report) W.P.(C) No. 112/2013 (With appln.(s) for directions and for modification of Court's order and stay and Office Report) W.P.(C) No. 138/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 146/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 151/2013 (With appln.(s) for stay and Office Report)
7 W.P.(C) No. 175/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 179/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 181/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 191/2013 (With appln.(s) for directions, stay and vacation of ex-parte stay and Office Report) W.P.(C) No. 192/2013 (With appln.(s) for directions and stay and Office Report) W.P.(C) No. 201/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 233/2013 (With appln.(s) for stay and substitution of respondent and Office Report) W.P.(C) No. 236/2013 (With appln.(s) for stay and substitution of respondent and Office Report) W.P.(C) No. 238/2013 (With appln.(s) for stay and substitution of respondent and Office Report) W.P.(C) No. 248/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 250/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 253/2013 (With appln.(s) for stay and vacating stay and Office Report) W.P.(C) No. 264/2013 (With appln.(s) for impleadment and stay and Office Report) W.P.(C) No. 265/2013 (With appln.(s) for directions and stay and Office Report) W.P.(C) No. 266/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 270/2013
8 (With appln.(s) for directions and stay and Office Report) W.P.(C) No. 271/2013 (With appln.(s) for directions and stay and Office Report) W.P.(C) No. 279/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 280/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 284/2013 (With appln.(s) for impleadment and stay and Office Report) W.P.(C) No. 353/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 452/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 469/2013 (With Office Report) W.P.(C) No. 588/2013 (With appln.(s) for impleadment, impleadment as party respondent and stay and Office Report) W.P.(C) No. 753/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 758/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 761/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 762/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 800/2013 (With appln.(s) for directions and Office Report) W.P.(C) No. 819/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 877/2013 (With appln.(s) for directions and Office Report) W.P.(C) No. 1037/2013 (With appln.(s) for directions and stay and Office Report)
9 W.P.(C) No. 1043/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 1044/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 1045/2013 (With appln.(s) for stay and Office Report) SLP(C) No. 12916/2013 (With appln.(s) for extension of time and Interim Relief and Office Report) SLP(C) No. 15634-15635/2013 (With appln.(s) for c/delay in filing SLP and Office Report) SLP(C) No. 17054/2013 (With Interim Relief and Office Report) SLP(C) No. 18775/2013 (With Interim Relief and Office Report) SLP(C) No. 18777/2013 (With Interim Relief and Office Report) SLP(C) No. 29720/2013 (With Office Report) SLP(C) No. 29721/2013 (With Office Report) SLP(C) No. 35137/2013 (With appln.(s) for modification/recalling of Court's order and Interim Relief and Office Report) W.P.(C) No. 5/2014 (With appln.(s) for stay and Office Report) W.P.(C) No. 10/2014 (With appln.(s) for stay and Office Report) W.P.(C) No. 352/2014 (With appln.(s) for directions and stay and Office Report) W.P.(C) No. 408/2014 (With appln.(s) for stay and Office Report) W.P.(C) No. 420/2014 (With appln.(s) for stay and Office Report)
10 W.P.(C) No. 492/2014 (With appln.(s) for exemption from filing O.T. and stay and Office Report) W.P.(C) No. 712/2014 (With appln.(s) for modification of Court's order and stay and vacating stay and Office Report) W.P.(C) No. 714/2014 (With appln.(s) for stay and vacating stay) W.P.(C) No. 754/2014 (With appln.(s) for exemption from filing O.T. and stay and Office Report) W.P.(C) No. 756/2014 (With appln.(s) for directions and Office Report) S.L.P.(C)No........./2015 (CC No.7586/2014) (With appln.(s) for c/delay in filing SLP and Office Report) W.P.(C) No. 795/2014 (With appln.(s) for stay and Office Report) W.P.(C) No. 849/2014 (With appln.(s) for ex-parte stay and vacating interim order and Office Report) W.P.(C) No. 838/2014 (With appln.(s) for stay and vacating interim order and Office Report) W.P.(C) No. 827/2014 (With appln.(s) for ex-parte stay and Office Report) SLP(C) No. 32589/2014 (With appln(s) for compliance of order and exemption from filing O.T. and Office Report) W.P.(C) No. 26/2015 (With appln.(s) for modification and stay and Office Report) W.P.(C) No. 79/2015 (With appln.(s) for extension of time and stay and Office Report) W.P.(C) No. 131/2015 (With appln.(s) for extension of time and stay and Office Report) W.P.(C) No. 86/2015
11 (With appln.(s) for directions) SLP(C) No. 7694/2015 (With appln.(s) for exemption from filing c/c of the impugned judgment and Interim Relief and Office Report) W.P.(C) No. 186/2015 (With appln.(s) for stay and Office Report) W.P.(C) No. 264/2015 (With appln.(s) for modification of Court's order, recalling the Court's order, stay and vacating stay and Office Report) SLP(C) No. 29859/2010 (With appln.(s) for leave to place on record the subsequent developments and withdrawal and Interim Relief and Office Report) Date : 30/07/2015 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE KURIAN JOSEPH For Appellant(s) Mr. Devansh A. Mohta,Adv. Mr. Shishir Deshpande,Adv. Ms. Sujata Kurdukar,Adv. Mr. Amit Yadav,Adv. Mr. Devansh A. Mohta,Adv. Mr. Gaurav Agarwal,Adv. Mr. Pratap Venugopal, Adv. Mr. Gaurav Nair, Adv. Ms. Niharika, Adv. Ms. Rashmi Singh,Adv. Mr. S. K. Kulkarni, Adv. Mr. M. Gireesh Kumar, Adv. Mr. Ankur S. Kulkarni,Adv. Mr. S. Wasim A. Qadri, Adv. Mr. Zaid Ali, Adv. Mr. Saurabh Chopra, Adv. For Mr. Lakshmi Raman Singh, Adv. Mr. Mathews J. Nedumpara,Adv. Mr. Rabin Majumder,Adv. Mr. Mobin Jacob,Adv.
12 Mr. S. Sadasiva Reddy,Adv. For Ms. S. Usha Reddy,Adv. Mr. N. D. B. Raju, Adv. Mr. N. Ganpathy,Adv. Ms. Rakhi Ray,Adv. Mr. S.S. Ray,Adv. Mr. vaibhav Gulia,Adv. Mr. Jayant Kumar Mehta,Adv. Mr. Saurabh D. Karan Singh,Adv. Ms. Madhavi Khare,Adv. Mr. Renjith B. Marar,Adv. Mr. Lakshmi N. Kaimal,Adv. Mr. K.L. Taneja,Adv. Mr. Anuj Dixit Kaushik,Adv. Mr. Satpal Singh,Adv. Mr. D.K. Chaubey,Adv. Mr. M.Y. Deshmukh,Adv. Mr. Rameshwar Prasad Goyal,Adv. Mr. Rajiv Kumar,Adv. For Ms. Kusum Chaudhary,Adv. Mr. Nipun Goel,Adv. Mr. Jatin Zaveri,Adv. Mr. Ankur Saigal, Adv. Mr. Vikrant Pachnanda, Adv. Ms. Vanshaja Shukla,Adv. Mr. Annirudh Sharma,Adv. Mr. Gaurav Agrawal,Adv. Mr. Garvesh Kabra,Adv. Mr. Vijay Kumar,Adv. Mr. Nikhil Nayyar,Adv. Ms. Anagha S. Desai,Adv. Ms. Chandan Ramamurthi,Adv. Mr. A. Venayagam Balan,Adv. Ms. Charu Mathur,Adv. Mr. H. Chandra Sekhar,Adv. Mr. Nikhil Goel,Adv. Mr. Bankey Bihari Sharma,Adv. Mr. Sarad Kumar Singhania,Adv. Mr. Harish Pandey,Adv.
13 Ms. Pragya Baghel,Adv. Mr. M.J. Paul,Adv. Mr. Anirudh Sanganeria, Adv. Mr. Mukul Kumar,Adv. Mr. E.C. Agrawala,Adv. M/s. Temple Law Firm,Advs. Ms. Garima Prashad,Adv. Mr. Atul Babasaheb Dakh,Adv. Mr. Santosh Krishnan,Adv. Mr. Vineet Bhagat,Adv. Mr. K. Krishna Kumar,Adv. Mr. Chirag M. Shroff,Adv. Mr. Yadav Narender Singh,Adv. For Respondent(s) Mr. Shekhar Naphade,Sr.Adv. Mr. Krishan Kumar, Adv. Mr. Abhay N., Adv. Mr. Vinay Navare,Adv. Mr. Satyajeet Kumar,Adv. Mr. Keshav Ranjan,Adv. Ms. Gwen K.B.,Adv. For Ms. Abha R. Sharma,Adv. Mr. B.B. Sawhney,Sr.Adv. Mr. Yashank Adhyaru,Sr.Adv. Ms. Sunita Sharma, Adv. Ms. Sadhana Sandhu,Adv. Mr. T.N. Razdan,Adv. Mr. R.K. Verma,Adv. For Ms. Sushma Suri,Adv. Mr. Shreekant N. Terdal,Adv. Mr. Chimay Khaladkar, Adv. Mr. Deeptakirti Verma, Adv. Ms. Neha Sharma, Adv. Mr. Chand Qureshi, Adv. Mr. Ashok Kumar Juneja, Adv. For Mr. Irshad Ahmad,Adv. Mr. Shekhar Naphade,Sr.Adv. Mr. Krishan Kumar,Adv. Mr. Shekhar Naphade,Sr.Adv. Ms. Shubhangi Tuli,Adv. Mr. Shivaji M. Jadhav,Adv. M/s. S.M. Jadhav & Company,Advs.
14 Mr. Arjun Krishnan,Adv. Mr. Manish Pitale, Adv. Mr. Shiv Ram Pandey, Adv. Mr. Gaurav Sharma, Adv. Mr. Prateek B., Adv. Mr. Lalit Bhasin, Adv. Ms. Nina Gupta, Adv. Mr. Mudit Sharma, Adv. For Mr. P.V. Yogeswaran, Adv. Mr. Siddhesh Kotwal,Adv. Mr. Annirudh Sharma,Adv. For Mr. Nirnimesh Dube,Adv. Mr. Kunal A. Cheema,Adv. Mr. Nishant Katneshwarkar,Adv. Mr. D. Banerjee,Adv. Mr. Jasmeet Singh, Adv. Mr. A. S. Aman, Adv. For M/s. Karanjawala & Co.,Advs. Ms. Anne Mathew,Adv. Mr. Raj Kumar Kaushik,Adv. For Mr. P.S. Sudheer,Adv. Mr. Anuj Sharma,Adv. Ms. Niharika,Adv. For M/s. K.J. John & Co.,Advs. Mr. Arun Aggarwal,Adv. Mr. Anil Rai,Adv. Mr. Sandeep Lamba,Adv. Mr. D. Bharat Kumar,Adv. Mr. Sayooj Mohandas M.,Adv. Mr. T. Baskar Gowtham,Adv. Mr. Abhijit Sengupta,Adv. Mr. Rajeev K. Panday,Adv. Mr. Rajeev Maheshwaranand Roy,Adv. Ms. Praveena Gautam,Adv. Mr. Deepak Tyagi,Adv. Ms. Pusshp Gupta, Adv. Mr. Ankur Prakash,Adv.
15 Mr. Suresh Dutt Dobhal,Adv. Ms. Rajani K. Prasad,Adv. Mrs. N. Annapoorani, Adv. Mr. Praveen Chaturvedi,Adv. Ms. Anuradha Mutatkar,Adv. Mr. H.S. Parihar,Adv. Mr. Uday B. Dube,Adv. Mr. Niraj Sharma,Adv. Mr. M.T. George,Adv. Mr. Anil Kumar Mishra,Adv. Mr. D.M. Nargolkar,Adv. Mr. Piyush Sharma,Adv. Mr. B. Subrahmanya Prasad,Adv. Mr. V.N. Raghupathy,Adv. Mr. Rajiv Shankar Dvivedi,Adv. Ms. Hemantika Wahi,Adv. Mr. S.N. Bhat,Adv. Mr. Rajesh Mahale,Adv. Mr. Anup Jain,Adv. Mr. Aniruddha P. Mayee,Adv. UPON hearing the counsel the Court made the following O R D E R W.P. (C) 103 of 2012 The Writ Petition is disposed of as withdrawn in terms of the signed order. Civil Appeal No. 1468 of 2010 The Civil Appeal is disposed of in terms of the signed order. Rest of the matters : Application of SARAFESI Act to Cooperative Banks is the issue which arises for consideration in these cases. The notifications issued under the SARAFESI Act and an amendment with regard to the Multi-State Cooperative Societies are also under challenge in these cases. Regarding “The Enforcement of
16 Security Interest and Recovery of Debts Laws (Amendment) Act, 2012”, there is a three-Judge Bench decision in Greater Bombay Coop. Bank Ltd. Vs. United Yarn Tex (P) Ltd. and Others reported in (2007) 6 SCC 236, wherein a specific finding has been given in paragraph 89 which reads as under :- “ ..........the cooperative banks performing functions for the public with a limited commercial function as opposed to corporate banks cannot be covered by Entry 45 of List I dealing with “banking”. The subject of cooperative societies is not included in the Union List rather it is covered under Entry 32 of List II of the Seventh Schedule appended to the Constitution.” In paragraphs 97 and 98, it has been held as follows :- “ 97. For the reasons stated above and adopting pervasive and meaningful interpretation of the provisions of the relevant Statutes and Entries 43, 44 and 45 of List I and Entry 32 of List II of the Seventh Schedule of the Constitution, we answer the Reference as under:- "Co-operative banks" established under the Maharashtra Co-operative Societies Act, 1960 [MCS Act, 1960]; the Andhra Pradesh Co-operative Societies Act, 1964 [APCS Act, 1964]; and the
17 Multi-State Co-operative Societies Act, 2002 [MSCS Act, 2002] transacting the business of banking, do not fall within the meaning of "banking company" as defined in Section 5 (c) of the Banking Regulation Act, 1949 [BR Act]. Therefore, the provisions of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 [RDB Act] by invoking the Doctrine of Incorporation are not applicable to the recovery of dues by the co-operatives from their member s.” 98. The field of co-operative societies cannot be said to have been covered by the Central Legislation by reference to Entry 45, List I of the Seventh Schedule of the Constitution. Co-operative Banks constituted under the Co-operative Societies Acts enacted by the respective States would be covered by co-operative societies by Entry 32 of List II of Seventh Schedule of the Constitution of India” However, regarding the entry of 'banking', a contrary view is taken by three-Judge Benches of this Court in Delhi Cloth & General Mills Co. Ltd. Vs. Union of India (1983) 4 SCC 166, T. Velayudhan Vs. Union of India (1993) 2 SCC 582 and Union of India Vs. Delhi High Court Bar Association (2002) 4 SCC 275. These decisions are unfortunately not referred to in Greater Bombay (Supra).
18 In the above circumstances, we feel that it would be more appropriate if the issues raised in these Writ Petitions/Special Leave Petitions/Appeals before us are considered by a larger Bench. In some of the cases before us, initially there was a blanket stay which we had modified subsequently to the effect that borrowers should pay at least 50% of the current dues. The learned counsel for the Indian Banks' Association made an anxious submission that several High Courts in the country are granting blanket stay of recovery on the basis of the earlier interim orders passed by this Court. It would be open to the counsel concerned to bring this fact to the notice of the High Courts concerned so that blanket stay, if any, granted by the High Courts can be modified appropriately in terms of the orders passed by this Court for payment of 50% of the current dues as a condition for stay/confirmation of stay. We, therefore, refer the matters to a larger Bench. The Registry is directed to place the matters before Hon'ble The Chief Justice of India so that the issues, as abovesaid, may be considered and decided by a larger Bench. (Jayant Kumar Arora) Sr. P.A. (Sneh Bala Mehra) Assistant Registrar (Signed orders in WRIT PETITION (C) No. 103 OF 2012 and CIVIL APPEAL NO. 1468 OF 2010 are placed on the file)
òÀ 1 IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (C) No. 103 OF 2012 M/S NARENDRA AGENCY & ORS. Petitioner(s) VERSUS UNION OF INDIA & ORS. Respondent(s) O R D E R The learned counsel for the petitioners seeks leave to withdraw this Writ Petition as the parties to the litigation have settled their disputes out of the Court. Permission is granted. The Writ Petition is, accordingly, disposed of as withdrawn. .......................J. [ ANIL R. DAVE ] .......................J. [ KURIAN JOSEPH ] New Delhi; July 30, 2015.Signature Not VerifiedDigitally signed byJayant Kumar AroraDate: 2015.08.0416:33:52 ISTReason: 2 IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 1468 OF 2010M/S SIDHARTH FOAM & FURNISHING P. LTD. Appellant (s) VERSUSINDORE PARASPER SAH. BANK LTD. Respondent(s) O R D E R Heard the learned counsel appearing for the
parties. It is an admitted fact that theapplicant-appellant paid the amount which was to bepaid by it, but it was paid little late. In the facts of the case, we direct thatad-interim relief granted earlier shall continue tooperate even if the amount was not paid in theprescribed period and we condone the delay which hasbeen caused in making the payment. It would be open to the applicant-appellant toapproach the lender-Bank for settling the issues outof the Court and if such an effort is made by theapplicant-appellant, the respondent-Bank shall makean effort to give concession to it, which it normallygives in the matter of settlement. 3 In view of the above, the Civil Appeal isdisposed of. .......................J. [ ANIL R. DAVE ] .......................J. [ KURIAN JOSEPH ]New Delhi;July 30, 2015. 4ITEM NO.101(PH) COURT NO.3 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSCivil Appeal No(s).5674/2009PANDURANG GANPATI CHAUGULE Appellant(s) VERSUSVISHWASRAO PATIL MURGUD SAHAKARI BANK L. Respondent(s) WITH SLP(C) No. 25930/2009(With appln.(s) for directions and Interim Relief and OfficeReport) W.P.(C) No. 922/2013(With appln.(s) for directions, permission to file addl.Documents and Office Report)
W.P.(C) No. 1007/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 142/2014(With appln. for ex-parte stay and Office Report) W.P.(C) No. 168/2014(With appln.(s) for stay and vacating stay and Office Report) W.P.(C) No. 169/2014(With appln.(s) for stay and vacating stay and Office Report) W.P.(C) No. 421/2014(With appln.(s) for stay and vacating stay and Office Report) W.P.(C) No. 1020/2014(With appln.(s) for directions and Office Report) C.A. No. 5675/2009(With Interim Relief and Office Report) C.A. No. 5681/2009(With Office Report) C.A. No. 5682/2009(With Interim Relief and Office Report) C.A. No. 5684/2009 5(With appln.(s) for directions and Interim Relief) W.P.(C) No. 318/2010(With appln.(s) for stay and Office Report) C.A. No. 1468/2010(With appln.(s) for exemption from filing O.T. and vacating stay) C.A. No. 4391/2010(With appln.(s) appln.(s) for permission to file counteraffidavit and for recalling the Court's order and Office Report) C.A. No. 7410/2010 SLP(C) No. 24309/2010 W.P.(C) No. 41/2011(With appln.(s) for stay and vacating stay and Office Report) W.P.(C) No. 220/2011(With appln.(s) for stay and Office Report) W.P.(C) No. 293/2011(With appln.(s) for directions and stay and Office Report) W.P.(C) No. 306/2011(With appln.(s) for directions and stay and Office Report) W.P.(C) No. 308/2011(With Office Report) W.P.(C) No. 338/2011(With appln.(s) for stay and Office Report) W.P.(C) No. 375/2011(With appln.(s) for stay and Office Report) SLP(C) No. 7295-7298/2011
(With Office Report) SLP(C) No. 22304-22305/2011(With appln.(s) for exemption from filing c/c of the impugnedjudgment and Office Report) SLP(C) No. 24479-24480/2011(With Interim Relief and Office Report) W.P.(C) No. 97/2012(With appln.(s) for directions and stay and Office Report) 6 W.P.(C) No. 103/2012(With appln.(s) for directions and stay and Office Report) W.P.(C) No. 122/2012(With appln.(s) for stay and vacating stay and Office Report) W.P.(C) No. 199/2012(With appln.(s) for stay and Office Report) W.P.(C) No. 250/2012(With appln.(s) for stay and Office Report) W.P.(C) No. 291/2012(With appln.(s) for ex-parte and Office Report) W.P.(C) No. 386/2012(With appln.(s) for directions and stay and Office Report) W.P.(C) No. 487/2012(With appln.(s) for stay and Office Report) W.P.(C) No. 537/2012(With appln.(s) for permission to file addl. documents and stayand Office Report) W.P.(C) No. 554/2012(With appln.(s) for directions and stay and Office Report) SLP(C) No. 24276/2012(With Interim Relief and Office Report) W.P.(C) No. 36/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 111/2013(With appln.(s) for directions and for modification of Court'sorder and stay and Office Report) W.P.(C) No. 112/2013(With appln.(s) for directions and for modification of Court'sorder and stay and Office Report) W.P.(C) No. 138/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 146/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 151/2013(With appln.(s) for stay and Office Report) 7 W.P.(C) No. 175/2013(With appln.(s) for stay and Office Report)
W.P.(C) No. 179/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 181/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 191/2013(With appln.(s) for directions, stay and vacation of ex-parte stayand Office Report) W.P.(C) No. 192/2013(With appln.(s) for directions and stay and Office Report) W.P.(C) No. 201/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 233/2013(With appln.(s) for stay and substitution of respondent and OfficeReport) W.P.(C) No. 236/2013(With appln.(s) for stay and substitution of respondent and OfficeReport) W.P.(C) No. 238/2013(With appln.(s) for stay and substitution of respondent and OfficeReport) W.P.(C) No. 248/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 250/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 253/2013(With appln.(s) for stay and vacating stay and Office Report) W.P.(C) No. 264/2013(With appln.(s) for impleadment and stay and Office Report) W.P.(C) No. 265/2013(With appln.(s) for directions and stay and Office Report) W.P.(C) No. 266/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 270/2013 8(With appln.(s) for directions and stay and Office Report) W.P.(C) No. 271/2013(With appln.(s) for directions and stay and Office Report) W.P.(C) No. 279/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 280/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 284/2013(With appln.(s) for impleadment and stay and Office Report) W.P.(C) No. 353/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 452/2013(With appln.(s) for stay and Office Report)
W.P.(C) No. 469/2013(With Office Report) W.P.(C) No. 588/2013(With appln.(s) for impleadment, impleadment as party respondentand stay and Office Report) W.P.(C) No. 753/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 758/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 761/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 762/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 800/2013(With appln.(s) for directions and Office Report) W.P.(C) No. 819/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 877/2013(With appln.(s) for directions and Office Report) W.P.(C) No. 1037/2013(With appln.(s) for directions and stay and Office Report) 9 W.P.(C) No. 1043/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 1044/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 1045/2013(With appln.(s) for stay and Office Report) SLP(C) No. 12916/2013(With appln.(s) for extension of time and Interim Relief andOffice Report) SLP(C) No. 15634-15635/2013(With appln.(s) for c/delay in filing SLP and Office Report) SLP(C) No. 17054/2013(With Interim Relief and Office Report) SLP(C) No. 18775/2013(With Interim Relief and Office Report) SLP(C) No. 18777/2013(With Interim Relief and Office Report) SLP(C) No. 29720/2013(With Office Report) SLP(C) No. 29721/2013(With Office Report) SLP(C) No. 35137/2013(With appln.(s) for modification/recalling of Court's order andInterim Relief and Office Report)
W.P.(C) No. 5/2014(With appln.(s) for stay and Office Report) W.P.(C) No. 10/2014(With appln.(s) for stay and Office Report) W.P.(C) No. 352/2014(With appln.(s) for directions and stay and Office Report) W.P.(C) No. 408/2014(With appln.(s) for stay and Office Report) W.P.(C) No. 420/2014(With appln.(s) for stay and Office Report) 10 W.P.(C) No. 492/2014(With appln.(s) for exemption from filing O.T. and stay andOffice Report) W.P.(C) No. 712/2014(With appln.(s) for modification of Court's order and stay andvacating stay and Office Report) W.P.(C) No. 714/2014(With appln.(s) for stay and vacating stay) W.P.(C) No. 754/2014(With appln.(s) for exemption from filing O.T. and stay andOffice Report) W.P.(C) No. 756/2014(With appln.(s) for directions and Office Report) S.L.P.(C)No........./2015 (CC No.7586/2014)(With appln.(s) for c/delay in filing SLP and Office Report) W.P.(C) No. 795/2014(With appln.(s) for stay and Office Report) W.P.(C) No. 849/2014(With appln.(s) for ex-parte stay and vacating interim orderand Office Report) W.P.(C) No. 838/2014(With appln.(s) for stay and vacating interim order andOffice Report) W.P.(C) No. 827/2014(With appln.(s) for ex-parte stay and Office Report) SLP(C) No. 32589/2014(With appln(s) for compliance of order and exemption fromfiling O.T. and Office Report) W.P.(C) No. 26/2015(With appln.(s) for modification and stay and Office Report) W.P.(C) No. 79/2015(With appln.(s) for extension of time and stay and Office Report) W.P.(C) No. 131/2015(With appln.(s) for extension of time and stay and Office Report) W.P.(C) No. 86/2015 11
(With appln.(s) for directions) SLP(C) No. 7694/2015(With appln.(s) for exemption from filing c/c of the impugnedjudgment and Interim Relief and Office Report) W.P.(C) No. 186/2015(With appln.(s) for stay and Office Report) W.P.(C) No. 264/2015(With appln.(s) for modification of Court's order, recallingthe Court's order, stay and vacating stay and Office Report) SLP(C) No. 29859/2010(With appln.(s) for leave to place on record the subsequentdevelopments and withdrawal and Interim Relief and Office Report)Date : 30/07/2015 These matters were called on for hearing today.CORAM : HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE KURIAN JOSEPHFor Appellant(s) Mr. Devansh A. Mohta,Adv. Mr. Shishir Deshpande,Adv. Ms. Sujata Kurdukar,Adv. Mr. Amit Yadav,Adv. Mr. Devansh A. Mohta,Adv. Mr. Gaurav Agarwal,Adv. Mr. Pratap Venugopal, Adv. Mr. Gaurav Nair, Adv. Ms. Niharika, Adv. Ms. Rashmi Singh,Adv. Mr. S. K. Kulkarni, Adv. Mr. M. Gireesh Kumar, Adv. Mr. Ankur S. Kulkarni,Adv. Mr. S. Wasim A. Qadri, Adv. Mr. Zaid Ali, Adv. Mr. Saurabh Chopra, Adv. For Mr. Lakshmi Raman Singh, Adv. Mr. Mathews J. Nedumpara,Adv. Mr. Rabin Majumder,Adv. Mr. Mobin Jacob,Adv. 12Mr. S. Sadasiva Reddy,Adv.For Ms. S. Usha Reddy,Adv.Mr. N. D. B. Raju, Adv.Mr. N. Ganpathy,Adv.Ms. Rakhi Ray,Adv.Mr. S.S. Ray,Adv.Mr. vaibhav Gulia,Adv.Mr. Jayant Kumar Mehta,Adv.Mr. Saurabh D. Karan Singh,Adv.Ms. Madhavi Khare,Adv.Mr. Renjith B. Marar,Adv.
Mr. Lakshmi N. Kaimal,Adv.Mr. K.L. Taneja,Adv.Mr. Anuj Dixit Kaushik,Adv.Mr. Satpal Singh,Adv.Mr. D.K. Chaubey,Adv.Mr. M.Y. Deshmukh,Adv.Mr. Rameshwar Prasad Goyal,Adv.Mr. Rajiv Kumar,Adv.For Ms. Kusum Chaudhary,Adv.Mr. Nipun Goel,Adv.Mr. Jatin Zaveri,Adv.Mr. Ankur Saigal, Adv.Mr. Vikrant Pachnanda, Adv.Ms. Vanshaja Shukla,Adv.Mr. Annirudh Sharma,Adv.Mr. Gaurav Agrawal,Adv.Mr. Garvesh Kabra,Adv.Mr. Vijay Kumar,Adv.Mr. Nikhil Nayyar,Adv.Ms. Anagha S. Desai,Adv.Ms. Chandan Ramamurthi,Adv.Mr. A. Venayagam Balan,Adv.Ms. Charu Mathur,Adv.Mr. H. Chandra Sekhar,Adv.Mr. Nikhil Goel,Adv.Mr. Bankey Bihari Sharma,Adv.Mr. Sarad Kumar Singhania,Adv.Mr. Harish Pandey,Adv. 13 Ms. Pragya Baghel,Adv. Mr. M.J. Paul,Adv. Mr. Anirudh Sanganeria, Adv. Mr. Mukul Kumar,Adv. Mr. E.C. Agrawala,Adv. M/s. Temple Law Firm,Advs. Ms. Garima Prashad,Adv. Mr. Atul Babasaheb Dakh,Adv. Mr. Santosh Krishnan,Adv. Mr. Vineet Bhagat,Adv. Mr. K. Krishna Kumar,Adv. Mr. Chirag M. Shroff,Adv. Mr. Yadav Narender Singh,Adv.For Respondent(s) Mr. Shekhar Naphade,Sr.Adv. Mr. Krishan Kumar, Adv. Mr. Abhay N., Adv. Mr. Vinay Navare,Adv. Mr. Satyajeet Kumar,Adv. Mr. Keshav Ranjan,Adv. Ms. Gwen K.B.,Adv. For Ms. Abha R. Sharma,Adv. Mr. B.B. Sawhney,Sr.Adv. Mr. Yashank Adhyaru,Sr.Adv. Ms. Sunita Sharma, Adv. Ms. Sadhana Sandhu,Adv. Mr. T.N. Razdan,Adv. Mr. R.K. Verma,Adv.
For Ms. Sushma Suri,Adv. Mr. Shreekant N. Terdal,Adv. Mr. Chimay Khaladkar, Adv. Mr. Deeptakirti Verma, Adv. Ms. Neha Sharma, Adv. Mr. Chand Qureshi, Adv. Mr. Ashok Kumar Juneja, Adv. For Mr. Irshad Ahmad,Adv. Mr. Shekhar Naphade,Sr.Adv. Mr. Krishan Kumar,Adv. Mr. Shekhar Naphade,Sr.Adv. Ms. Shubhangi Tuli,Adv. Mr. Shivaji M. Jadhav,Adv. M/s. S.M. Jadhav & Company,Advs. 14Mr. Arjun Krishnan,Adv.Mr. Manish Pitale, Adv.Mr. Shiv Ram Pandey, Adv.Mr. Gaurav Sharma, Adv.Mr. Prateek B., Adv.Mr. Lalit Bhasin, Adv.Ms. Nina Gupta, Adv.Mr. Mudit Sharma, Adv.For Mr. P.V. Yogeswaran, Adv.Mr. Siddhesh Kotwal,Adv.Mr. Annirudh Sharma,Adv.For Mr. Nirnimesh Dube,Adv.Mr. Kunal A. Cheema,Adv.Mr. Nishant Katneshwarkar,Adv.Mr. D. Banerjee,Adv.Mr. Jasmeet Singh, Adv.Mr. A. S. Aman, Adv.For M/s. Karanjawala & Co.,Advs.Ms. Anne Mathew,Adv.Mr. Raj Kumar Kaushik,Adv.For Mr. P.S. Sudheer,Adv.Mr. Anuj Sharma,Adv.Ms. Niharika,Adv.For M/s. K.J. John & Co.,Advs.Mr. Arun Aggarwal,Adv.Mr. Anil Rai,Adv.Mr. Sandeep Lamba,Adv.Mr. D. Bharat Kumar,Adv.Mr. Sayooj Mohandas M.,Adv.Mr. T. Baskar Gowtham,Adv.Mr. Abhijit Sengupta,Adv.Mr. Rajeev K. Panday,Adv.Mr. Rajeev Maheshwaranand Roy,Adv.Ms. Praveena Gautam,Adv.Mr. Deepak Tyagi,Adv.
Ms. Pusshp Gupta, Adv.Mr. Ankur Prakash,Adv. 15 Mr. Suresh Dutt Dobhal,Adv. Ms. Rajani K. Prasad,Adv. Mrs. N. Annapoorani, Adv. Mr. Praveen Chaturvedi,Adv. Ms. Anuradha Mutatkar,Adv. Mr. H.S. Parihar,Adv. Mr. Uday B. Dube,Adv. Mr. Niraj Sharma,Adv. Mr. M.T. George,Adv. Mr. Anil Kumar Mishra,Adv. Mr. D.M. Nargolkar,Adv. Mr. Piyush Sharma,Adv. Mr. B. Subrahmanya Prasad,Adv. Mr. V.N. Raghupathy,Adv. Mr. Rajiv Shankar Dvivedi,Adv. Ms. Hemantika Wahi,Adv. Mr. S.N. Bhat,Adv. Mr. Rajesh Mahale,Adv. Mr. Anup Jain,Adv. Mr. Aniruddha P. Mayee,Adv. UPON hearing the counsel the Court made the following O R D E RW.P. (C) 103 of 2012 The Writ Petition is disposed of as withdrawn in terms ofthe signed order.Civil Appeal No. 1468 of 2010 The Civil Appeal is disposed of in terms of the signedorder.Rest of the matters : Application of SARAFESI Act to Cooperative Banks is theissue which arises for consideration in these cases. Thenotifications issued under the SARAFESI Act and an amendmentwith regard to the Multi-State Cooperative Societies are alsounder challenge in these cases. Regarding "The Enforcement of 16Security Interest and Recovery of Debts Laws (Amendment) Act,2012", there is a three-Judge Bench decision in Greater BombayCoop. Bank Ltd. Vs. United Yarn Tex (P) Ltd. and Othersreported in (2007) 6 SCC 236, wherein a specific finding hasbeen given in paragraph 89 which reads as under :- "..........the cooperative banks performing
functions for the public with a limited commercial function as opposed to corporate banks cannot be covered by Entry 45 of List I dealing with "banking". The subject of cooperative societies is not included in the Union List rather it is covered under Entry 32 of List II of the Seventh Schedule appended to the Constitution." In paragraphs 97 and 98, it has been held as follows :- "97. For the reasons stated above and adopting pervasive and meaningful interpretation of the provisions of the relevant Statutes and Entries 43, 44 and 45 of List I and Entry 32 of List II of the Seventh Schedule of the Constitution, we answer the Reference as under:- "Co-operative banks" established under the Maharashtra Co-operative Societies Act, 1960 [MCS Act, 1960]; the Andhra Pradesh Co-operative Societies Act, 1964 [APCS Act, 1964]; and the 17 Multi-State Co-operative Societies Act, 2002 [MSCS Act, 2002] transacting the business of banking, do not fall within the meaning of "banking company" as defined in Section 5 (c) of the Banking Regulation Act, 1949 [BR Act]. Therefore, the provisions of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 [RDB Act] by invoking the Doctrine of Incorporation are not applicable to the recovery of dues by the co-operatives from their members." 98. The field of co-operative societies cannot be said to have been covered by the Central Legislation by reference to Entry 45, List I of the Seventh Schedule of the Constitution. Co-operative Banks constituted under the Co-operative Societies Acts enacted by the respective States would be covered by co-operative societies by Entry 32 of List II of Seventh Schedule of the Constitution of India" However, regarding the entry of 'banking', a contraryview is taken by three-Judge Benches of this Court in DelhiCloth & General Mills Co. Ltd. Vs. Union of India (1983) 4 SCC
166, T. Velayudhan Vs. Union of India (1993) 2 SCC 582 andUnion of India Vs. Delhi High Court Bar Association (2002) 4SCC 275. These decisions are unfortunately not referred to inGreater Bombay (Supra). 18 In the above circumstances, we feel that it would be moreappropriate if the issues raised in these WritPetitions/Special Leave Petitions/Appeals before us areconsidered by a larger Bench. In some of the cases before us, initially there was ablanket stay which we had modified subsequently to the effectthat borrowers should pay at least 50% of the current dues.The learned counsel for the Indian Banks' Association made ananxious submission that several High Courts in the country aregranting blanket stay of recovery on the basis of the earlierinterim orders passed by this Court. It would be open to the counsel concerned to bring thisfact to the notice of the High Courts concerned so thatblanket stay, if any, granted by the High Courts can bemodified appropriately in terms of the orders passed by thisCourt for payment of 50% of the current dues as a conditionfor stay/confirmation of stay. We, therefore, refer the matters to a larger Bench. TheRegistry is directed to place the matters before Hon'ble TheChief Justice of India so that the issues, as abovesaid, maybe considered and decided by a larger Bench. (Jayant Kumar Arora) (Sneh Bala Mehra) Sr. P.A. Assistant Registrar(Signed orders in WRIT PETITION (C) No. 103 OF 2012 and CIVILAPPEAL NO. 1468 OF 2010 are placed on the file)
ITEM NO.101(PH) COURT NO.3 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No(s).5674/2009 PANDURANG GANPATI CHAUGULE Appellant(s) VERSUS VISHWASRAO PATIL MURGUD SAHAKARI BANK L. Respondent(s) WITH SLP(C) No. 25930/2009 (With appln.(s) for directions and Interim Relief and Office Report) W.P.(C) No. 922/2013 (With appln.(s) for directions, permission to file addl. Documents and Office Report) W.P.(C) No. 1007/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 142/2014 (With appln. for ex-parte stay and Office Report) W.P.(C) No. 168/2014 (With appln.(s) for stay and vacating stay and Office Report) W.P.(C) No. 169/2014 (With appln.(s) for stay and vacating stay and Office Report) W.P.(C) No. 421/2014 (With appln.(s) for stay and vacating stay and Office Report) W.P.(C) No. 1020/2014 (With appln.(s) for directions and Office Report) C.A. No. 5675/2009 (With Interim Relief and Office Report) C.A. No. 5681/2009 (With Office Report) C.A. No. 5682/2009 (With Interim Relief and Office Report) C.A. No. 5684/2009 (With appln.(s) for directions and Interim Relief) 1
W.P.(C) No. 318/2010 (With appln.(s) for stay and Office Report) C.A. No. 1468/2010 (With appln.(s) for exemption from filing O.T. and vacating stay) C.A. No. 4391/2010 (With appln.(s) appln.(s) for permission to file counter affidavit and for recalling the Court's order and Office Report) C.A. No. 7410/2010 SLP(C) No. 24309/2010 W.P.(C) No. 41/2011 (With appln.(s) for stay and vacating stay and Office Report) W.P.(C) No. 220/2011 (With appln.(s) for stay and Office Report) W.P.(C) No. 293/2011 (With appln.(s) for directions and stay and Office Report) W.P.(C) No. 306/2011 (With appln.(s) for directions and stay and Office Report) W.P.(C) No. 308/2011 (With Office Report) W.P.(C) No. 338/2011 (With appln.(s) for stay and Office Report) W.P.(C) No. 375/2011 (With appln.(s) for stay and Office Report) SLP(C) No. 7295-7298/2011 (With Office Report) SLP(C) No. 22304-22305/2011 (With appln.(s) for exemption from filing c/c of the impugned judgment and Office Report) SLP(C) No. 24479-24480/2011 (With Interim Relief and Office Report) W.P.(C) No. 97/2012 (With appln.(s) for directions and stay and Office Report) W.P.(C) No. 103/2012 (With appln.(s) for directions and stay and Office Report) 2
W.P.(C) No. 122/2012 (With appln.(s) for stay and vacating stay and Office Report) W.P.(C) No. 199/2012 (With appln.(s) for stay and Office Report) W.P.(C) No. 250/2012 (With appln.(s) for stay and Office Report) W.P.(C) No. 291/2012 (With appln.(s) for ex-parte and Office Report) W.P.(C) No. 386/2012 (With appln.(s) for directions and stay and Office Report) W.P.(C) No. 487/2012 (With appln.(s) for stay and Office Report) W.P.(C) No. 537/2012 (With appln.(s) for permission to file addl. documents and stay and Office Report) W.P.(C) No. 554/2012 (With appln.(s) for directions and stay and Office Report) SLP(C) No. 24276/2012 (With Interim Relief and Office Report) W.P.(C) No. 36/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 111/2013 (With appln.(s) for directions and for modification of Court's order and stay and Office Report) W.P.(C) No. 112/2013 (With appln.(s) for directions and for modification of Court's order and stay and Office Report) W.P.(C) No. 138/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 146/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 151/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 175/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 179/2013 (With appln.(s) for stay and Office Report) 3
W.P.(C) No. 181/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 191/2013 (With appln.(s) for directions, stay and vacation of ex-parte stay and Office Report) W.P.(C) No. 192/2013 (With appln.(s) for directions and stay and Office Report) W.P.(C) No. 201/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 233/2013 (With appln.(s) for stay and substitution of respondent and Office Report) W.P.(C) No. 236/2013 (With appln.(s) for stay and substitution of respondent and Office Report) W.P.(C) No. 238/2013 (With appln.(s) for stay and substitution of respondent and Office Report) W.P.(C) No. 248/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 250/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 253/2013 (With appln.(s) for stay and vacating stay and Office Report) W.P.(C) No. 264/2013 (With appln.(s) for impleadment and stay and Office Report) W.P.(C) No. 265/2013 (With appln.(s) for directions and stay and Office Report) W.P.(C) No. 266/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 270/2013 (With appln.(s) for directions and stay and Office Report) W.P.(C) No. 271/2013 (With appln.(s) for directions and stay and Office Report) W.P.(C) No. 279/2013 (With appln.(s) for stay and Office Report) 4
W.P.(C) No. 280/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 284/2013 (With appln.(s) for impleadment and stay and Office Report) W.P.(C) No. 353/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 452/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 469/2013 (With Office Report) W.P.(C) No. 588/2013 (With appln.(s) for impleadment, impleadment as party respondent and stay and Office Report) W.P.(C) No. 753/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 758/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 761/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 762/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 800/2013 (With appln.(s) for directions and Office Report) W.P.(C) No. 819/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 877/2013 (With appln.(s) for directions and Office Report) W.P.(C) No. 1037/2013 (With appln.(s) for directions and stay and Office Report) W.P.(C) No. 1043/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 1044/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 1045/2013 (With appln.(s) for stay and Office Report) 5
SLP(C) No. 12916/2013 (With appln.(s) for extension of time and Interim Relief and Office Report) SLP(C) No. 15634-15635/2013 (With appln.(s) for c/delay in filing SLP and Office Report) SLP(C) No. 17054/2013 (With Interim Relief and Office Report) SLP(C) No. 18775/2013 (With Interim Relief and Office Report) SLP(C) No. 18777/2013 (With Interim Relief and Office Report) SLP(C) No. 29720/2013 (With Office Report) SLP(C) No. 29721/2013 (With Office Report) SLP(C) No. 35137/2013 (With appln.(s) for modification/recalling of Court's order and Interim Relief and Office Report) W.P.(C) No. 5/2014 (With appln.(s) for stay and Office Report) W.P.(C) No. 10/2014 (With appln.(s) for stay and Office Report) W.P.(C) No. 352/2014 (With appln.(s) for directions and stay and Office Report) W.P.(C) No. 408/2014 (With appln.(s) for stay and Office Report) W.P.(C) No. 420/2014 (With appln.(s) for stay and Office Report) W.P.(C) No. 492/2014 (With appln.(s) for exemption from filing O.T. and stay and Office Report) W.P.(C) No. 712/2014 (With appln.(s) for modification of Court's order and stay and vacating stay and Office Report) W.P.(C) No. 714/2014 (With appln.(s) for stay and vacating stay) 6
W.P.(C) No. 754/2014 (With appln.(s) for exemption from filing O.T. and stay and Office Report) W.P.(C) No. 756/2014 (With appln.(s) for directions and Office Report) S.L.P.(C)No........./2015 (CC No.7586/2014) (With appln.(s) for c/delay in filing SLP and Office Report) W.P.(C) No. 795/2014 (With appln.(s) for stay and Office Report) W.P.(C) No. 849/2014 (With appln.(s) for ex-parte stay and vacating interim order and Office Report) W.P.(C) No. 838/2014 (With appln.(s) for stay and vacating interim order and Office Report) W.P.(C) No. 827/2014 (With appln.(s) for ex-parte stay and Office Report) SLP(C) No. 32589/2014 (With appln(s) for compliance of order and exemption from filing O.T. and Office Report) W.P.(C) No. 26/2015 (With appln.(s) for modification and stay and Office Report) W.P.(C) No. 79/2015 (With appln.(s) for extension of time and stay and Office Report) W.P.(C) No. 131/2015 (With appln.(s) for extension of time and stay and Office Report) W.P.(C) No. 86/2015 (With appln.(s) for directions) SLP(C) No. 7694/2015 (With appln.(s) for exemption from filing c/c of the impugned judgment and Interim Relief and Office Report) W.P.(C) No. 186/2015 (With appln.(s) for stay and Office Report) W.P.(C) No. 264/2015 (With appln.(s) for modification of Court's order, recalling the Court's order, stay and vacating stay and Office Report) 7
SLP(C) No. 29859/2010 (With appln.(s) for leave to place on record the subsequent developments and withdrawal and Interim Relief and Office Report) Date : 29/07/2015 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE KURIAN JOSEPH For Appellant(s) Mr. Devansh A. Mohta,Adv. Mr. Shishir Deshpande,Adv. Ms. Sujata Kurdukar,Adv. Mr. Amit Yadav,Adv. Mr. Devansh A. Mohta,Adv. Mr. Gaurav Agarwal,Adv. Ms. Rashmi Singh,Adv. Mr. S.W.A. Qadri,Adv. Mr. Zaid Ali,Adv. Mr. Saurabh Chopra,Adv. For Mr. Lakshmi Raman Singh,Adv. Mr. Mathews J. Nedumpara,Adv. Mr. Rabin Majumder,Adv. Mr. Mobin Jacob,Adv. Mr. S. Sadasiva Reddy,Adv. For Ms. S. Usha Reddy,Adv. Ms. Rakhi Ray,Adv. Mr. S.S. Ray,Adv. Mr. vaibhav Gulia,Adv. Mr. Jayant Kumar Mehta,Adv. Mr. Saurabh D. Karan Singh,Adv. Ms. Madhavi Khare,Adv. Mr. Ankur Saigal, Adv. Mr. Vikrant Pachnanda, Adv. Mr. E.C. Agrawala, Adv. Mr. Renjith B. Marar,Adv. Mr. Lakshmi N. Kaimal,Adv. Mr. K.L. Taneja,Adv. Mr. Anuj Dixit Kaushik,Adv. Mr. Anirudh Sanganeria, Adv. Mr. Mukul Kumar, Adv. 8
Mr. Satpal Singh,Adv. Mr. D.K. Chaubey,Adv. Mr. M.Y. Deshmukh,Adv. Mr. Rameshwar Prasad Goyal,Adv. Mr. Rajiv Kumar,Adv. For Ms. Kusum Chaudhary,Adv. Mr. Nipurn Goel,Adv. Mr. Jatin Zaveri,Adv. Ms. Vanshaja Shukla,Adv. Mr. Annirudh Sharma,Adv. Mr. Gaurav Agrawal,Adv. Mr. Garvesh Kabra,Adv. Mr. Vijay Kumar,Adv. Mr. Nikhil Nayyar,Adv. Ms. Anagha S. Desai,Adv. Ms. Chandan Ramamurthi,Adv. Mr. A. Venayagam Balan,Adv. Ms. Charu Mathur,Adv. Mr. H. Chandra Sekhar,Adv. Mr. Nikhil Goel,Adv. Mr. Bankey Bihari Sharma,Adv. Mr. Sarad Kumar Singhania,Adv. Mr. Harish Pandey,Adv. Mr. N. Ganpathy,Adv. Ms. Pragya Baghel,Adv. Mr. Irshad Ahmad,Adv. Mr. M.J. Paul,Adv. Mr. Ankur S. Kulkarni,Adv. M/s. Temple Law Firm,Advs. Ms. Garima Prashad,Adv. Mr. Atul Babasaheb Dakh,Adv. Mr. Santosh Krishnan,Adv. Mr. Vineet Bhagat,Adv. Mr. K. Krishna Kumar,Adv. Mr. Chirag M. Shroff,Adv. Mr. Yadav Narender Singh,Adv. For Respondent(s) Mr. Shekhar Naphade,Sr.Adv. Mr. Vinay Navare,Adv. Mr. Satyajeet Kumar,Adv. Mr. Keshav Ranjan,Adv. Ms. Gwen K.B.,Adv. For Ms. Abha R. Sharma,Adv. 9
Mr. B.B. Sawhney,Sr.Adv. Mr. Yashank Adhyaru,Sr.Adv. Ms. Sadhana Sandhu,Adv. Mr. T.N. Razdan,Adv. Mr. R.K. Verma,Adv. For Ms. Sushma Suri,Adv. Mr. Shreekant N. Terdal,Adv. Mr. Shekhar Naphade,Sr.Adv. Mr. Krishan Kumar,Adv. Mr. Shekhar Naphade,Sr.Adv. Ms. Shubhangi Tuli,Adv. Mr. Shivaji M. Jadhav,Adv. M/s. S.M. Jadhav & Company,Advs. Mr. Arjun Krishnan,Adv. Mr. P.V. Yogeswaran,Adv. Mr. Siddhesh Kotwal,Adv. Mr. Annirudh Sharma,Adv. For Mr. Nirnimesh Dube,Adv. Mr. Kunal A. Cheema,Adv. Mr. Nishant Katneshwarkar,Adv. Mr. D. Banerjee,Adv. For M/s. Karanjawala & Co.,Advs. Ms. Anne Mathew,Adv. Mr. Raj Kumar Kaushik,Adv. For Mr. P.S. Sudheer,Adv. Mr. Anuj Sharma,Adv. Ms. Niharika,Adv. For M/s. K.J. John & Co.,Advs. Mr. Arun Aggarwal,Adv. Mr. Anil Rai,Adv. Mr. Sandeep Lamba,Adv. Mr. D. Bharat Kumar,Adv. Mr. Sayooj Mohandas M.,Adv. Mr. T. Baskar Gowtham,Adv. Mr. Abhijit Sengupta,Adv. Mr. Rajeev K. Panday,Adv. Mr. Rajeev Maheshwaranand Roy,Adv. Ms. Praveena Gautam,Adv. Mr. Deepak Tyagi,Adv. 10
Mr. Ankur Prakash,Adv. Mr. Suresh Dutt Dobhal,Adv. Ms. Rajani K. Prasad,Adv. Mr. Praveen Chaturvedi,Adv. Ms. Anuradha Mutatkar,Adv. Mr. H.S. Parihar,Adv. Mr. Uday B. Dube,Adv. Mr. Niraj Sharma,Adv. Mr. M.T. George,Adv. Ms. Praveena Gautam,Adv. Ms. N. Annapoorani,Adv. Mr. Anil Kumar Mishra,Adv. Mr. D.M. Nargolkar,Adv. Mr. Piyush Sharma,Adv. Mr. B. Subrahmanya Prasad,Adv. Mr. V.N. Raghupathy,Adv. Mr. Rajiv Shankar Dvivedi,Adv. Ms. Hemantika Wahi,Adv. Mr. S.N. Bhat,Adv. Mr. Rajesh Mahale,Adv. Mr. Anup Jain,Adv. Mr. Aniruddha P. Mayee,Adv. UPON hearing the counsel the Court made the following O R D E R WRIT PETITION (C) NO.97 OF 2012 : The writ petition is disposed of as withdrawn in terms of the signed order. Ad-interim relief, if any, granted earlier stands vacated. Rest of the matters : List the matters tomorrow, i.e., 30 th July, 2015. (Jayant Kumar Arora) (Sneh Bala Mehra) Sr. P.A. Assistant Registrar (Signed order in W.P.(C)No.97/2012 is placed on the file) 11
IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (C) NO.97 OF 2012 VIJAY PRAVIN KACHALIA & ANR. ... PETITIONER(S) VS. UNION OF INDIA & ANR. ... RESPONDENT(S) O R D E R The learned counsel appearing for the petitioners has submitted during the pendency of this petition the petitioners have amicably settled the dispute with the Respondent-Bank and therefore, he would like to withdraw the petition. Permission is granted. The writ petition is disposed of as withdrawn. Ad-interim relief, if any, granted earlier stands vacated. ..............J. [ANIL R. DAVE] ..............J. [KURIAN JOSEPH] New Delhi; 29 th July, 2015. 12
D\205 ITEM NO.101(PH) COURT NO.3 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No(s).5674/2009 PANDURANG GANPATI CHAUGULE Appellant(s) VERSUS VISHWASRAO PATIL MURGUD SAHAKARI BANK L. Respondent(s) WITH SLP(C) No. 25930/2009 (With appln.(s) for directions and Interim Relief and Office Report) W.P.(C) No. 922/2013 (With appln.(s) for directions, permission to file addl. Documents and Office Report) W.P.(C) No. 1007/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 142/2014 (With appln. for ex-parte stay and Office Report) W.P.(C) No. 168/2014 (With appln.(s) for stay and vacating stay and Office Report) W.P.(C) No. 169/2014 (With appln.(s) for stay and vacating stay and Office Report) W.P.(C) No. 421/2014 (With appln.(s) for stay and vacating stay and Office Report) W.P.(C) No. 1020/2014 (With appln.(s) for directions and Office Report) C.A. No. 5675/2009 (With Interim Relief and Office Report) C.A. No. 5681/2009 (With Office Report) C.A. No. 5682/2009 (With Interim Relief and Office Report)Signature Not VerifiedDigitally signed byJayant Kumar AroraDate: 2015.08.01 C.A. No. 5684/200912:38:50 ISTReason: (With appln.(s) for directions and Interim Relief) 1 W.P.(C) No. 318/2010(With appln.(s) for stay and Office Report) C.A. No. 1468/2010(With appln.(s) for exemption from filing O.T. and vacating stay)
C.A. No. 4391/2010(With appln.(s) appln.(s) for permission to file counteraffidavit and for recalling the Court's order and Office Report) C.A. No. 7410/2010 SLP(C) No. 24309/2010 W.P.(C) No. 41/2011(With appln.(s) for stay and vacating stay and Office Report) W.P.(C) No. 220/2011(With appln.(s) for stay and Office Report) W.P.(C) No. 293/2011(With appln.(s) for directions and stay and Office Report) W.P.(C) No. 306/2011(With appln.(s) for directions and stay and Office Report) W.P.(C) No. 308/2011(With Office Report) W.P.(C) No. 338/2011(With appln.(s) for stay and Office Report) W.P.(C) No. 375/2011(With appln.(s) for stay and Office Report) SLP(C) No. 7295-7298/2011(With Office Report) SLP(C) No. 22304-22305/2011(With appln.(s) for exemption from filing c/c of the impugnedjudgment and Office Report) SLP(C) No. 24479-24480/2011(With Interim Relief and Office Report) W.P.(C) No. 97/2012(With appln.(s) for directions and stay and Office Report) W.P.(C) No. 103/2012(With appln.(s) for directions and stay and Office Report) 2 W.P.(C) No. 122/2012(With appln.(s) for stay and vacating stay and Office Report) W.P.(C) No. 199/2012(With appln.(s) for stay and Office Report) W.P.(C) No. 250/2012(With appln.(s) for stay and Office Report) W.P.(C) No. 291/2012(With appln.(s) for ex-parte and Office Report) W.P.(C) No. 386/2012(With appln.(s) for directions and stay and Office Report) W.P.(C) No. 487/2012(With appln.(s) for stay and Office Report) W.P.(C) No. 537/2012(With appln.(s) for permission to file addl. documents and stayand Office Report)
W.P.(C) No. 554/2012(With appln.(s) for directions and stay and Office Report) SLP(C) No. 24276/2012(With Interim Relief and Office Report) W.P.(C) No. 36/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 111/2013(With appln.(s) for directions and for modification of Court'sorder and stay and Office Report) W.P.(C) No. 112/2013(With appln.(s) for directions and for modification of Court'sorder and stay and Office Report) W.P.(C) No. 138/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 146/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 151/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 175/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 179/2013(With appln.(s) for stay and Office Report) 3 W.P.(C) No. 181/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 191/2013(With appln.(s) for directions, stay and vacation of ex-parte stayand Office Report) W.P.(C) No. 192/2013(With appln.(s) for directions and stay and Office Report) W.P.(C) No. 201/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 233/2013(With appln.(s) for stay and substitution of respondent and OfficeReport) W.P.(C) No. 236/2013(With appln.(s) for stay and substitution of respondent and OfficeReport) W.P.(C) No. 238/2013(With appln.(s) for stay and substitution of respondent and OfficeReport) W.P.(C) No. 248/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 250/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 253/2013(With appln.(s) for stay and vacating stay and Office Report) W.P.(C) No. 264/2013
(With appln.(s) for impleadment and stay and Office Report) W.P.(C) No. 265/2013(With appln.(s) for directions and stay and Office Report) W.P.(C) No. 266/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 270/2013(With appln.(s) for directions and stay and Office Report) W.P.(C) No. 271/2013(With appln.(s) for directions and stay and Office Report) W.P.(C) No. 279/2013(With appln.(s) for stay and Office Report) 4 W.P.(C) No. 280/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 284/2013(With appln.(s) for impleadment and stay and Office Report) W.P.(C) No. 353/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 452/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 469/2013(With Office Report) W.P.(C) No. 588/2013(With appln.(s) for impleadment, impleadment as party respondentand stay and Office Report) W.P.(C) No. 753/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 758/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 761/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 762/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 800/2013(With appln.(s) for directions and Office Report) W.P.(C) No. 819/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 877/2013(With appln.(s) for directions and Office Report) W.P.(C) No. 1037/2013(With appln.(s) for directions and stay and Office Report) W.P.(C) No. 1043/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 1044/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 1045/2013
(With appln.(s) for stay and Office Report) 5 SLP(C) No. 12916/2013(With appln.(s) for extension of time and Interim Relief and OfficeReport) SLP(C) No. 15634-15635/2013(With appln.(s) for c/delay in filing SLP and Office Report) SLP(C) No. 17054/2013(With Interim Relief and Office Report) SLP(C) No. 18775/2013(With Interim Relief and Office Report) SLP(C) No. 18777/2013(With Interim Relief and Office Report) SLP(C) No. 29720/2013(With Office Report) SLP(C) No. 29721/2013(With Office Report) SLP(C) No. 35137/2013(With appln.(s) for modification/recalling of Court's order andInterim Relief and Office Report) W.P.(C) No. 5/2014(With appln.(s) for stay and Office Report) W.P.(C) No. 10/2014(With appln.(s) for stay and Office Report) W.P.(C) No. 352/2014(With appln.(s) for directions and stay and Office Report) W.P.(C) No. 408/2014(With appln.(s) for stay and Office Report) W.P.(C) No. 420/2014(With appln.(s) for stay and Office Report) W.P.(C) No. 492/2014(With appln.(s) for exemption from filing O.T. and stay andOffice Report) W.P.(C) No. 712/2014(With appln.(s) for modification of Court's order and stay andvacating stay and Office Report) W.P.(C) No. 714/2014(With appln.(s) for stay and vacating stay) 6 W.P.(C) No. 754/2014(With appln.(s) for exemption from filing O.T. and stay andOffice Report) W.P.(C) No. 756/2014(With appln.(s) for directions and Office Report) S.L.P.(C)No........./2015 (CC No.7586/2014)(With appln.(s) for c/delay in filing SLP and Office Report)
W.P.(C) No. 795/2014(With appln.(s) for stay and Office Report) W.P.(C) No. 849/2014(With appln.(s) for ex-parte stay and vacating interim orderand Office Report) W.P.(C) No. 838/2014(With appln.(s) for stay and vacating interim order andOffice Report) W.P.(C) No. 827/2014(With appln.(s) for ex-parte stay and Office Report) SLP(C) No. 32589/2014(With appln(s) for compliance of order and exemption fromfiling O.T. and Office Report) W.P.(C) No. 26/2015(With appln.(s) for modification and stay and Office Report) W.P.(C) No. 79/2015(With appln.(s) for extension of time and stay and Office Report) W.P.(C) No. 131/2015(With appln.(s) for extension of time and stay and Office Report) W.P.(C) No. 86/2015(With appln.(s) for directions) SLP(C) No. 7694/2015(With appln.(s) for exemption from filing c/c of the impugnedjudgment and Interim Relief and Office Report) W.P.(C) No. 186/2015(With appln.(s) for stay and Office Report) W.P.(C) No. 264/2015(With appln.(s) for modification of Court's order, recallingthe Court's order, stay and vacating stay and Office Report) 7 SLP(C) No. 29859/2010(With appln.(s) for leave to place on record the subsequentdevelopments and withdrawal and Interim Relief and Office Report)Date : 29/07/2015 These matters were called on for hearing today.CORAM : HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE KURIAN JOSEPHFor Appellant(s) Mr. Devansh A. Mohta,Adv. Mr. Shishir Deshpande,Adv. Ms. Sujata Kurdukar,Adv. Mr. Amit Yadav,Adv. Mr. Devansh A. Mohta,Adv. Mr. Gaurav Agarwal,Adv. Ms. Rashmi Singh,Adv. Mr. S.W.A. Qadri,Adv. Mr. Zaid Ali,Adv. Mr. Saurabh Chopra,Adv. For Mr. Lakshmi Raman Singh,Adv.
Mr. Mathews J. Nedumpara,Adv. Mr. Rabin Majumder,Adv. Mr. Mobin Jacob,Adv. Mr. S. Sadasiva Reddy,Adv. For Ms. S. Usha Reddy,Adv. Ms. Rakhi Ray,Adv. Mr. S.S. Ray,Adv. Mr. vaibhav Gulia,Adv. Mr. Jayant Kumar Mehta,Adv. Mr. Saurabh D. Karan Singh,Adv. Ms. Madhavi Khare,Adv. Mr. Ankur Saigal, Adv. Mr. Vikrant Pachnanda, Adv. Mr. E.C. Agrawala, Adv. Mr. Renjith B. Marar,Adv. Mr. Lakshmi N. Kaimal,Adv. Mr. K.L. Taneja,Adv. Mr. Anuj Dixit Kaushik,Adv. Mr. Anirudh Sanganeria, Adv. Mr. Mukul Kumar, Adv. 8 Mr. Satpal Singh,Adv. Mr. D.K. Chaubey,Adv. Mr. M.Y. Deshmukh,Adv. Mr. Rameshwar Prasad Goyal,Adv. Mr. Rajiv Kumar,Adv. For Ms. Kusum Chaudhary,Adv. Mr. Nipurn Goel,Adv. Mr. Jatin Zaveri,Adv. Ms. Vanshaja Shukla,Adv. Mr. Annirudh Sharma,Adv. Mr. Gaurav Agrawal,Adv. Mr. Garvesh Kabra,Adv. Mr. Vijay Kumar,Adv. Mr. Nikhil Nayyar,Adv. Ms. Anagha S. Desai,Adv. Ms. Chandan Ramamurthi,Adv. Mr. A. Venayagam Balan,Adv. Ms. Charu Mathur,Adv. Mr. H. Chandra Sekhar,Adv. Mr. Nikhil Goel,Adv. Mr. Bankey Bihari Sharma,Adv. Mr. Sarad Kumar Singhania,Adv. Mr. Harish Pandey,Adv. Mr. N. Ganpathy,Adv. Ms. Pragya Baghel,Adv. Mr. Irshad Ahmad,Adv. Mr. M.J. Paul,Adv. Mr. Ankur S. Kulkarni,Adv. M/s. Temple Law Firm,Advs. Ms. Garima Prashad,Adv. Mr. Atul Babasaheb Dakh,Adv.
Mr. Santosh Krishnan,Adv. Mr. Vineet Bhagat,Adv. Mr. K. Krishna Kumar,Adv. Mr. Chirag M. Shroff,Adv. Mr. Yadav Narender Singh,Adv.For Respondent(s) Mr. Shekhar Naphade,Sr.Adv. Mr. Vinay Navare,Adv. Mr. Satyajeet Kumar,Adv. Mr. Keshav Ranjan,Adv. Ms. Gwen K.B.,Adv. For Ms. Abha R. Sharma,Adv. 9Mr. B.B. Sawhney,Sr.Adv.Mr. Yashank Adhyaru,Sr.Adv.Ms. Sadhana Sandhu,Adv.Mr. T.N. Razdan,Adv.Mr. R.K. Verma,Adv.For Ms. Sushma Suri,Adv.Mr. Shreekant N. Terdal,Adv.Mr. Shekhar Naphade,Sr.Adv.Mr. Krishan Kumar,Adv.Mr. Shekhar Naphade,Sr.Adv.Ms. Shubhangi Tuli,Adv.Mr. Shivaji M. Jadhav,Adv.M/s. S.M. Jadhav & Company,Advs.Mr. Arjun Krishnan,Adv.Mr. P.V. Yogeswaran,Adv.Mr. Siddhesh Kotwal,Adv.Mr. Annirudh Sharma,Adv.For Mr. Nirnimesh Dube,Adv.Mr. Kunal A. Cheema,Adv.Mr. Nishant Katneshwarkar,Adv.Mr. D. Banerjee,Adv.For M/s. Karanjawala & Co.,Advs.Ms. Anne Mathew,Adv.Mr. Raj Kumar Kaushik,Adv.For Mr. P.S. Sudheer,Adv.Mr. Anuj Sharma,Adv.Ms. Niharika,Adv.For M/s. K.J. John & Co.,Advs.Mr. Arun Aggarwal,Adv.Mr. Anil Rai,Adv.Mr. Sandeep Lamba,Adv.Mr. D. Bharat Kumar,Adv.Mr. Sayooj Mohandas M.,Adv.Mr. T. Baskar Gowtham,Adv.Mr. Abhijit Sengupta,Adv.Mr. Rajeev K. Panday,Adv.Mr. Rajeev Maheshwaranand Roy,Adv.Ms. Praveena Gautam,Adv.Mr. Deepak Tyagi,Adv.
10 Mr. Ankur Prakash,Adv. Mr. Suresh Dutt Dobhal,Adv. Ms. Rajani K. Prasad,Adv. Mr. Praveen Chaturvedi,Adv. Ms. Anuradha Mutatkar,Adv. Mr. H.S. Parihar,Adv. Mr. Uday B. Dube,Adv. Mr. Niraj Sharma,Adv. Mr. M.T. George,Adv. Ms. Praveena Gautam,Adv. Ms. N. Annapoorani,Adv. Mr. Anil Kumar Mishra,Adv. Mr. D.M. Nargolkar,Adv. Mr. Piyush Sharma,Adv. Mr. B. Subrahmanya Prasad,Adv. Mr. V.N. Raghupathy,Adv. Mr. Rajiv Shankar Dvivedi,Adv. Ms. Hemantika Wahi,Adv. Mr. S.N. Bhat,Adv. Mr. Rajesh Mahale,Adv. Mr. Anup Jain,Adv. Mr. Aniruddha P. Mayee,Adv. UPON hearing the counsel the Court made the following O R D E R WRIT PETITION (C) NO.97 OF 2012 : The writ petition is disposed of as withdrawn interms of the signed order. Ad-interim relief, if any, granted earlier standsvacated. Rest of the matters : List the matters tomorrow, i.e., 30th July, 2015.(Jayant Kumar Arora) (Sneh Bala Mehra) Sr. P.A. Assistant Registrar (Signed order in W.P.(C)No.97/2012 is placed on the file) 11 IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (C) NO.97 OF 2012 VIJAY PRAVIN KACHALIA & ANR. ... PETITIONER(S) VS. UNION OF INDIA & ANR. ... RESPONDENT(S) O R D E R
The learned counsel appearing for the petitioners hassubmitted during the pendency of this petition thepetitioners have amicably settled the dispute with theRespondent-Bank and therefore, he would like to withdrawthe petition. Permission is granted. The writ petition is disposed of as withdrawn. Ad-interim relief, if any, granted earlier standsvacated. ..............J. [ANIL R. DAVE] ..............J. [KURIAN JOSEPH]New Delhi;29th July, 2015. 12
SECTION – IX IN THE SUPREME COURT OF INDIA CIVIL APPEALATTE JURISDICTION CIVIL APPEAL NOS. 5674, 5675, 5681, 5682,5684 OF 2009 WITH CIVIL APPEAL NO. 7410 OF 2010 PANDURANG GANPATI CHAUGULE ...APPELLANT VERSUS VISHWASRAO PATIL MURGUD SAHAKARI BANK L. ...RESPONDENT OFFICE REPORT The Main matter i.e. Civil Appeal No. 5674 of 2009 alongwith connected matters were listed before the Hon'ble Court on 09 th April. 2015, when the Court passed the following Order: W.P. (C) 48 of 2012 The Writ Petition is disposed of in terms of the signed order. SLP (C) NO.25126 OF 2013 : Detagged. Mr. Gagan Sanghi, learned Advocate, appearing on behalf of Mr. R.P. Goyal, learned Advocate-on-Record, has submitted that he has instruction to appear for Respondent No.-5-Bank and seeks time to file Vakalatnama and counter affidavit. He shall file vakalatnama within one week and counter affidavit within two weeks from today. Rejoinder affidavit may be filed within one week thereafter. List the matter on 06.05.2015. Till the next date of hearing, no coercive action shall be taken to recover the amount in question. SLP(C)Nos.9102, 9979 & 10476 of 2013 : Taken on board. In view of order passed in Writ Petition (c) No.48/2012, these petitions do not survive and the learned counsel for the petitioners seeks permission to withdraw the petitions. Permission is granted. The Special Leave Petitions are disposed of as withdrawn. List all the matters on 13.07.2015 at 10.30 AM (for whole day)” Service is complete in all the above matters. Counsel for both the parties have not filed statement of case. The matters above mentioned are listed before the Hon'ble Court with this Office report. Dated, this the 27 th day of July, 2015. ASSISTANT REGISTRAR
Copy to: Ms. A.S. Desai, Advocate Mr. Sudhanshu S. Choudhari, Advocate Mr. H.S. Parihar, Advocate Mr. A.P. Mayee, Advocate Ms. Abha R. Sharma , Advocate Mr. Rameshwar Prasad Goyal, Advocate Mr. Uday B. Dube, Advocate Mr. N.R. Rao, Advocate Mr. Gaurav Agrawal, Advocate Mr. Nikhil Nayyar, Advocate Mr. C.S. Ashri, Advocate Ms. Sushma Suri, Advocate Mr. Sunil Kumar Verma, Advocate Mr. Chandana Ramamurthi, Advocate Mr. Vimal Chandra S. Dave, Advocate ASSISTANT REGISTRAR
Suppl. Listed on : 28.7.2015 Court No. 3 Item No. 101 SECTION XIA IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No. 4391 of 2010 AND INTERLOCUTORY APPLICATION NO. 3 (Application for recalling the Court's Order dated 18.2.2015) WITH SLP (C) No. 12916 OF 2013 A.P. Varghese Etc. ...Appellants Versus Kerala State Coop. Bank Ltd. & Ors. Etc. ...Respondents OFFICE REPORT The matter alongwith connected matter was listed before the Hon'ble Court on 09.04.2015, when the Court interalia pleased to pass the following order: “xxxxxxxxxxxxxx List all the matters on 13.07.2015 at 10.30 AM (for whole day).” CIVIL APPEAL No. 4391 of 2010 It is submitted that Mr. K. L. Taneja, Advocate for Appellant has on 30.03.2015 filed application for recalling Court's order dated 18.2.2015 and the same has been registered as I.A. no. 3 (copy of the same is being circulated for the kind perusal of the Hon'ble Court). There are three Respondents in the matter abovementioned. Respondent Nos.1 & 2 are represented by Mr. M.T. George, Advocate. Respondent No. 3 has been served through High Court. Service of notice of lodgment of petition of appeal is complete. As per the directions, Original record has been returned to the concerned High Court. It is further submitted that counsel for both parties have not filed statement of case so far. ...2/
2 SLP (C) No. 12916 OF 2013 There are three Respondents in the matter abovementioned. Respondent No.1 served with notice but no appearance filed. Neither A.D cards nor unserved covers containing showcause notice has been received back in respect of unserved Respondent Nos. 2 & 3 so far. Service of showcause notice is not complete on Respondent Nos. 2 & 3. The matters alongwith application above mentioned is listed before the Hon'ble Court with this Office report. Dated this the 25 th day of July, 2015. Sd/ ASSISTANT REGISTRAR
REVISED ITEM NO.50 COURT NO.3 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS I.A.No.3/2015 in Writ Petition (C) No(s).111/2013 NEW MARIA TRANSPORT & ORS. Petitioner(s) VERSUS UNION OF INDIA & ORS. Respondent(s) (For modification of Court's order and office report) WITH I.A.No.3/2015 in W.P.(C)No.112/2013 (For modification of Court's Order and office report) Date : 24/07/2015 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE KURIAN JOSEPH For Petitioner(s) Mr. Pallav Shishodia,Sr.Adv. Mr. R.N. Singh,Adv. Mr. Rajiv Kumar,Adv. For Ms. Kusum Chaudhary,Adv. For Respondent(s) Ms. Vibha Datta Makhija,Sr.Adv. Ms. Rashmi Singhania,Ad.v Mr. Praveen Chaturvedi,Adv. UPON hearing the counsel the Court made the following O R D E R Mr. Praveen Chaturvedi, learned Advocate-on-Record, waives notice and seeks time to file reply. Reply to I.A. No.3/2015 in both the matters to be filed within one week from today. List the matters on 7 th August, 2015. (Sarita Purohit) (Sneh Bala Mehra) Court Master Assistant Registrar
ITEM NO.50 COURT NO.3 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS I.A.No.3/2015 in Writ Petition (C) No(s).111/2013 NEW MARIA TRANSPORT & ORS. Petitioner(s) VERSUS UNION OF INDIA & ORS. Respondent(s) (For modification of Court's order and office report) Date : 24/07/2015 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE KURIAN JOSEPH For Petitioner(s) Mr. Pallav Shishodia,Sr.Adv. Mr. R.N. Singh,Adv. Mr. Rajiv Kumar,Adv. For Ms. Kusum Chaudhary,Adv. For Respondent(s) Ms. Vibha Datta Makhija,Sr.Adv. Ms. Rashmi Singhania,Ad.v Mr. Praveen Chaturvedi,Adv. UPON hearing the counsel the Court made the following O R D E R Ms. Kusum Chaudhary, learned Advocate-on-Record, waives notice and seeks time to file reply. Reply to I.A. No.3/2015 to be filed within one week from today. List the matter on 7 th August, 2015. (Sarita Purohit) (Sneh Bala Mehra) Court Master Assistant Registrar
ITEM NO.802 COURT NO.3 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS I.A.No. 3 of 2015 in Writ Petition(s)(Civil) No(s). 112/2013 CPEC ENGG. LTD., & ORS. Petitioner(s) VERSUS UNION OF INDIA & ORS. Respondent(s) Date : 21/07/2015 This petition was mentioned today. CORAM : HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE KURIAN JOSEPH HON'BLE MR. JUSTICE AMITAVA ROY For Petitioner(s) Mr. R. N. Singh, Adv. (Mentioned by) Mr. Rajiv Kumar, Adv. For Ms. Kusum Chaudhary, Adv. For Respondent(s) UPON hearing counsel the Court made the following O R D E R List on 24.07.2015. (Jayant Kumar Arora) Sr. P.A. (Sneh Bala Mehra) Assistant Registrar
ITEM NO.801 COURT NO.3 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS I.A.No. 3 of 2015 in Writ Petition(s)(Civil) No(s). 111/2013 NEW MARIA TRANSPORT & ORS. Petitioner(s) VERSUS UNION OF INDIA & ORS. Respondent(s) Date : 21/07/2015 This petition was mentioned today. CORAM : HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE KURIAN JOSEPH HON'BLE MR. JUSTICE AMITAVA ROY For Petitioner(s) Mr. R. N. Singh, Adv. (Mentioned by) Mr. Rajiv Kumar, Adv. For Ms. Kusum Chaudhary, Adv. For Respondent(s) UPON being mentioned by counsel the Court made the following O R D E R List on 24.07.2015. (Jayant Kumar Arora) Sr. P.A. (Sneh Bala Mehra) Assistant Registrar
1 ITEM NO.52 COURT NO.3 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition(s)(Civil) No(s). 40/2014 BRIAN HILLARY CASTELINO Petitioner(s) VERSUS U.O.I & ORS. Respondent(s) (with appln. (s) for recalling the court's order and vacating stay and office report) Date : 16/07/2015 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE KURIAN JOSEPH For Petitioner(s) Mrs. S. Usha Reddy, Adv. (Not Present) For Respondent(s) Mr. Rajeev K. Pandey, Adv. For Mr. Rajeev Maheshwaranand Roy, Adv. UPON hearing counsel the Court made the following O R D E R I.A.No. 2 In view of the order passed in the matter on 18.02.2015, this application has become infructuous and is disposed of as such. I.A.No. 3 The learned counsel for the applicant is not present. The learned counsel appearing for the respondent-Bank has submitted that in spite of order dated 18.02.2015 passed in the matter, the applicant-petitioner has not made any payment and, therefore, there is no interim order which is subsisting at present.
2 In view of the above, I.A. No. 3 is dismissed. Writ Petition No. 40 of 2014 The learned counsel for the petitioner is not present. List the matter in due course. (Jayant Kumar Arora) Sr. P.A. (Sneh Bala Mehra) Assistant Registrar
ITEM NO.5 COURT NO.3 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS I.A.Nos.2/2015 & 4/2015 in Writ Petition (C) No(s).264/2015 RAJINI BRIAN CASTELLINO Petitioner(s) VERSUS UNION OF INDIA AND ORS. Respondent(s) (For vacating stay and recalling Court's Order and office report) WITH W.P.(C)No.40/2014 (With appln.(s) for recalling the Court's Order and appln.(s) for vacating stay and Office Report) Date : 10/07/2015 This application was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE R.K. AGRAWAL For Petitioner(s) Mr. M.J. Nedumpara,Adv. Mr. Nishant S.,Adv. Mr. Joydeep Mukherjee,Adv. Mr. Rabin Majumder,Adv. Mrs. S. Usha Reddy,Adv. For Respondent(s) Mr. Arun Aggarwal,Adv. Mr. Anil Rai,Adv. Mr. Sandeep Lamba,Adv. Mr. Rajeev K. Panday,Adv. Mr. Rajeev Maheshwaranand Roy,Adv. UPON hearing the counsel the Court made the following O R D E R I.A.No.2/2015 in WP(C)No.264/2015 : It has been submitted by the learned counsel appearing for the respondent-Bank that the order of this Court's dated 6 th May, 2015 has not been complied with by the petitioner as 25% of the amount, which was payable within six weeks from 6.5.2015, has not been paid and the said fact has not been disputed by the learned counsel
for the petitioner. In view of the above fact, the ad-interim relief granted on 6 th May, 2015 is vacated. I.A.No.2 is disposed of accordingly. W.P.No.40/2015 : List the matter on 16 th July, 2015. (Sarita Purohit) (Sneh Bala Mehra) Court Master Assistant Registrar
MATTER FOR 10.07.2015 COURT NO.3 ITEM NO.4 SEC-X IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION INTERLOCUTORY APPLICATION NO S . 2 & 4 (APPLICATION FOR VACATING STAY AND RECALLING THE COURT'S ORDER DATED 23.06.2015 RESPECTIVELY) IN WRIT PETITION (CIVIL) NO. 264 OF 2015 (UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA) AND WRIT PETITION (CIVIL) NO. 40 OF 2014 (UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA) AND INTERLOCUTORY APPLICATION NOS. 1 & 3 (APPLICATION FOR DIRECTIONS & RECALLING THE COURT'S ORDER DATED 18.02.2015 RESPECTIVELY) RAJINI BRIAN CASTELLINO ETC. ...PETITIONERS -VERSUS- UNION OF INDIA & ORS. ...RESPONDENTS OFFICE – REPORT W.P.(C) No.264 of 2015 It is submitted that I.A. No.2 (Application for vacating stay) in Writ Petition(C) No.264 of 2015 was listed before the Hon'ble Court with office report dated 30.06.2015, when the Court was pleased to pass the following order: " List on 10.07.2015 along with Writ Petition(C) No. 40 of 2014.” It is further submitted that Mr. Rabin Majumder, Advocate for the petitioner has on 3.7.2015 filed an application for recalling the order dated 23.06.2015 and the same has been registered as I.A. No.4. It is further submitted that Mr. Rabin Majumder, Advocate for the petitioner has not filed proof of service after serving the copy of the petition on Mr. Arun Agrawal, Advocate for respondent Nos.5 & 6, despite letter of Advocate dated 3.7.2015. W.P.(C) No.40 of 2014 It is submitted that the Writ Petition above-mentioned was mentioned before the Hon'ble Court on 21.01.2014, when the Court was pleased to pass the following order:
-2- "Taken on Board. Issue notice. Tag with Civil Appeal No. 5680 of 2009. In the meantime, the respondent-Bank shall remain restrained from proceeding further under the provisions of the Securitizaion and Reconstruction of Financial Assets and Enforcement of Security Interest, 2002 (Sarfasi Act, 2002) as far as the petitioner is concerned.” It is further submitted that in pursuant of the aforesaid order, notice has been issued to all the four respondents by speed post copy endorsed to their standing counsel for information. Mr. Rajiv M. Ray, Advocate has entered appearance on behalf of respondent No. 2 but counter affidavit has not been filed. No one has entered appearance on behalf of Respondent Nos. 1, 3 & 4 though served with notice by speed post. Ms. Usha Reddy, Advocate for the petitioner has filed an interlocutory application for recalling the order dated 18.02.2015 and is registered as I.A. No.3. (Copy is placed below with the paper books of Writ Petition.) Service of notice is complete by way of speed post. As the matters are on board, hence this Office Report. Dated this the 8th day of July, 2015. ASSISTANT REGISTRAR Copy to: Mr. Rabin Majumder, Advocate Mr. Rajeev M. Roy, Advocate Mr. Arun Aggarwal, Advocate Ms. S. Usha Reddy, Advocate ASSISTANT REGISTRAR
è ITEM NO.5 COURT NO.3 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS I.A.Nos.2/2015 & 4/2015 in Writ Petition (C) No(s).264/2015 RAJINI BRIAN CASTELLINO Petitioner(s) VERSUS UNION OF INDIA AND ORS. Respondent(s) (For vacating stay and recalling Court's Order and office report) WITH W.P.(C)No.40/2014 (With appln.(s) for recalling the Court's Order and appln.(s) for vacating stay and Office Report) Date : 10/07/2015 This application was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE R.K. AGRAWAL For Petitioner(s) Mr. M.J. Nedumpara,Adv. Mr. Nishant S.,Adv. Mr. Joydeep Mukherjee,Adv. Mr. Rabin Majumder,Adv. Mrs. S. Usha Reddy,Adv. For Respondent(s) Mr. Arun Aggarwal,Adv. Mr. Anil Rai,Adv. Mr. Sandeep Lamba,Adv. Mr. Rajeev K. Panday,Adv. Mr. Rajeev Maheshwaranand Roy,Adv. UPON hearing the counsel the Court made the following O R D E R I.A.No.2/2015 in WP(C)No.264/2015 : It has been submitted by the learned counsel appearing for the respondent-Bank that the order of thisSignature Not Verified Court's dated 6th May, 2015 has not been complied with byDigitally signed bySarita PurohitDate: 2015.07.1413:45:36 IST the petitioner as 25% of the amount, which was payableReason: within six weeks from 6.5.2015, has not been paid and the said fact has not been disputed by the learned counselfor the petitioner. In view of the above fact, the ad-interim reliefgranted on 6th May, 2015 is vacated. I.A.No.2 is disposedof accordingly.
W.P.No.40/2015 : List the matter on 16th July, 2015.(Sarita Purohit) (Sneh Bala Mehra) Court Master Assistant Registrar
ITEM NO.55 COURT NO.3 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS I.A.No. 2 in Writ Petition(s)(Civil) No(s). 264/2015 RAJINI BRIAN CASTELLINO Petitioner(s) VERSUS UNION OF INDIA AND ORS. Respondent(s) (with appln. (s) for stay and vacating stay and office report) Date : 03/07/2015 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE V. GOPALA GOWDA For Petitioner(s) Mr. Rabin Majumder, Adv. Mr. Joydeep Mukherjee, Adv. For Respondent(s) Mr. Arun Aggarwal, Adv. Ms. Shalu Lal, Adv. Mr. Anil Rai, Adv. Mr. Sandeep Lamba, Adv. Mr. Rajeev K. Pandey, Adv. Mr. Rajeev Maheshwaranand Roy, Adv. UPON hearing counsel the Court made the following O R D E R List on 10.07.2015 along with Writ Petition (C) No. 40 of 2014. (Jayant Kumar Arora) Sr. P.A. (Sneh Bala Mehra) Assistant Registrar
ITEM NO.8 COURT NO.12 SECTION III S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C)...... CC No. 11236/2014 (Arising out of impugned final judgment and order dated 22/04/2013 in SCA No. 1730/2012 passed by the High Court Of Gujarat At Ahmedabad) U.O.I.& ORS. Petitioner(s) VERSUS AMRUTABHAI HARAJIBHAI PATEL & ORS. Respondent(s) (With appln. (s) for c/delay in filing SLP and office report) Date : 03/07/2015 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE A.K. SIKRI HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN For Petitioner(s) Ms. Indu Malhotra, Sr. Adv. Ms. Kiran Bhardwaj, Adv. Ms. Sushma Suri, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Issue notice on the application for condonation of delay as well as on the special leave petition. The matter to be heard along with other connected matters particulars whereof are given at page (B) and (C) of the synopsis of the petition, viz., Civil Appeal No. 5680 of 2009 and other connected matters. (Nidhi Ahuja) (Suman Jain) COURT MASTER COURT MASTER
LISTED ON : 03.07.2015 BEFORE COURT NO.: 12 ITEM NO.: 08 SECTIONIX IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION INTERLOCUTARY APPLICATION NO. 1 (Applications for condonation of delay in filing SLP) IN PETITION FOR SPECIAL LEAVE TO APPEAL (CIVIL)...CC NO. 11236 OF 2014 WITH PRAYER FOR INTERIM RELEIF UNION OF INDIA & ORS. ...PETITIONERS VERSUS AMRIT BHAI HARI BHAI PATEL & ORS . ..RESPONDENTS OFFICE REPORT It is submitted for information of the Hon'ble Court that there is delay of 276 days in filing the Special Leave Petition against Judgment and Order dated 22/04/2013 in SCA No. 1730 of 2012 passed by the High Court of Bombay Bench at Nagpur. It is further submitted that SLP(C) No. 17054 of 2013 (main matter Civil Appeal No. 5674 of 2009) arising out of common order is pending before the Hon'ble Court.(copy of Court's order dated 09/04/2015 is enclosed) It is lastly submitted that counsel for the petitioner has filed requisite notification dated 28/01/2003 and regarding requisite copy of decree dated 29/10/2014 and 09/04/2009 filed a letter dated 20/11/2014 stating therein that the said orders are not related to the issue under the challenge in subject SLP. (copy of the notification along with letter is being circulated before the Hon'ble Court. The matters above mentioned are listed before the Hon'ble Court with this report. Dated this the 2 nd day of July, 2015. ASSISTANT REGISTRAR Copy to: Ms. Sushma Suri, Advocate ASSISTANT REGISTRAR DK
MATTER FOR COURT NO. ITEM NO. SEC-X IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION INTERLOCUTORY APPLICATION NO. 2 (APPLICATION FOR VACATING STAY) IN WRIT PETITION (CIVIL) NO. 264 OF 2015 (UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA) RAJINI BRIAN CASTELLINO ...PETITIONER -VERSUS- UNION OF INDIA & ORS. ...RESPONDENTS OFFICE – REPORT It is submitted that t he application in the Writ Petition above-mentioned was listed before the court on 15.05.2015, when the court was pleased to pass the following order: " The original petitioner shall file reply this application within four weeks from today. List the matter on 3 rd July, 2015. Ad-interim granted earlier is modified to the effect that the official liquidator is permitted to proceed with the liquidation proceedings.” Accordingly certified copy has been issued to all the respondents. Counsel for the petitioner has not filed requisite reply so far. It is submitted in pursuant of order dated 6.5.2015, notice has been issued returnable for 13.07.2015 to all the seven respondents by speed post. M/s Rajeev M. Roy & Arun Aggarwal, Advocates have entered appearance on behalf of Respondent Nos.3, 5 and 6 respectively. MR.Rajeev M. Roy, Advocate has on 29.6.2015 filed Couunter Affidavit on behalf of Respondent No.3 in Writ Petition (Copy is being circulated herewith).Respondent Nos. 1,2,4 and 7 have been served by Speed Post. Service of notice is complete. As the matter is on board, hence this Office Report. Dated this the 30th day of June, 2015. ASSISTANT REGISTRAR Copy to: Mr. Rabin Majumder, Advocate Mr. Rajeev M. Roy, Advocate Mr. Arun Aggarwal, Advocate ASSISTANT REGISTRAR
p ITEM NO.8 COURT NO.12 SECTION III S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C)...... CC No. 11236/2014 (Arising out of impugned final judgment and order dated 22/04/2013 in SCA No. 1730/2012 passed by the High Court Of Gujarat At Ahmedabad) U.O.I.& ORS. Petitioner(s) VERSUS AMRUTABHAI HARAJIBHAI PATEL & ORS. Respondent(s) (With appln. (s) for c/delay in filing SLP and office report) Date : 03/07/2015 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE A.K. SIKRI HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN For Petitioner(s) Ms. Indu Malhotra, Sr. Adv. Ms. Kiran Bhardwaj, Adv. Ms. Sushma Suri, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Issue notice on the application for condonation of delay as well as on the special leave petition. The matter to be heard along with other connected matters particulars whereof are given at page (B) and (C) of the synopsis of the petition, viz., Civil Appeal No. 5680 of 2009 and other connected matters. (Nidhi Ahuja) (Suman Jain)Signature Not Verified COURT MASTER COURT MASTERDigitally signed byMeenakshi KohliDate: 2015.07.0413:30:33 ISTReason:
L ITEM NO.55 COURT NO.3 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS I.A.No. 2 in Writ Petition(s)(Civil) No(s). 264/2015 RAJINI BRIAN CASTELLINO Petitioner(s) VERSUS UNION OF INDIA AND ORS. Respondent(s) (with appln. (s) for stay and vacating stay and office report) Date : 03/07/2015 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE V. GOPALA GOWDA For Petitioner(s) Mr. Rabin Majumder, Adv. Mr. Joydeep Mukherjee, Adv. For Respondent(s) Mr. Arun Aggarwal, Adv. Ms. Shalu Lal, Adv. Mr. Anil Rai, Adv. Mr. Sandeep Lamba, Adv. Mr. Rajeev K. Pandey, Adv. Mr. Rajeev Maheshwaranand Roy, Adv. UPON hearing counsel the Court made the following O R D E R List on 10.07.2015 along with Writ Petition (C) No. 40 of 2014. (Jayant Kumar Arora) (Sneh Bala Mehra) Sr. P.A. Assistant RegistrarSignature Not VerifiedDigitally signed byJayant Kumar AroraDate: 2015.07.0412:04:07 ISTReason:
ITEM NO.1 COURT NO.4 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS I.A. 3/2015 in Writ Petition(s)(Civil) No(s).264/2015 RAJINI BRIAN CASTELLINO Petitioner(s) VERSUS UNION OF INDIA AND ORS. Respondent(s) (for modification of court's order and office report) Date : 23/06/2015 This application was called on for hearing today. CORAM : HON'BLE MR. JUSTICE M.Y. EQBAL HON'BLE MR. JUSTICE ARUN MISHRA [Vacation Bench] For Petitioner(s) Mr. M.. Nedumpara, Adv. Mr. A.C. Philip, Adv. Mr. Nishant Sangle, Adv. Mr. Rabin Majumder, AOR For Respondent(s) Mr. Arun Aggarwal, AOR Mr. Rajeev K. Panday, Adv. Mr. Rajeev Maheshwaranand Roy, AOR UPON hearing the counsel the Court made the following O R D E R We do not find any reason to further modify the order dated 15.05.2015. Application for modification of order dated 15.05.2015 is, accordingly, dismissed. (SANJAY KUMAR-I) (RENU DIWAN) COURT MASTER COURT MASTER
ì ITEM NO.1 COURT NO.4 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS I.A. 3/2015 in Writ Petition(s)(Civil) No(s).264/2015 RAJINI BRIAN CASTELLINO Petitioner(s) VERSUS UNION OF INDIA AND ORS. Respondent(s) (for modification of court's order and office report) Date : 23/06/2015 This application was called on for hearing today. CORAM : HON'BLE MR. JUSTICE M.Y. EQBAL HON'BLE MR. JUSTICE ARUN MISHRA [Vacation Bench] For Petitioner(s) Mr. M.. Nedumpara, Adv. Mr. A.C. Philip, Adv. Mr. Nishant Sangle, Adv. Mr. Rabin Majumder, AOR For Respondent(s) Mr. Arun Aggarwal, AOR Mr. Rajeev K. Panday, Adv. Mr. Rajeev Maheshwaranand Roy, AOR UPON hearing the counsel the Court made the following O R D E R We do not find any reason to further modify the order dated 15.05.2015. Application for modification of order dated 15.05.2015 is, accordingly, dismissed.Signature Not VerifiedDigitally signed bySanjay KumarDate: 2015.06.2315:12:07 ISTReason: (SANJAY KUMAR-I) (RENU DIWAN) COURT MASTER COURT MASTER
ITEM NO.802 COURT NO.4 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS I.A. No...../2015 in Writ Petition (Civil) No.264 of 2015 RAJINI BRIAN CASTELLINO Petitioner(s) VERSUS UNION OF INDIA AND ORS. Respondent(s) (Appln.(s) for modification of order dated 15/05/2015) Date : 22/06/2015 This petition was MENTIONED today. CORAM : HON'BLE MR. JUSTICE M.Y. EQBAL HON'BLE MR. JUSTICE ARUN MISHRA (VACATION BENCH) For Petitioner(s) Mr. Mathews Nedumpara, Adv. (Mentioned by) Mr. Rabin Majumder, AOR For Respondent(s) UPON being mentioned the Court made the following O R D E R On mentioning, the matter is taken on Board. List the interlocutory application tomorrow (23.06.2015). (Chetan Kumar) Court Master (Renu Diwan) Court Master
è ITEM NO.802 COURT NO.4 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS I.A. No...../2015 in Writ Petition (Civil) No.264 of 2015 RAJINI BRIAN CASTELLINO Petitioner(s) VERSUS UNION OF INDIA AND ORS. Respondent(s) (Appln.(s) for modification of order dated 15/05/2015) Date : 22/06/2015 This petition was MENTIONED today. CORAM : HON'BLE MR. JUSTICE M.Y. EQBAL HON'BLE MR. JUSTICE ARUN MISHRA (VACATION BENCH) For Petitioner(s) Mr. Mathews Nedumpara, Adv. (Mentioned by) Mr. Rabin Majumder, AOR For Respondent(s) UPON being mentioned the Court made the following O R D E R On mentioning, the matter is taken on Board. List the interlocutory application tomorrow (23.06.2015). (Chetan Kumar) (Renu Diwan) Court Master Court MasterSignature Not VerifiedDigitally signed byChetan KumarDate: 2015.06.2215:17:23 ISTReason:è ITEM NO.802 COURT NO.4 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS I.A. No...../2015 in Writ Petition (Civil) No.264 of 2015 RAJINI BRIAN CASTELLINO Petitioner(s) VERSUS UNION OF INDIA AND ORS. Respondent(s) (Appln.(s) for modification of order dated 15/05/2015)
Date : 22/06/2015 This petition was MENTIONED today. CORAM : HON'BLE MR. JUSTICE M.Y. EQBAL HON'BLE MR. JUSTICE ARUN MISHRA (VACATION BENCH) For Petitioner(s) Mr. Mathews Nedumpara, Adv. (Mentioned by) Mr. Rabin Majumder, AOR For Respondent(s) UPON being mentioned the Court made the following O R D E R On mentioning, the matter is taken on Board. List the interlocutory application tomorrow (23.06.2015). (Chetan Kumar) (Renu Diwan) Court Master Court MasterSignature Not VerifiedDigitally signed byChetan KumarDate: 2015.06.2215:17:23 ISTReason:
ITEM NO.1 COURT NO.4 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS I.A.NO...../2015 in Writ Petition(s)(Civil) No(s).386/2012 RAMESH PARSHURAM JADHAV Petitioner(s) VERSUS UNION OF INDIA & ORS. Respondent(s) (for directions and office report) Date : 17/06/2015 This application was called on for hearing today. CORAM : HON'BLE MR. JUSTICE R.K. AGRAWAL HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE [Vacation Bench] For Petitioner(s) Ms. Sujata Kurdukar, AOR For Respondent(s) Mr. Vinay Navare, Adv. Ms. Abha R. Sharma, AOR UPON hearing the counsel the Court made the following O R D E R As the writ petition is listed on 13 th July, 2015, post the application also on 13 th July, 2015 along with the main matter. (SANJAY KUMAR-I) (TAPAN KUMAR CHAKRABORTY) COURT MASTER COURT MASTER
ä ITEM NO.1 COURT NO.4 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS I.A.NO...../2015 in Writ Petition(s)(Civil) No(s).386/2012 RAMESH PARSHURAM JADHAV Petitioner(s) VERSUS UNION OF INDIA & ORS. Respondent(s) (for directions and office report) Date : 17/06/2015 This application was called on for hearing today. CORAM : HON'BLE MR. JUSTICE R.K. AGRAWAL HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE [Vacation Bench] For Petitioner(s) Ms. Sujata Kurdukar, AOR For Respondent(s) Mr. Vinay Navare, Adv. Ms. Abha R. Sharma, AOR UPON hearing the counsel the Court made the following O R D E R As the writ petition is listed on 13th July, 2015, post the application also on 13th July, 2015 along with the main matter. (SANJAY KUMAR-I) (TAPAN KUMAR CHAKRABORTY) COURT MASTER COURT MASTERSignature Not VerifiedDigitally signed bySanjay KumarDate: 2015.06.1712:26:55 ISTReason:
ITEM NO.803 COURT NO.4 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS IA No..... of 2015 in Writ Petition(Civil) No. 386/2012 RAMESH PARSHURAM JADHAV Petitioner(s) VERSUS UNION OF INDIA & ORS. Respondent(s) (For..........) Date : 15/06/2015 This Application was mentioned today. CORAM : HON'BLE MR. JUSTICE R.K. AGRAWAL HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE [VACATION BENCH] For Petitioner(s) Ms. Sujata Kurdukar, A.O.R.(NP) For Applicant (s) Mr. rajat Sehgal, Adv. Mr. Vikas Mehta, A.O.R. For Respondent(s) UPON hearing counsel the Court made the following O R D E R List this application on 17 th June, 2015. [KALYANI GUPTA] COURT MASTER [TAPAN KUMAR CHAKRABORTY] COURT MASTER
ø ITEM NO.803 COURT NO.4 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS IA No..... of 2015 in Writ Petition(Civil) No. 386/2012 RAMESH PARSHURAM JADHAV Petitioner(s) VERSUS UNION OF INDIA & ORS. Respondent(s) (For..........) Date : 15/06/2015 This Application was mentioned today. CORAM : HON'BLE MR. JUSTICE R.K. AGRAWAL HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE [VACATION BENCH] For Petitioner(s) Ms. Sujata Kurdukar, A.O.R.(NP) For Applicant (s) Mr. rajat Sehgal, Adv. Mr. Vikas Mehta, A.O.R. For Respondent(s) UPON hearing counsel the Court made the following O R D E R List this application on 17th June, 2015. [KALYANI GUPTA] [TAPAN KUMAR CHAKRABORTY] COURT MASTER COURT MASTERSignature Not VerifiedDigitally signed byKalyani GuptaDate: 2015.06.1514:28:58 ISTReason:
ITEM NO.63 COURT NO.3 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS I.A.No.2 in Writ Petition (C) No.264/2015 RAJINI BRIAN CASTELLINO Petitioner(s) VERSUS UNION OF INDIA AND ORS. Respondent(s) (With appln.(s) for vacating stay and office report) Date : 15/05/2015 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE R.K. AGRAWAL For Petitioner(s) Mr. Mathews Nedupara,Adv. Mr. Joydeep Mukherjee,Adv. For Mr. Rabin Majumder,Adv. For Respondent(s) Mr. Rajeev K. Panday,Adv. Mr. Rajeev Maheshwaranand Roy,Adv. UPON hearing the counsel the Court made the following O R D E R The original petitioner shall file reply this application within four weeks from today. List the matter on 3rd July, 2015. Ad-interim granted earlier is modified to the effect that the official liquidator is permitted to proceed with the liquidation proceedings. (Sarita Purohit) (Sneh Bala Mehra) Court Master Assistant RegistrarSignature Not VerifiedDigitally signed bySarita PurohitDate: 2015.05.1810:56:38 ISTReason:
ITEM NO.3 COURT NO.3 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS I.A.No. 2 in Writ Petition(s)(Civil) No(s). 131/2015 JAYANTI VARAD ULLAL Petitioner(s) VERSUS BHARAT CO OPERATIVE BANK (MUMBAI) LTD. AND ANR Respondent(s) (for extension of time and office report) Date : 14/05/2015 This application was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE PINAKI CHANDRA GHOSE For Petitioner(s) Mr. Yadav Narender Singh, Adv. (Appearance not given despite request) For Respondent(s) Mr. Sanjiv Sen, Sr. Adv. Mr. Debmalya Banerjee, Adv. Mr. Jasmeet Singh, Adv. Ms. Jaimeet Saran, Adv. Ms. Jyotika Jain, Adv. Mr. Manik Karanjawala, Adv. For M/s. Karanjawala & Co. UPON hearing counsel the Court made the following O R D E R Looking at the averments made in the application, we find no reason to entertain this application. I.A.No. 2 is, accordingly, rejected. (Jayant Kumar Arora) Sr. P.A. (Sneh Bala Mehra) Assistant Registrar
ITEM NO.804 COURT NO.3 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS I.A.No. 2 In Writ Petition(s)(Civil) No(s). 264/2015 RAJINI BRIAN CASTELLINO Petitioner(s) VERSUS UNION OF INDIA AND ORS. Respondent(s) (for vacating stay) Date : 14/05/2015 This application was mentioned today. CORAM : HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE PINAKI CHANDRA GHOSE For Petitioner(s) Mr. Rabin Majumder, Adv. For Respondent(s) Mr. Rajeev Pandey, Adv. (Mentioned by) for Mr. Rajeev M. Roy, Adv. (For Respondent No. 3) UPON being mentioned by counsel the Court made the following O R D E R List the application tomorrow i.e. on 15.05.2015. (Jayant Kumar Arora) Sr. P.A. (Sneh Bala Mehra) Assistant Registrar
J ITEM NO.804 COURT NO.3 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS I.A.No. 2 In Writ Petition(s)(Civil) No(s). 264/2015 RAJINI BRIAN CASTELLINO Petitioner(s) VERSUS UNION OF INDIA AND ORS. Respondent(s) (for vacating stay) Date : 14/05/2015 This application was mentioned today. CORAM : HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE PINAKI CHANDRA GHOSE For Petitioner(s) Mr. Rabin Majumder, Adv. For Respondent(s) Mr. Rajeev Pandey, Adv. (Mentioned by) for Mr. Rajeev M. Roy, Adv. (For Respondent No. 3) UPON being mentioned by counsel the Court made the following O R D E R List the application tomorrow i.e. on 15.05.2015. (Jayant Kumar Arora) (Sneh Bala Mehra) Sr. P.A. Assistant RegistrarSignature Not VerifiedDigitally signed byJayant Kumar AroraDate: 2015.05.1611:28:30 ISTReason:
2 ITEM NO.3 COURT NO.3 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS I.A.No. 2 in Writ Petition(s)(Civil) No(s). 131/2015 JAYANTI VARAD ULLAL Petitioner(s) VERSUS BHARAT CO OPERATIVE BANK (MUMBAI) LTD. AND ANR Respondent(s) (for extension of time and office report) Date : 14/05/2015 This application was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE PINAKI CHANDRA GHOSE For Petitioner(s) Mr. Yadav Narender Singh, Adv. (Appearance not given despite request) For Respondent(s) Mr. Sanjiv Sen, Sr. Adv. Mr. Debmalya Banerjee, Adv. Mr. Jasmeet Singh, Adv. Ms. Jaimeet Saran, Adv. Ms. Jyotika Jain, Adv. Mr. Manik Karanjawala, Adv. For M/s. Karanjawala & Co. UPON hearing counsel the Court made the following O R D E R Looking at the averments made in the application, we find no reason to entertain this application. I.A.No. 2 is, accordingly, rejected. (Jayant Kumar Arora) (Sneh Bala Mehra) Sr. P.A. Assistant RegistrarSignature Not VerifiedDigitally signed byJayant Kumar AroraDate: 2015.05.1611:28:28 ISTReason:
CORRECTED ITEM NO.603 COURT NO.3 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition (C) No.264/2015 RAJINI BRIAN CASTELLINO Petitioner(s) VERSUS UNION OF INDIA AND ORS. Respondent(s) Date : 06/05/2015 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE DIPAK MISRA For Petitioner(s) Mr. Mathews N.,Adv. For Mr. Rabin Majumder,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Taken on board. Heard the learned counsel for the petitioner. Issue notice. Ad-interim relief, as prayed for, is granted on a condition that 25% of the amount payable as on 01.01.2015 is paid by the petitioner to the respondent-Bank within six weeks from today and a further sum of 25% is paid within six weeks thereafter. If the amount as stated hereinabove is not paid by the petitioner, the ad-interim relief granted by virtue of this order shall stand vacated forthwith. Tag this matter with Civil Appeal No.5674 of 2009. (Sarita Purohit) (Sneh Bala Mehra) Court Master Assistant Registrar
ITEM NO.603 COURT NO.3 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition (C) No.264/2015 RAJINI BRIAN CASTELLINO Petitioner(s) VERSUS UNION OF INDIA AND ORS. Respondent(s) Date : 06/05/2015 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE DIPAK MISRA For Petitioner(s) Mr. Mathews N.,Adv. For Mr. Rabin Majumder,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Taken on board. Heard the learned counsel for the petitioner. Issue notice returnable on 3 rd July, 2015, by speed post. Ad-interim relief, as prayed for, is granted on a condition that 25% of the amount payable as on 01.01.2015 is paid by the petitioner to the respondent-Bank within six weeks from today and a further sum of 25% is paid within six weeks thereafter. If the amount as stated hereinabove is not paid by the petitioner, the ad-interim relief granted by virtue of this order shall stand vacated forthwith. Tag this matter with Civil Appeal No.5674 of 2009. (Sarita Purohit) (Sneh Bala Mehra) Court Master Assistant Registrar
Ä CORRECTED ITEM NO.603 COURT NO.3 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition (C) No.264/2015 RAJINI BRIAN CASTELLINO Petitioner(s) VERSUS UNION OF INDIA AND ORS. Respondent(s) Date : 06/05/2015 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE DIPAK MISRA For Petitioner(s) Mr. Mathews N.,Adv. For Mr. Rabin Majumder,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Taken on board. Heard the learned counsel for the petitioner. Issue notice. Ad-interim relief, as prayed for, is granted on a condition that 25% of the amount payable as on 01.01.2015 is paid by the petitioner to the respondent-Bank within six weeks from today and a further sum of 25% is paid within six weeks thereafter. If the amount as stated hereinabove is not paid by the petitioner, the ad-interim relief granted by virtue of this order shall stand vacated forthwith. Tag this matter with Civil Appeal No.5674 of 2009.Signature Not VerifiedDigitally signed bySarita PurohitDate: 2015.05.0816:38:16 ISTReason: (Sarita Purohit) (Sneh Bala Mehra) Court Master Assistant RegistrarITEM NO.603 COURT NO.3 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSWrit Petition (C) No.264/2015RAJINI BRIAN CASTELLINO Petitioner(s) VERSUSUNION OF INDIA AND ORS. Respondent(s)Date : 06/05/2015 This petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE DIPAK MISRA
For Petitioner(s) Mr. Mathews N.,Adv. For Mr. Rabin Majumder,Adv.For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Taken on board. Heard the learned counsel for the petitioner. Issue notice returnable on 3rd July, 2015, by speed post. Ad-interim relief, as prayed for, is granted on a condition that 25% of the amount payable as on 01.01.2015 is paid by the petitioner to the respondent-Bank within six weeks from today and a further sum of 25% is paid within six weeks thereafter. If the amount as stated hereinabove is not paid by the petitioner, the ad-interim relief granted by virtue of this order shall stand vacated forthwith. Tag this matter with Civil Appeal No.5674 of 2009. (Sarita Purohit) (Sneh Bala Mehra) Court Master Assistant Registrar
1 ITEM NO.22 COURT NO.3 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition(s)(Civil) No(s). 186/2015 M/S. DOUCEUR SPORTSWEAR MFG. CO. PVT. LTD. AND ANR.Petitioner(s) VERSUS UNION OF INDIA AND ORS. Respondent(s) (with appln. (s) for stay and office report) Date : 05/05/2015 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE R.K. AGRAWAL For Petitioner(s) Mr. Ajit Kumar Sinha, Sr. Adv. Mr. Vijay Kumar, Adv. Mr. Bharat Gandhi, Adv. Ms. Vithika Garg, Adv. For Respondent(s) Mr. Arjun Krishnan, Adv. UPON hearing counsel the Court made the following O R D E R Issue notice through Speed Post. Mr. Arjun Krishnan, learned counsel, accepts notice on behalf of Respondent No. 2. Ad-interim relief, as prayed for, is granted on a condition that 25% of the amount payable as on 01-01-2015 is paid within six weeks from today and a further sum of 25% shall be paid within six weeks thereafter. But if any amount is paid after 01-01-2015 by the petitioner to the respondent-Bank or if any amount has been paid to the respondent-Bank on behalf of the petitioner, the said amount shall be deemed to have been paid by the petitioner for the
2 purpose of this order. Tag with Civil Appeal No. 5674 of 2009. (Jayant Kumar Arora) Sr. P.A. (Sneh Bala Mehra) Assistant Registrar
\232 1 ITEM NO.22 COURT NO.3 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition(s)(Civil) No(s). 186/2015 M/S. DOUCEUR SPORTSWEAR MFG. CO. PVT. LTD. AND ANR.Petitioner(s) VERSUS UNION OF INDIA AND ORS. Respondent(s) (with appln. (s) for stay and office report) Date : 05/05/2015 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE R.K. AGRAWAL For Petitioner(s) Mr. Ajit Kumar Sinha, Sr. Adv. Mr. Vijay Kumar, Adv. Mr. Bharat Gandhi, Adv. Ms. Vithika Garg, Adv. For Respondent(s) Mr. Arjun Krishnan, Adv. UPON hearing counsel the Court made the following O R D E R Issue notice through Speed Post. Mr. Arjun Krishnan, learned counsel, accepts notice on behalf of Respondent No. 2. Ad-interim relief, as prayed for, is granted on a condition that 25% of the amount payable as on 01-01-2015 is paid within six weeks from today and a further sum of 25% shall be paid within six weeks thereafter. But if any amount isSignature Not Verified paid after 01-01-2015 by the petitioner to theDigitally signed by respondent-BankNarendra PrasadDate: 2015.05.0715:42:13 IST or if any amount has been paid to theReason: respondent-Bank on behalf of the petitioner, the said amount shall be deemed to have been paid by the petitioner for the 2purpose of this order.
Tag with Civil Appeal No. 5674 of 2009. (Jayant Kumar Arora) (Sneh Bala Mehra) Sr. P.A. Assistant Registrar
1 IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (C) NO.48 OF 2012 RAIN PROOF EXPORTS PVT. LTD. & ANR. ... PETITIONER(S) VS. UNION OF INDIA & ORS. ... RESPONDENT(S) O R D E R In the course of hearing of this matter, it has been submitted by Mr. Dhruv Mehta, learned senior counsel appearing for the petitioners that a letter dated 6 th April, 2015 had been addressed to the petitioners by the respondent-Bank, wherein it has been stated in Clause (2) as under : “ 2) As on date, a sum of Rs.7,93,51,486.17 is due and payable by you to our Bank under your credit facility accounts. However, under the OTS policy of the Bank, your credit facility accounts can be settled for Rs.2,41,76,719.17, which is the present outstanding principal amount.” So, as on 6 th April, 2015, as per the One Time Settlement (OTS) Scheme, 2008, about a sums of Rs.2.42 Crores (Rupees Two Crores Forty Two Lakhs only) was payable by the petitioners to the respondent-Bank. The learned counsel appearing for the petitioners has submitted that the petitioners are ready and willing to make payment as per the said scheme. However, he has
2 expressed his doubt about the calculation of the afore-stated amount. At present, on ad-hoc basis the petitioners are prepared to accept the said offer. If it is so, 25% of afore-stated amount shall be paid by the petitioners to the respondent-Bank within one month from today and the remaining 75% shall be paid by the petitioners, as per the guidelines dated 10 th March, 2008 issued by the Reserve Bank of India, in maximum 11 equal monthly instalments, together with interest at the Minimum Lending Rate from the date of settlement upto the date of final payment. The respondent- Bank shall give details about the amount which is to be paid by the petitioners every month. As there is some doubt with regard to calculation of the amount which has been referred to hereinabove, it has been agreed by the learned counsel for both the sides that as per the provisions of Section 84(4) of the Multi-State Cooperative Societies Act, 2002, an Arbitrator to be appointed by the Central Registrar or his nominee, shall determine the amount payable and if the said amount is more or less than the afore-stated amount, the same shall be adjusted within one month from the date on which the Arbitrator determines the amount payable. The amount shall be paid as per the following :
3 “ If the borrower opted to pay in instalment he should pay minimum 25% of settlement amount within one month from date of approval of application under One Time Settlement Scheme and balance amount to be paid in maximum 11 monthly instalments with interest @ PLR (At present PLR is 13.5%) on the settlement amount on daily reducing balance till repayment of entire dues under One Time Settlement Scheme.” In view of the above order, the earlier interim order stands vacated and it is directed that no coercive action shall be taken against the petitioners for recovery of the amount due and payable if the amount is paid as per the afore-stated arrangement. A copy of this order shall be forwarded to Respondent No.3 by the Registry of this Court. The writ petition stands disposed of accordingly. ..............J. [ANIL R. DAVE] ..............J. [KURIAN JOSEPH] New Delhi; 9 th April, 2015.
4 ITEM NO.101 COURT NO.3 SECTION IX, X, IVA, XIV, XIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No(s). 5674/2009 PANDURANG GANPATI CHAUGULE Appellant(s) VERSUS VISHWASRAO PATIL MURGUD SAHAKARI BANK L. Respondent(s) WITH SLP(C) NO. 25930/2009 (S. IX) (DIRECTIONS AND INTERIM RELIEF AND OFFICE REPORT), W.P.(C) NO.48/2012 (S. X) (AMENDMENT OF THE PETITION AND STAY AND OFFICE REPORT), W.P.(C) NO. 922/2013 (S.X) (DIRECTIONS AND PERMISSION TO FILE ADDITIONAL DOCUMENTS AND OFFICE REPORT), W.P.(C)NO. 1007/2013 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO. 142/2014 (S. X) (EX-PARTE STAY AND OFFICE REPORT), W.P.(C) NO. 168/2014 (S. X) (STAY AND VACATING STAY AND OFFICE REPORT), W.P.(C) NO. 169/2014 (S. X) (STAY AND VACATING STAY AND OFFICE REPORT), W.P.(C) NO. 421/2014 (S.X) (STAY AND VACATING STAY AND OFFICE REPORT), W.P.(C) NO. 1020/2014 (S. X) (DIRECTIONS AND OFFICE REPORT), C.A. NO. 5675/2009 (S. IX) (INTERIM RELIEF AND OFFICE REPORT), C.A.NO. 5681/2009 (S. IX) (OFFICE REPORT), C.A. NO. 5682/2009 (S. IX) (INTERIM RELIEF AND OFFICE REPORT), C.A. NO. 5684/2009 (S. IX) (DIRECTIONS AND INTERIM RELIEF), W.P.(C) NO. 318/2010 (S.X) (STAY AND OFFICE REPORT), C.A. NO. 1468/2010 (S. IV) (EXEMPTION FROM FILING O.T. AND VACATING STAY), C.A. NO. 4391/2010 (S. XIA) (RECALLING COURTS'S ORDER DATED 18.02.2015 AND PERMISSION TO FILE COUNTER AFFIDAVIT AND OFFICE REPORT), C.A. NO. 7410/2010 (S. IX), SLP(C)NO. 24309/2010 (S. IX), W.P.(C) NO. 41/2011 (S. X) (STAY AND VACATING STAY AND OFFICE REPORT), W.P.(C) NO. 220/2011 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO. 293/2011 (S. X) (DIRECTIONS AND STAY AND OFFICE REPORT), W.P.(C) NO. 306/2011 (S. X) (DIRECTIONS AND STAY AND OFFICE REPORT), W.P.(C) NO. 308/2011 (S. X) (DIRECTIONS AND STAY AND OFFICE REPORT), W.P. (C) NO. 338/2011 (S.X) (STAY AND OFFICE REPORT), W.P.(C) NO. 375/2011 (S. X) (STAY AND OFFICE REPORT), SLP(C) NO.7295-7298/2011 (S. IVA) (OFFICE REPORT), SLP(C) NO. 22304-22305/2011 (S. IX) (EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT AND OFFICE REPORT), SLP(C) NO. 24479-24480/2011 (S. IX) (INTERIM RELIEF AND OFFICE REPORT), W.P.(C) NO. 97/2012 (S. X) (DIRECTIONS AND STAY AND OFFICE REPORT), W.P.(C) NO. 103/2012 (S. X) (DIRECTIONS AND STAY AND OFFICE REPORT), W.P.(C) NO. 122/2012 (S.X) (STAY AND VACATING STAY AND OFFICE REPORT), W.P.(C) NO. 199/2012 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO. 250/2012 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO. 291/2012 (S. X) (WITH OFFICE REPORT), W.P.(C) NO. 386/2012 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO.
5 487/2012 (S.X) (STAY AND OFFICE REPORT), W.P.(C) NO. 537/2012 (S. X) (PERMISSION TO FILE ADDITIONAL DOCUMENTS AND STAY AND OFFICE REPORT), W.P.(C) NO. 554/2012 (S. X) (DIRECTIONS AND STAY AND OFFICE REPORT), SLP(C) NO. 24276/2012 (S. IVA) (INTERIM RELIEF AND OFFICE REPORT), W.P.(C) NO. 36/2013 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO. 111/2013 (S. X) (DIRECTIONS AND STAY AND OFFICE REPORT), W.P.(C) NO. 112/2013 (S. X) (DIRECTIONS AND STAY AND OFFICE REPORT), W.P.(C) NO. 138/2013 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO. 146/2013 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO. 151/2013 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO. 175/2013 (S.X) (STAY AND OFFICE REPORT), W.P.(C) NO. 179/2013 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO.181/2013 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO. 191/2013 (S. X) (DIRECTIONS AND STAY AND VACATION OF EX-PARTE STAY AND OFFICE REPORT), W.P.(C) NO. 192/2013 (S. X) (DIRECTIONS AND STAY AND OFFICE REPORT), W.P.(C) NO. 201/2013 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO. 233/2013 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO. 236/2013 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO. 238/2013 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO. 248/2013 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO. 250/2013 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO. 253/2013 (S. X) (STAY AND VACATING STAY AND OFFICE REPORT), W.P. (C) NO. 264/2013 (S. X) (IMPLEADMENT AND STAY AND OFFICE REPORT), W.P.(C) NO. 265/2013 (S. X) (DIRECTIONS AND STAY AND OFFICE REPORT), W.P.(C) NO. 266/2013 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO. 270/2013 (S. X) (DIRECTIONS AND STAY AND OFFICE REPORT), W.P.(C) NO. 271/2013 (S. X) (DIRECTIONS AND STAY AND OFFICE REPORT), W.P.(C) NO. 279/2013 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO. 280/2013 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO. 284/2013 (S. X) (IMPLEADMENT AND STAY AND OFFICE REPORT), W.P.(C) NO. 353/2013 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO. 452/2013 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO. 469/2013 (S. X) (OFFICE REPORT), W.P.(C) NO. 588/2013 (S. X) (IMPLEADMENT AND IMPLEADMENT AS PARTY RESPONDENT AND STAY AND OFFICE REPORT), W.P.(C) NO. 753/2013 (S.X) (STAY AND OFFICE REPORT), W.P.(C) NO. 758/2013 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO. 761/2013 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO. 762/2013 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO. 800/2013 (S. X) (DIRECTIONS AND OFFICE REPORT), W.P.(C) NO. 819/2013 (S.X) (STAY AND OFFICE REPORT), W.P.(C) NO. 877/2013 (S. X) (DIRECTIONS AND OFFICE REPORT), W.P.(C) NO. 1037/2013 (S. X) (DIRECTIONS AND STAY AND OFFICE REPORT), W.P.(C) NO. 1043/2013 (S.X) (STAY AND OFFICE REPORT), W.P.(C) NO. 1044/2013 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO.1045/2013 (S. X) (STAY AND OFFICE REPORT), SLP(C) NO. 12916/2013 (S. XIA) (INTERIM RELIEF AND OFFICE REPORT), SLP(C) NO. 15634-15635/2013 (S. IVA) (C/DELAY IN FILING SLP AND OFFICE REPORT), SLP(C) NO. 17054/2013 (S. IX) (INTERIM RELIEF AND OFFICE REPORT), SLP(C) NO. 18775/2013 (S.IX) (INTERIM RELIEF AND OFFICE REPORT), SLP(C) NO. 18777/2013 (S. IX) (INTERIM RELIEF AND OFFICE REPORT), SLP(C) NO. 25126/2013 (S. IX) (INTERIM RELIEF), SLP(C) NO. 29720/2013 (S. IX) (OFFICE REPORT), SLP(C) NO. 29721/2013 (S. IX) (OFFICE REPORT), SLP(C) NO. 35137/2013 (S. IX)
6 (INTERIM RELIEF AND OFFICE REPORT), W.P.(C) NO. 5/2014 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO. 10/2014 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO. 352/2014 (S. X) (DIRECTIONS AND STAY AND OFFICE REPORT), W.P.(C) NO. 408/2014 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO. 420/2014 (S.X) (STAY AND OFFICE REPORT), W.P. (C) NO. 492/2014 (S. X) (EXEMPTION FROM FILING O.T. AND STAY AND OFFICE REPORT), W.P.(C) NO. 712/2014 (S. X) (STAY AND VACATING STAY AND OFFICE REPORT), W.P.(C) NO. 714/2014 (S. X) (STAY AND VACATING STAY), W.P.(C) NO. 754/2014 (S. X) (EXEMPTION FROM FILING O.T. AND STAY AND OFFICE REPORT), W.P.(C) NO. 756/2014 (S. X) (DIRECTIONS AND STAY AND OFFICE REPORT), S.L.P.(C)... /2014 CC NO. 7586 (S. IVA) (C/DELAY IN FILING SLP AND OFFICE REPORT), W.P.(C) NO. 795/2014 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO. 849/2014 (S. X) (EX-PARTE STAY AND VACATING INTERIM ORDER AND OFFICE REPORT), W.P.(C) NO. 838/2014 (S. X) (STAY AND VACATING INTERIM ORDER AND OFFICE REPORT), W.P.(C) NO. 827/2014 (S. X) (EX-PARTE STAY AND OFFICE REPORT), SLP(C) NO. 32589/2014 (S. XIV) (EXEMPTION FROM FILING O.T.), W.P.(C) NO. 26/2015 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO. 79/2015 (S. X) (APPLN.(S) FOR EXTENSION OF TIME AND OFFICE REPORT), W.P.(C) NO. 131/2015 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO. 86/2015 (S. X) (DIRECTIONS), W.P.(C) NO. 965/2014 (S. X) (DIRECTIONS AND EX-PARTE STAY AND MODIFICATION OF COURT'S ORDER AND OFFICE REPORT), SLP(C) NO. 7694/2015 (S. IX) (EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT AND INTERIM RELIEF AND OFFICE REPORT) Date : 09/04/2015 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE KURIAN JOSEPH For Appellant(s) Mr. Santosh,Adv. Mr. M. Khairati,Adv. For Mr. Gaurav Agrawal,Adv. Mr. Nikhil Nayyar,Adv. Mr. Dhananjay Baijal, Adv. Ms. Akanksha, Adv. Mr. N. Sai Vinod, Adv. Mr. Nishad L.S., Adv. Mr. Nagendra Rai, Sr. Adv. Ms. Priya Hingorani, Adv. Mr. Chandra Bhushan, Adv. Mr. Manoj K. Mishra, Adv. Mr. Bheem Pratap Singh, Adv. Mr. Sandeep Kumar Dwivedi, Adv. Mr. Pradeep Kumar Dwivedi, Adv. Ms. Rinku Mishra, Adv.
7 Mr. S. R. Singh, Sr. Adv. Mr. D. N. Dubey, Adv. Mr. Ujjawal Pandey,Adv. Ms. Vandita Rai,Adv. For Asha Gopalan Nair,Adv. Mr. Dhruv Mehta, Sr. Adv. Mr. Darshan Siras, Adv. Mr. Satyajit A. Desai, Adv. Mr. Satyen Vora, Adv. Ms. Priya Ranade, Adv. Mr. Akash Kakade,Adv. For Ms. Anagha Desai,Adv. Mr. Devansh A. Mohta,Adv. Mr. Narhari Singh, Adv. Mr. Rajat Sehgal, Adv. Ms. Anushri Menon, Adv. Mr. Shishir Deshpande,Adv. Mr. Amit Yadav,Adv. For Ms. Sujata Kurdukar,Adv. Mr. S. Wasim A. Qadri, Adv. Mr. J. A. Khan, Adv. Mr. Zaid Ali, Adv. Mr. T. Qadri, Adv. Mr. Sunil Kumar Verma,Adv. Ms. Chandan Ramamurthi,Adv. Mr. Ajit K. Sinha, Sr. Adv. Mr. R. Sudhinder,Adv. Mr. Dattatray Vyas, Adv. Ms. Prerna Amitabh, Adv. Mr. Abhishek Prasad,Adv. Mr. Ashok Mathur,Adv. Mr. T. N. Singh, Adv. Mr. Randhir Kumar, Adv. Mr. Tarkeshwar Nath,Adv. For Mr. R.P. Goyal,Adv. Mr. Saurabh Devkaran Singh,Adv. For Mr. Jayant K. Mehta,Adv. Ms. Madhavi Khare, Adv. Mr. K.L. Taneja,Adv.
8 Ms. Purti M.,Adv. For Mr. A. Venayagam Balan,Adv. Mr. Manohar Lal Sharma, Adv. Ms. Suman, Adv. Mr. Pradhuman Gohil,Adv. Mr. Vikash Singh,Adv. Ms. Taruna Singh,Adv. Mr. Jaikriti S. Jadeja,Adv. Ms. Charu Mathur,Adv. Ms. Prabuddha Sharma, Adv. Mr. Chirag M. Shroff,Adv. Mr. Jitendra Ranawat,Adv. Ms. Mahima Shroff,Adv. Ms. Swati Vaibhav,Adv. Mr. Vikash Sinha,Adv. Mr. Satpal Singh,Adv. Mr. A.S. Chobe,Adv. Mr. P.K. Singh,Adv. Mr. Vijay Kumar,Adv. Mr. Rabin Majumder,Adv. Mr. S. Sadasiva Reddy,Adv. For Ms. S. Usha Reddy,Adv. Mr. K. V. Vishwanathan, Sr. Adv. Mr. P.K. Manohar,Adv. Mr. Jayanth Muth Raj,Adv. Ms. Malavika J.,Adv. Mr. Sureshan P.,Adv. Mr. Vishwajit Singh,Adv. Mr. H. Chandra Sekhar,Adv. Mr. Santhosh Krishnan,Adv. Mr. Marsook Bafaki, Adv. For Mr. Nikhil Goel,Adv. Mr. Jatin Zaveri,Adv. Mr. Neel Kamal Mishra,Adv. Mr. Ranjan Sabharwal,Adv. Mr. Raghav Sabharwal,Adv. For Mr. Bankey Bihari Sharma,Adv.
9 Ms. Ankita Jain,Adv. Ms. Amrita Mishra,Adv. Mr. Ravi Mishra,Adv. For Mr. Jay Savla,Adv. Mr. Lakshmi Raman Singh,Adv. Mr. Sarad Kumar Singhania,Adv. Mr. Santosh Paul,Adv. Mr. Arvind Gupta,Adv. Mr. Krishna Kumar, Adv. Mr. Harish Pandey,Adv. Mr. Sheen,Adv. Mr. Shubham Agarwal,Adv. Mr. N.D.B. Raju,Adv. For Mr. N. Ganpathy,Adv. Mr. S. Ravi Shankar,Adv. Ms. Sangeeta Singh, Adv. Mr. Amar Dave, Adv. Mr. Rishi Maheshwari,Adv. For Mr. P.S. Sudheer,Adv. Mr. Amol Chitale,Adv. Ms. Pragya Baghel,Adv. Ms. Jaya Khanna,Adv. Ms. Neela Gokhale,Adv. Mr. Amit S., Adv. Ms. Kamakshi S. Mehlwal,Adv. Mr. M. Khairati,Adv. For Mr. Irshad Ahmad,Adv. Mr. Santosh Paul,Adv. Mr. Arvind Gupta,Adv. Mr. Harish Pandey, Adv. Mr. Shubham Aggarwal, Adv. For Mr. M.J. Paul,Adv. Mr. Mathew J. Nedupara, Adv. Mr. Joydeep Mukherjee,Adv. Mr. Rabin Majumder,Adv. Mr. Garvesh Kabra,Adv. Ms. Pooja Kabra,Adv.
10 Mr. Anirudh Sanganeria,Adv. Mr. Mukul Kumar,Adv. Mr. V.K. Biju, Adv. Mr. D. P. Singh, Adv. Ms. Sonam Gupta,Adv. Mr. Salil Bhattacharya,Adv. Mr. Raj Kiran Vats,Adv. Mr. R.P. Vyas, Adv. Ms. Kanika Khurana, Adv. For Mr. Sanjay Jain,Adv. Mr. Ankur S. Kulkarni,Adv. Mr. M. Gireesh Kumar,Adv. For Mr. S.K. Kulkarni,Adv. Mr. Ankur Saigal, Adv. Mr. Mahesh Agarwal, Adv. Mr. Rishi Agrawala, Adv. Mr. E.C. Agrawala, Adv. Mr. Jiten Mehra, Adv. Mr. Vikrant Pachnanda, Adv. Mr. Vipin Nair,Adv. Mr. P.B. Suresh,Adv. Mr. Vishnu Shankar Jain,Adv. Mr. Udayaditya Banerjee,Adv. For M/s. Temple Law Firm,Advs. Ms. Garima Prashad,Adv. Mr. S. S. Ray, Adv. Mr. Vaibhav Gulia,Adv. Mr. Rishi, Adv. For Ms. Rakhi Ray,Adv. Mr. Pallav Shishodia, Sr. Adv. Mr. Rajiv Kumar, Adv. Ms. Kusum Chaudhary, Adv. Mr. Atul Babasaheb Dakh,Adv. Ms. Rashmi Singh,Adv. Mr. V.K. Biju,Adv. Mr. Santosh Krishnan,Adv. Mr. Vineet Bhagat,Adv. Ms. Anindita, Adv.
11 Mr. Ajay Kumar Singh,Adv. Mr. Vishal Balecha, Adv. For Respondent(s) Mr. Shekhar Naphade,Sr.Adv. Mr. Krishan Kumar, Adv. Mr. Abha N., Adv. Mr. Chinmoy Khaladkar, Adv. Mr. Preshit Surshe, Adv. Mr. Vinay Navare,Adv. Mr. Satyajeet Kumar,Adv. Mr. Keshav Ranjan,Adv. Ms. Gwen K.B.,Adv. For Ms. Abha R. Sharma,Adv. Mr. Shyam Divan, Sr. Adv. Mr. Sanjay Kharde,Adv. For Mr. Amol Nirmalkumar Suryawanshi,Adv. Mr. Siddhesh Kotwal, Adv. Mr. Annirudh Sharma, Adv. For Mr. Nirnimesh Dube, Adv. Mr. Jaideep Gupta, Sr. Adv. Mr. Kuldeep S. Parihar,Adv. For Mr. H.S. Parihar,Adv. Mr. M.Y. Deshmukh,Adv. For Mr. R.P. Goyal,Adv. Mr. Debmalya Banerjee, Adv. Ms. Jasmeet Singh, Adv. Mrs. Manik Karanjawala, Adv. Ms. J. Saran, Adv. Mr. Shankar Chillarge,Adv. Ms. Sonia Shankar Chillarge, Adv. For Mr. A.P. Mayee,Adv. Ms. Vibha Datta Makhija,Sr.Adv. Ms. Rashmi Singhania,Adv. Mr. Praveen Chaturvedi,Adv. Mr. Pratap Venugopal, Adv. Ms. Supriya Jain, Adv. Mr. Gaurav Nair, Adv. M/s. K.J. John & Co. Mr. Rajiv Kumar Pandey, Adv. Mr. Anurag Singh, Adv. Mr. Anil Kumar Mishra, Adv.
12 Mr. Niraj Sharma,Adv. Mr. M.T. George,Adv. Mr. Maninder Singh, ASG Ms. Sunita Sharma,Adv. Ms. Sushma Suri,Adv. Mr. Shreekant N. Terdal,Adv. Ms. Praveena Gautam,Adv. Mr. Deepak Tyagi,Adv. Ms. Pusshp Gupta,Adv. Mr. K. K. Gautam, Adv. Mr. P.I. Jose,Adv. Mr. Alok K. Prasad,Adv. Mr. Vishwanath Bahuguna,Adv. Mr. Shivaji M. Jadhav,Adv. Ms. Divya Sharma, Adv. For M/s. S.M. Jadhav & Co. Mr. R. Basant,Sr.Adv. Mr. C.K. Sasi,Adv. Mr. Karthik Ashok,Adv. Mr. Yash Pal Dhingra,Adv. Mr. Tapesh Kumar Singh,Adv. Ms. Rajani K. Prasad,Adv. For Ms. Annapoorani,Adv. Mr. Yadunandan Bansal,Adv. For Mr. Abhijat P. Medh,Adv. Mr. Anil Kumar Mishra,Adv. Mr. Shekhar Naphade,Sr.Adv. Mr. Chinmoy Khaladkar,Adv. Ms. Neha Sharma, Adv. Mr. Deeptakirti Verma, Adv. Mr. Preshit Surshe,Adv. Mr. Arjun Krishnan,Adv. Mr. Viraj Kadam, Adv. Mr. D.M. Nargolkar,Adv. Mr. Piyush Sharma,Adv.
13 Mr. D. Bharat Kumar,Adv. Mr. Sayooj Mohandas M.,Adv. Mr. T. Baskar Gowtham, Adv. For Mr. Abhijit Sengupta,Adv. Mr. Vatsal Shah,Adv. Mr. S. Aravindh,Adv. Mr. Vimal Pani, Adv. For Mr. Senthil Jagadeesan,Adv. Mr. B. Subrahmanya Prasad,Adv. Mr. Suresh Dutt Dobhal,Adv. Mr. Subramonium Prasad,Adv. Mr. V.N. Raghupathy,Adv. Mr. Rajeev K. Pandey,Adv. For Mr. Rajeev Maheshwaranand Roy,Adv. Mr. Pravin Satale,Adv. For Mr. Rajiv Shankar Dwivedi,Adv. Mr. Ravindra Keshavrao Adsure,Adv. Ms. Hemantika Wahi,Adv. Mr. S.N. Bhat,Adv. Ms. Anuradha Mutatkar,Adv. Mr. Sudhanshu S. Choudhari,Adv. Mr. Avijit Saxena,Adv. For M/s. Karanjawala & Co.,Advs. Mr. M.P. Vinod,Adv. Ms. Neelam S.,Adv. Mr. Dileep Pillai,Adv. Ms. Usha V. Nandini, Adv. Mr. Atul,Adv. Mr. Rajesh Mahale,Adv. Mr. Parvesh Thakur,Adv. Ms. Gargi Khanna,Adv. Ms. Anil Katiyar,Adv. Mr. Manish Pitale,Adv. Mr. Wasi Haider,Adv. For C.S. Ashri,Adv. Mr. Chinmoy Khaladkar,Adv.
14 Ms. Neha Sharma,Adv. For Mr. Deeptakirti Verma,Adv. Mr. B. B. Sawhney, Sr. Adv. Mr. R.K. Verma,Adv. Ms. Sunita Sharma, Adv. Mr. T.N. Razdan,Adv. For Ms. Sushma Suri, Adv. Mr. Sonal Jain,Adv. Mr. Rajiv M. Brahma,Adv. Mr. Sachin Patil,Adv. For Mr. Shriram P. Pingle,Adv. Mr. Gagan Sanghi, Adv. Mr. Lalit Bhasin,Adv. Ms. Nina Gupta,Adv. Mr. Mudit Sharma,Adv. Mr. Parvez A. Khan,Adv. For Mr. P.V. Yogeswarn,Adv. Mr. Rishi Maheshwari,Adv. Ms. Anne Mathew,Adv. Mr. Raj Kumar Kaushik,Adv. Ms. Tarannum Ansari, Adv. For Mr. P.S. Sudheer,Adv. Mr. Anil Nag,Adv. Mr. Gaurav Sharma,Adv. Ms. Amandeep Kaur, Adv. Mr. Prateek Bhatia, Adv. Mr. Prateek Mishra, Adv. Ms. Sushma Suri, Adv. Ms. A. Sumathi,Adv. Mr. Ashok K. Mahajan,Adv. Mr. K. Rajeev,Adv . Mr. Mohit Kumar Shah,Adv. M/s. Dua Associates,Advs. Ms. Bharati Tyagi,Adv. Mr. Anil Kumar Sangal,Adv.
15 UPON hearing counsel the Court made the following O R D E R W.P. (C) 48 of 2012 The Writ Petition is disposed of in terms of the signed order. SLP (C) NO.25126 OF 2013 : Detagged. Mr. Gagan Sanghi, learned Advocate, appearing on behalf of Mr. R.P. Goyal, learned Advocate-on-Record, has submitted that he has instruction to appear for Respondent No.-5-Bank and seeks time to file Vakalatnama and counter affidavit. He shall file vakalatnama within one week and counter affidavit within two weeks from today. Rejoinder affidavit may be filed within one week thereafter. List the matter on 06.05.2015. Till the next date of hearing, no coercive action shall be taken to recover the amount in question. SLP(C)Nos.9102, 9979 & 10476 of 2014 : Taken on board. In view of order passed in Writ Petition (c) No.48/2012, these petitions do not survive and the learned counsel for the petitioners seeks permission to withdraw the petitions. Permission is granted.
16 The Special Leave Petitions are disposed of as withdrawn. List all the matters on 13.07.2015 at 10.30 AM (for whole day) (Jayant Kumar Arora) Sr. P.A. (Sneh Bala Mehra) Assistant Registrar
º 1 IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (C) NO.48 OF 2012 RAIN PROOF EXPORTS PVT. LTD. & ANR. ... PETITIONER(S) VS. UNION OF INDIA & ORS. ... RESPONDENT(S) O R D E R In the course of hearing of this matter, it has been submitted by Mr. Dhruv Mehta, learned senior counsel appearing for the petitioners that a letter dated 6th April, 2015 had been addressed to the petitioners by the respondent-Bank, wherein it has been stated in Clause (2) as under : "2) As on date, a sum of Rs.7,93,51,486.17 is due and payable by you to our Bank under your credit facility accounts. However, under the OTS policy of the Bank, your credit facility accounts can be settled for Rs.2,41,76,719.17, which is the present outstanding principal amount." So, as on 6th April, 2015, as per the One Time Settlement (OTS) Scheme, 2008, about a sums of Rs.2.42 Crores (Rupees Two Crores Forty Two Lakhs only) was payable by the petitioners to the respondent-Bank.Signature Not VerifiedDigitally signed byJayant Kumar AroraDate: 2015.04.1812:00:06 IST The learned counsel appearing for the petitionersReason: has submitted that the petitioners are ready and willing to make payment as per the said scheme. However, he has 2expressed his doubt about the calculation of theafore-stated amount. At present, on ad-hoc basis the petitioners areprepared to accept the said offer. If it is so, 25% ofafore-stated amount shall be paid by the petitioners tothe respondent-Bank within one month from today and the
remaining 75% shall be paid by the petitioners, as perthe guidelines dated 10th March, 2008 issued by theReserve Bank of India, in maximum 11 equal monthlyinstalments, together with interest at the MinimumLending Rate from the date of settlement upto the date offinal payment. The respondent- Bank shall give detailsabout the amount which is to be paid by the petitionersevery month. As there is some doubt with regard to calculationof the amount which has been referred to hereinabove, ithas been agreed by the learned counsel for both the sidesthat as per the provisions of Section 84(4) of theMulti-State Cooperative Societies Act, 2002, anArbitrator to be appointed by the Central Registrar orhis nominee, shall determine the amount payable and ifthe said amount is more or less than the afore-statedamount, the same shall be adjusted within one month fromthe date on which the Arbitrator determines the amountpayable. The amount shall be paid as per the following : 3 "If the borrower opted to pay in instalment he should pay minimum 25% of settlement amount within one month from date of approval of application under One Time Settlement Scheme and balance amount to be paid in maximum 11 monthly instalments with interest @ PLR (At present PLR is 13.5%) on the settlement amount on daily reducing balance till repayment of entire dues under One Time Settlement Scheme." In view of the above order, the earlier interimorder stands vacated and it is directed that no coerciveaction shall be taken against the petitioners forrecovery of the amount due and payable if the amount ispaid as per the afore-stated arrangement. A copy of this order shall be forwarded toRespondent No.3 by the Registry of this Court. The writ petition stands disposed of accordingly.
..............J. [ANIL R. DAVE] ..............J. [KURIAN JOSEPH]New Delhi;9th April, 2015. 4ITEM NO.101 COURT NO.3 SECTION IX, X, IVA, XIV, XIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No(s). 5674/2009PANDURANG GANPATI CHAUGULE Appellant(s) VERSUSVISHWASRAO PATIL MURGUD SAHAKARI BANK L. Respondent(s)WITHSLP(C) NO. 25930/2009 (S. IX) (DIRECTIONS AND INTERIM RELIEF ANDOFFICE REPORT), W.P.(C) NO.48/2012 (S. X) (AMENDMENT OF THEPETITION AND STAY AND OFFICE REPORT), W.P.(C) NO. 922/2013 (S.X)(DIRECTIONS AND PERMISSION TO FILE ADDITIONAL DOCUMENTS AND OFFICEREPORT), W.P.(C)NO. 1007/2013 (S. X) (STAY AND OFFICE REPORT),W.P.(C) NO. 142/2014 (S. X) (EX-PARTE STAY AND OFFICE REPORT),W.P.(C) NO. 168/2014 (S. X) (STAY AND VACATING STAY AND OFFICEREPORT), W.P.(C) NO. 169/2014 (S. X) (STAY AND VACATING STAY ANDOFFICE REPORT), W.P.(C) NO. 421/2014 (S.X) (STAY AND VACATING STAYAND OFFICE REPORT), W.P.(C) NO. 1020/2014 (S. X) (DIRECTIONS ANDOFFICE REPORT), C.A. NO. 5675/2009 (S. IX) (INTERIM RELIEF ANDOFFICE REPORT), C.A.NO. 5681/2009 (S. IX) (OFFICE REPORT), C.A.NO. 5682/2009 (S. IX) (INTERIM RELIEF AND OFFICE REPORT), C.A. NO.5684/2009 (S. IX) (DIRECTIONS AND INTERIM RELIEF), W.P.(C) NO.318/2010 (S.X) (STAY AND OFFICE REPORT), C.A. NO. 1468/2010 (S.IV) (EXEMPTION FROM FILING O.T. AND VACATING STAY), C.A. NO.4391/2010 (S. XIA) (RECALLING COURTS'S ORDER DATED 18.02.2015 ANDPERMISSION TO FILE COUNTER AFFIDAVIT AND OFFICE REPORT), C.A. NO.7410/2010 (S. IX), SLP(C)NO. 24309/2010 (S. IX), W.P.(C) NO.41/2011 (S. X) (STAY AND VACATING STAY AND OFFICE REPORT), W.P.(C)NO. 220/2011 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO. 293/2011(S. X) (DIRECTIONS AND STAY AND OFFICE REPORT), W.P.(C) NO.306/2011 (S. X) (DIRECTIONS AND STAY AND OFFICE REPORT), W.P.(C)NO. 308/2011 (S. X) (DIRECTIONS AND STAY AND OFFICE REPORT), W.P.(C) NO. 338/2011 (S.X) (STAY AND OFFICE REPORT), W.P.(C) NO.375/2011 (S. X) (STAY AND OFFICE REPORT), SLP(C) NO.7295-7298/2011(S. IVA) (OFFICE REPORT), SLP(C) NO. 22304-22305/2011 (S. IX)(EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT AND OFFICEREPORT), SLP(C) NO. 24479-24480/2011 (S. IX) (INTERIM RELIEF ANDOFFICE REPORT), W.P.(C) NO. 97/2012 (S. X) (DIRECTIONS AND STAYAND OFFICE REPORT), W.P.(C) NO. 103/2012 (S. X) (DIRECTIONS ANDSTAY AND OFFICE REPORT), W.P.(C) NO. 122/2012 (S.X) (STAY ANDVACATING STAY AND OFFICE REPORT), W.P.(C) NO. 199/2012 (S. X)(STAY AND OFFICE REPORT), W.P.(C) NO. 250/2012 (S. X) (STAY ANDOFFICE REPORT), W.P.(C) NO. 291/2012 (S. X) (WITH OFFICE REPORT),W.P.(C) NO. 386/2012 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO. 5487/2012 (S.X) (STAY AND OFFICE REPORT), W.P.(C) NO. 537/2012 (S.X) (PERMISSION TO FILE ADDITIONAL DOCUMENTS AND STAY AND OFFICE
REPORT), W.P.(C) NO. 554/2012 (S. X) (DIRECTIONS AND STAY ANDOFFICE REPORT), SLP(C) NO. 24276/2012 (S. IVA) (INTERIM RELIEF ANDOFFICE REPORT), W.P.(C) NO. 36/2013 (S. X) (STAY AND OFFICEREPORT), W.P.(C) NO. 111/2013 (S. X) (DIRECTIONS AND STAY ANDOFFICE REPORT), W.P.(C) NO. 112/2013 (S. X) (DIRECTIONS AND STAYAND OFFICE REPORT), W.P.(C) NO. 138/2013 (S. X) (STAY AND OFFICEREPORT), W.P.(C) NO. 146/2013 (S. X) (STAY AND OFFICE REPORT),W.P.(C) NO. 151/2013 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO.175/2013 (S.X) (STAY AND OFFICE REPORT), W.P.(C) NO. 179/2013 (S.X) (STAY AND OFFICE REPORT), W.P.(C) NO.181/2013 (S. X) (STAY ANDOFFICE REPORT), W.P.(C) NO. 191/2013 (S. X) (DIRECTIONS AND STAYAND VACATION OF EX-PARTE STAY AND OFFICE REPORT), W.P.(C) NO.192/2013 (S. X) (DIRECTIONS AND STAY AND OFFICE REPORT), W.P.(C)NO. 201/2013 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO. 233/2013(S. X) (STAY AND OFFICE REPORT), W.P.(C) NO. 236/2013 (S. X) (STAYAND OFFICE REPORT), W.P.(C) NO. 238/2013 (S. X) (STAY AND OFFICEREPORT), W.P.(C) NO. 248/2013 (S. X) (STAY AND OFFICE REPORT),W.P.(C) NO. 250/2013 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO.253/2013 (S. X) (STAY AND VACATING STAY AND OFFICE REPORT), W.P.(C) NO. 264/2013 (S. X) (IMPLEADMENT AND STAY AND OFFICE REPORT),W.P.(C) NO. 265/2013 (S. X) (DIRECTIONS AND STAY AND OFFICEREPORT), W.P.(C) NO. 266/2013 (S. X) (STAY AND OFFICE REPORT),W.P.(C) NO. 270/2013 (S. X) (DIRECTIONS AND STAY AND OFFICEREPORT), W.P.(C) NO. 271/2013 (S. X) (DIRECTIONS AND STAY ANDOFFICE REPORT), W.P.(C) NO. 279/2013 (S. X) (STAY AND OFFICEREPORT), W.P.(C) NO. 280/2013 (S. X) (STAY AND OFFICE REPORT),W.P.(C) NO. 284/2013 (S. X) (IMPLEADMENT AND STAY AND OFFICEREPORT), W.P.(C) NO. 353/2013 (S. X) (STAY AND OFFICE REPORT),W.P.(C) NO. 452/2013 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO.469/2013 (S. X) (OFFICE REPORT), W.P.(C) NO. 588/2013 (S. X)(IMPLEADMENT AND IMPLEADMENT AS PARTY RESPONDENT AND STAY ANDOFFICE REPORT), W.P.(C) NO. 753/2013 (S.X) (STAY AND OFFICEREPORT), W.P.(C) NO. 758/2013 (S. X) (STAY AND OFFICE REPORT),W.P.(C) NO. 761/2013 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO.762/2013 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO. 800/2013 (S.X) (DIRECTIONS AND OFFICE REPORT), W.P.(C) NO. 819/2013 (S.X)(STAY AND OFFICE REPORT), W.P.(C) NO. 877/2013 (S. X) (DIRECTIONSAND OFFICE REPORT), W.P.(C) NO. 1037/2013 (S. X) (DIRECTIONS ANDSTAY AND OFFICE REPORT), W.P.(C) NO. 1043/2013 (S.X) (STAY ANDOFFICE REPORT), W.P.(C) NO. 1044/2013 (S. X) (STAY AND OFFICEREPORT), W.P.(C) NO.1045/2013 (S. X) (STAY AND OFFICE REPORT),SLP(C) NO. 12916/2013 (S. XIA) (INTERIM RELIEF AND OFFICE REPORT),SLP(C) NO. 15634-15635/2013 (S. IVA) (C/DELAY IN FILING SLP ANDOFFICE REPORT), SLP(C) NO. 17054/2013 (S. IX) (INTERIM RELIEF ANDOFFICE REPORT), SLP(C) NO. 18775/2013 (S.IX) (INTERIM RELIEF ANDOFFICE REPORT), SLP(C) NO. 18777/2013 (S. IX) (INTERIM RELIEF ANDOFFICE REPORT), SLP(C) NO. 25126/2013 (S. IX) (INTERIM RELIEF),SLP(C) NO. 29720/2013 (S. IX) (OFFICE REPORT), SLP(C) NO.29721/2013 (S. IX) (OFFICE REPORT), SLP(C) NO. 35137/2013 (S. IX) 6(INTERIM RELIEF AND OFFICE REPORT), W.P.(C) NO. 5/2014 (S. X)(STAY AND OFFICE REPORT), W.P.(C) NO. 10/2014 (S. X) (STAY ANDOFFICE REPORT), W.P.(C) NO. 352/2014 (S. X) (DIRECTIONS AND STAYAND OFFICE REPORT), W.P.(C) NO. 408/2014 (S. X) (STAY AND OFFICEREPORT), W.P.(C) NO. 420/2014 (S.X) (STAY AND OFFICE REPORT), W.P.(C) NO. 492/2014 (S. X) (EXEMPTION FROM FILING O.T. AND STAY ANDOFFICE REPORT), W.P.(C) NO. 712/2014 (S. X) (STAY AND VACATINGSTAY AND OFFICE REPORT), W.P.(C) NO. 714/2014 (S. X) (STAY ANDVACATING STAY), W.P.(C) NO. 754/2014 (S. X) (EXEMPTION FROM FILINGO.T. AND STAY AND OFFICE REPORT), W.P.(C) NO. 756/2014 (S. X)(DIRECTIONS AND STAY AND OFFICE REPORT), S.L.P.(C)... /2014 CC NO.7586 (S. IVA) (C/DELAY IN FILING SLP AND OFFICE REPORT), W.P.(C)NO. 795/2014 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO. 849/2014(S. X) (EX-PARTE STAY AND VACATING INTERIM ORDER AND OFFICEREPORT), W.P.(C) NO. 838/2014 (S. X) (STAY AND VACATING INTERIMORDER AND OFFICE REPORT), W.P.(C) NO. 827/2014 (S. X) (EX-PARTESTAY AND OFFICE REPORT), SLP(C) NO. 32589/2014 (S. XIV) (EXEMPTIONFROM FILING O.T.), W.P.(C) NO. 26/2015 (S. X) (STAY AND OFFICE
REPORT), W.P.(C) NO. 79/2015 (S. X) (APPLN.(S) FOR EXTENSION OFTIME AND OFFICE REPORT), W.P.(C) NO. 131/2015 (S. X) (STAY ANDOFFICE REPORT), W.P.(C) NO. 86/2015 (S. X) (DIRECTIONS), W.P.(C)NO. 965/2014 (S. X) (DIRECTIONS AND EX-PARTE STAY AND MODIFICATIONOF COURT'S ORDER AND OFFICE REPORT), SLP(C) NO. 7694/2015 (S. IX)(EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT AND INTERIMRELIEF AND OFFICE REPORT)Date : 09/04/2015 These matters were called on for hearing today.CORAM : HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE KURIAN JOSEPHFor Appellant(s) Mr. Santosh,Adv. Mr. M. Khairati,Adv. For Mr. Gaurav Agrawal,Adv. Mr. Nikhil Nayyar,Adv. Mr. Dhananjay Baijal, Adv. Ms. Akanksha, Adv. Mr. N. Sai Vinod, Adv. Mr. Nishad L.S., Adv. Mr. Nagendra Rai, Sr. Adv. Ms. Priya Hingorani, Adv. Mr. Chandra Bhushan, Adv. Mr. Manoj K. Mishra, Adv. Mr. Bheem Pratap Singh, Adv. Mr. Sandeep Kumar Dwivedi, Adv. Mr. Pradeep Kumar Dwivedi, Adv. Ms. Rinku Mishra, Adv. 7Mr. S. R. Singh, Sr. Adv.Mr. D. N. Dubey, Adv.Mr. Ujjawal Pandey,Adv.Ms. Vandita Rai,Adv.For Asha Gopalan Nair,Adv.Mr. Dhruv Mehta, Sr. Adv.Mr. Darshan Siras, Adv.Mr. Satyajit A. Desai, Adv.Mr. Satyen Vora, Adv.Ms. Priya Ranade, Adv.Mr. Akash Kakade,Adv.For Ms. Anagha Desai,Adv.Mr. Devansh A. Mohta,Adv.Mr. Narhari Singh, Adv.Mr. Rajat Sehgal, Adv.Ms. Anushri Menon, Adv.Mr. Shishir Deshpande,Adv.Mr. Amit Yadav,Adv.For Ms. Sujata Kurdukar,Adv.Mr. S. Wasim A. Qadri, Adv.Mr. J. A. Khan, Adv.Mr. Zaid Ali, Adv.Mr. T. Qadri, Adv.Mr. Sunil Kumar Verma,Adv.Ms. Chandan Ramamurthi,Adv.Mr. Ajit K. Sinha, Sr. Adv.
Mr. R. Sudhinder,Adv.Mr. Dattatray Vyas, Adv.Ms. Prerna Amitabh, Adv.Mr. Abhishek Prasad,Adv.Mr. Ashok Mathur,Adv.Mr. T. N. Singh, Adv.Mr. Randhir Kumar, Adv.Mr. Tarkeshwar Nath,Adv.For Mr. R.P. Goyal,Adv.Mr. Saurabh Devkaran Singh,Adv.For Mr. Jayant K. Mehta,Adv.Ms. Madhavi Khare, Adv.Mr. K.L. Taneja,Adv. 8Ms. Purti M.,Adv.For Mr. A. Venayagam Balan,Adv.Mr. Manohar Lal Sharma, Adv.Ms. Suman, Adv.Mr. Pradhuman Gohil,Adv.Mr. Vikash Singh,Adv.Ms. Taruna Singh,Adv.Mr. Jaikriti S. Jadeja,Adv.Ms. Charu Mathur,Adv.Ms. Prabuddha Sharma, Adv.Mr. Chirag M. Shroff,Adv.Mr. Jitendra Ranawat,Adv.Ms. Mahima Shroff,Adv.Ms. Swati Vaibhav,Adv.Mr. Vikash Sinha,Adv.Mr. Satpal Singh,Adv.Mr. A.S. Chobe,Adv.Mr. P.K. Singh,Adv.Mr. Vijay Kumar,Adv.Mr. Rabin Majumder,Adv.Mr. S. Sadasiva Reddy,Adv.For Ms. S. Usha Reddy,Adv.Mr. K. V. Vishwanathan, Sr. Adv.Mr. P.K. Manohar,Adv.Mr. Jayanth Muth Raj,Adv.Ms. Malavika J.,Adv.Mr. Sureshan P.,Adv.Mr. Vishwajit Singh,Adv.Mr. H. Chandra Sekhar,Adv.Mr. Santhosh Krishnan,Adv.Mr. Marsook Bafaki, Adv.For Mr. Nikhil Goel,Adv.Mr. Jatin Zaveri,Adv.Mr. Neel Kamal Mishra,Adv.Mr. Ranjan Sabharwal,Adv.Mr. Raghav Sabharwal,Adv.
For Mr. Bankey Bihari Sharma,Adv. 9Ms. Ankita Jain,Adv.Ms. Amrita Mishra,Adv.Mr. Ravi Mishra,Adv.For Mr. Jay Savla,Adv.Mr. Lakshmi Raman Singh,Adv.Mr. Sarad Kumar Singhania,Adv.Mr. Santosh Paul,Adv.Mr. Arvind Gupta,Adv.Mr. Krishna Kumar, Adv.Mr. Harish Pandey,Adv.Mr. Sheen,Adv.Mr. Shubham Agarwal,Adv.Mr. N.D.B. Raju,Adv.For Mr. N. Ganpathy,Adv.Mr. S. Ravi Shankar,Adv.Ms. Sangeeta Singh, Adv.Mr. Amar Dave, Adv.Mr. Rishi Maheshwari,Adv.For Mr. P.S. Sudheer,Adv.Mr. Amol Chitale,Adv.Ms. Pragya Baghel,Adv.Ms. Jaya Khanna,Adv.Ms. Neela Gokhale,Adv.Mr. Amit S., Adv.Ms. Kamakshi S. Mehlwal,Adv.Mr. M. Khairati,Adv.For Mr. Irshad Ahmad,Adv.Mr. Santosh Paul,Adv.Mr. Arvind Gupta,Adv.Mr. Harish Pandey, Adv.Mr. Shubham Aggarwal, Adv.For Mr. M.J. Paul,Adv.Mr. Mathew J. Nedupara, Adv.Mr. Joydeep Mukherjee,Adv.Mr. Rabin Majumder,Adv.Mr. Garvesh Kabra,Adv.Ms. Pooja Kabra,Adv. 10Mr. Anirudh Sanganeria,Adv.Mr. Mukul Kumar,Adv.Mr. V.K. Biju, Adv.Mr. D. P. Singh, Adv.Ms. Sonam Gupta,Adv.Mr. Salil Bhattacharya,Adv.Mr. Raj Kiran Vats,Adv.Mr. R.P. Vyas, Adv.Ms. Kanika Khurana, Adv.For Mr. Sanjay Jain,Adv.Mr. Ankur S. Kulkarni,Adv.
Mr. M. Gireesh Kumar,Adv.For Mr. S.K. Kulkarni,Adv.Mr. Ankur Saigal, Adv.Mr. Mahesh Agarwal, Adv.Mr. Rishi Agrawala, Adv.Mr. E.C. Agrawala, Adv.Mr. Jiten Mehra, Adv.Mr. Vikrant Pachnanda, Adv.Mr. Vipin Nair,Adv.Mr. P.B. Suresh,Adv.Mr. Vishnu Shankar Jain,Adv.Mr. Udayaditya Banerjee,Adv.For M/s. Temple Law Firm,Advs.Ms. Garima Prashad,Adv.Mr. S. S. Ray, Adv.Mr. Vaibhav Gulia,Adv.Mr. Rishi, Adv.For Ms. Rakhi Ray,Adv.Mr. Pallav Shishodia, Sr. Adv.Mr. Rajiv Kumar, Adv.Ms. Kusum Chaudhary, Adv.Mr. Atul Babasaheb Dakh,Adv.Ms. Rashmi Singh,Adv.Mr. V.K. Biju,Adv.Mr. Santosh Krishnan,Adv.Mr. Vineet Bhagat,Adv.Ms. Anindita, Adv. 11 Mr. Ajay Kumar Singh,Adv. Mr. Vishal Balecha, Adv.For Respondent(s) Mr. Shekhar Naphade,Sr.Adv. Mr. Krishan Kumar, Adv. Mr. Abha N., Adv. Mr. Chinmoy Khaladkar, Adv. Mr. Preshit Surshe, Adv. Mr. Vinay Navare,Adv. Mr. Satyajeet Kumar,Adv. Mr. Keshav Ranjan,Adv. Ms. Gwen K.B.,Adv. For Ms. Abha R. Sharma,Adv. Mr. Shyam Divan, Sr. Adv. Mr. Sanjay Kharde,Adv. For Mr. Amol Nirmalkumar Suryawanshi,Adv. Mr. Siddhesh Kotwal, Adv. Mr. Annirudh Sharma, Adv. For Mr. Nirnimesh Dube, Adv. Mr. Jaideep Gupta, Sr. Adv. Mr. Kuldeep S. Parihar,Adv. For Mr. H.S. Parihar,Adv. Mr. M.Y. Deshmukh,Adv. For Mr. R.P. Goyal,Adv.
Mr. Debmalya Banerjee, Adv. Ms. Jasmeet Singh, Adv. Mrs. Manik Karanjawala, Adv. Ms. J. Saran, Adv. Mr. Shankar Chillarge,Adv. Ms. Sonia Shankar Chillarge, Adv. For Mr. A.P. Mayee,Adv. Ms. Vibha Datta Makhija,Sr.Adv. Ms. Rashmi Singhania,Adv. Mr. Praveen Chaturvedi,Adv. Mr. Pratap Venugopal, Adv. Ms. Supriya Jain, Adv. Mr. Gaurav Nair, Adv. M/s. K.J. John & Co. Mr. Rajiv Kumar Pandey, Adv. Mr. Anurag Singh, Adv. Mr. Anil Kumar Mishra, Adv. 12Mr. Niraj Sharma,Adv.Mr. M.T. George,Adv.Mr. Maninder Singh, ASGMs. Sunita Sharma,Adv.Ms. Sushma Suri,Adv.Mr. Shreekant N. Terdal,Adv.Ms. Praveena Gautam,Adv.Mr. Deepak Tyagi,Adv.Ms. Pusshp Gupta,Adv.Mr. K. K. Gautam, Adv.Mr. P.I. Jose,Adv.Mr. Alok K. Prasad,Adv.Mr. Vishwanath Bahuguna,Adv.Mr. Shivaji M. Jadhav,Adv.Ms. Divya Sharma, Adv.For M/s. S.M. Jadhav & Co.Mr. R. Basant,Sr.Adv.Mr. C.K. Sasi,Adv.Mr. Karthik Ashok,Adv.Mr. Yash Pal Dhingra,Adv.Mr. Tapesh Kumar Singh,Adv.Ms. Rajani K. Prasad,Adv.For Ms. Annapoorani,Adv.Mr. Yadunandan Bansal,Adv.For Mr. Abhijat P. Medh,Adv.Mr. Anil Kumar Mishra,Adv.Mr. Shekhar Naphade,Sr.Adv.Mr. Chinmoy Khaladkar,Adv.Ms. Neha Sharma, Adv.Mr. Deeptakirti Verma, Adv.Mr. Preshit Surshe,Adv.Mr. Arjun Krishnan,Adv.
Mr. Viraj Kadam, Adv.Mr. D.M. Nargolkar,Adv.Mr. Piyush Sharma,Adv. 13Mr. D. Bharat Kumar,Adv.Mr. Sayooj Mohandas M.,Adv.Mr. T. Baskar Gowtham, Adv.For Mr. Abhijit Sengupta,Adv.Mr. Vatsal Shah,Adv.Mr. S. Aravindh,Adv.Mr. Vimal Pani, Adv.For Mr. Senthil Jagadeesan,Adv.Mr. B. Subrahmanya Prasad,Adv.Mr. Suresh Dutt Dobhal,Adv.Mr. Subramonium Prasad,Adv.Mr. V.N. Raghupathy,Adv.Mr. Rajeev K. Pandey,Adv.For Mr. Rajeev Maheshwaranand Roy,Adv.Mr. Pravin Satale,Adv.For Mr. Rajiv Shankar Dwivedi,Adv.Mr. Ravindra Keshavrao Adsure,Adv.Ms. Hemantika Wahi,Adv.Mr. S.N. Bhat,Adv.Ms. Anuradha Mutatkar,Adv.Mr. Sudhanshu S. Choudhari,Adv.Mr. Avijit Saxena,Adv.For M/s. Karanjawala & Co.,Advs.Mr. M.P. Vinod,Adv.Ms. Neelam S.,Adv.Mr. Dileep Pillai,Adv.Ms. Usha V. Nandini, Adv.Mr. Atul,Adv.Mr. Rajesh Mahale,Adv.Mr. Parvesh Thakur,Adv.Ms. Gargi Khanna,Adv.Ms. Anil Katiyar,Adv.Mr. Manish Pitale,Adv.Mr. Wasi Haider,Adv.For C.S. Ashri,Adv.Mr. Chinmoy Khaladkar,Adv. 14Ms. Neha Sharma,Adv.For Mr. Deeptakirti Verma,Adv.Mr. B. B. Sawhney, Sr. Adv.Mr. R.K. Verma,Adv.Ms. Sunita Sharma, Adv.Mr. T.N. Razdan,Adv.For Ms. Sushma Suri, Adv.Mr. Sonal Jain,Adv.
Mr. Rajiv M. Brahma,Adv.Mr. Sachin Patil,Adv.For Mr. Shriram P. Pingle,Adv.Mr. Gagan Sanghi, Adv.Mr. Lalit Bhasin,Adv.Ms. Nina Gupta,Adv.Mr. Mudit Sharma,Adv.Mr. Parvez A. Khan,Adv.For Mr. P.V. Yogeswarn,Adv.Mr. Rishi Maheshwari,Adv.Ms. Anne Mathew,Adv.Mr. Raj Kumar Kaushik,Adv.Ms. Tarannum Ansari, Adv.For Mr. P.S. Sudheer,Adv.Mr. Anil Nag,Adv.Mr. Gaurav Sharma,Adv.Ms. Amandeep Kaur, Adv.Mr. Prateek Bhatia, Adv.Mr. Prateek Mishra, Adv.Ms. Sushma Suri, Adv.Ms. A. Sumathi,Adv.Mr. Ashok K. Mahajan,Adv.Mr. K. Rajeev,Adv .Mr. Mohit Kumar Shah,Adv.M/s. Dua Associates,Advs.Ms. Bharati Tyagi,Adv.Mr. Anil Kumar Sangal,Adv. 15 UPON hearing counsel the Court made the following O R D E R W.P. (C) 48 of 2012 The Writ Petition is disposed of in terms of the signed order. SLP (C) NO.25126 OF 2013 : Detagged. Mr. Gagan Sanghi, learned Advocate, appearing on behalf of Mr. R.P. Goyal, learned Advocate-on-Record, has submitted that he has instruction to appear for Respondent No.-5-Bank and seeks time to file Vakalatnama and counter affidavit. He shall file vakalatnama within one week and counter affidavit within two weeks from today. Rejoinder affidavit may be filed within one week
thereafter. List the matter on 06.05.2015. Till the next date of hearing, no coercive action shall be taken to recover the amount in question.SLP(C)Nos.9102, 9979 & 10476 of 2014 : Taken on board. In view of order passed in Writ Petition (c) No.48/2012, these petitions do not survive and the learned counsel for the petitioners seeks permission to withdraw the petitions. Permission is granted. 16 The Special Leave Petitions are disposed of as withdrawn. List all the matters on 13.07.2015 at 10.30 AM (forwhole day) (Jayant Kumar Arora) (Sneh Bala Mehra) Sr. P.A. Assistant Registrar
ITEM NO.101(PH) COURT NO.3 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No(s).5674/2009 PANDURANG GANPATI CHAUGULE Appellant(s) VERSUS VISHWASRAO PATIL MURGUD SAHAKARI BANK L. Respondent(s) WITH CONMT.PET.(C)No.320/2013 In SLP(C)No.15507/2013 SLP(C) No. 25930/2009 (Directions and Interim Relief and Office Report) C.A. No. 2440/2011 (Directions, permission to file addl. Documents, stay and vacating stay and Office Report) SLP(C) No. 15507/2013 (With appln.(s) for directions, exemption from filing O.T. and impleadment, permission to file addl. Documents and vacating stay and interim relief and Office Report) W.P.(C) No. 922/2013 (Directions and permission to file addl. Documents and Office Report) W.P.(C) No. 1007/2013 (Stay and Office Report) W.P.(C) No. 142/2014 (Ex-parte stay and Office Report) W.P.(C) No. 168/2014 (Stay and vacating stay and Office Report) W.P.(C) No. 169/2014 (Stay and vacating stay and Office Report) W.P.(C) No. 421/2014 (Stay and vacating stay and Office Report) W.P.(C) No. 1020/2014 (Directions and Office Report) C.A. No. 5675/2009 (Interim Relief and Office Report) 1
C.A. No. 5681/2009 (With Office Report) C.A. No. 5682/2009 (With Interim Relief and Office Report) C.A. No. 5684/2009 (Directions and Interim Relief) W.P.(C) No. 318/2010 (Stay and Office Report) C.A. No. 1468/2010 (Exemption from filing O.T. and vacating stay) C.A. No. 4391/2010 (Recalling the Court's order dated 18.2.2015 and permission to file counter affidavit and Office Report) C.A. No. 7410/2010 SLP(C) No. 24309/2010 W.P.(C) No. 41/2011 (Stay and vacating stay and Office Report) W.P.(C) No. 220/2011 (Stay and Office Report) W.P.(C) No. 293/2011 (Directions, stay and Office Report) W.P.(C) No. 306/2011 (Directions, stay and Office Report) W.P.(C) No. 308/2011 (Directions, stay and Office Report) W.P.(C) No. 338/2011 (Stay and Office Report) W.P.(C) No. 375/2011 (Stay and Office Report) SLP(C) Nos. 7295-7298/2011 (With Office Report) SLP(C) Nos. 22304-22305/2011 (Exemption from filing c/c of the impugned judgment and Office Report) SLP(C) Nos. 24479-24480/2011 (Interim Relief and Office Report) 2
W.P.(C) No. 97/2012 (Directions, stay and Office Report) W.P.(C) No. 103/2012 (Directions, stay and Office Report) W.P.(C) No. 122/2012 (Stay, vacating stay and Office Report) W.P.(C) No. 199/2012 (Stay and Office Report) W.P.(C) No. 250/2012 (Stay and Office Report) W.P.(C) No. 291/2012 (With Office Report) W.P.(C) No. 386/2012 (Stay and Office Report) W.P.(C) No. 487/2012 (Stay and Office Report) W.P.(C) No. 537/2012 (Permission to file addl. Documents, stay and office report) W.P.(C) No. 554/2012 (Directions, stay and Office Report) SLP(C) No. 24276/2012 (Interim Relief and Office Report) W.P.(C) No. 36/2013 (Stay and Office Report) W.P.(C) No. 111/2013 (Directions, stay and Office Report) W.P.(C) No. 112/2013 (Directions, stay and Office Report) W.P.(C) No. 138/2013 (Stay and Office Report) W.P.(C) No. 146/2013 (Stay and Office Report) W.P.(C) No. 151/2013 (Stay and Office Report) W.P.(C) No. 175/2013 (Stay and Office Report) 3
W.P.(C) No. 179/2013 (Stay and Office Report) W.P.(C) No. 181/2013 (Stay and Office Report) W.P.(C) No. 191/2013 (Directions, stay, vacation of ex-parte stay and Office Report) W.P.(C) No. 192/2013 (Directions, stay and Office Report) W.P.(C) No. 201/2013 (Stay and Office Report) W.P.(C) No. 233/2013 (Stay and Office Report) W.P.(C) No. 236/2013 (Stay and Office Report) W.P.(C) No. 238/2013 (Stay and Office Report) W.P.(C) No. 248/2013 (Stay and Office Report) W.P.(C) No. 250/2013 (Stay and Office Report) W.P.(C) No. 253/2013 (Stay, vacating stay and Office Report) W.P.(C) No. 264/2013 (Impleadment and stay and Office Report) W.P.(C) No. 265/2013 (Directions, stay and Office Report) W.P.(C) No. 266/2013 (Stay and Office Report) W.P.(C) No. 270/2013 (Directions, stay and Office Report) W.P.(C) No. 271/2013 (Directions, stay and Office Report) W.P.(C) No. 279/2013 (Stay and Office Report) W.P.(C) No. 280/2013 (Stay and Office Report) 4
W.P.(C) No. 284/2013 (Impleadment, stay and office report) W.P.(C) No. 353/2013 (Stay and Office Report) W.P.(C) No. 452/2013 (Stay and Office Report) W.P.(C) No. 469/2013 (Office Report) W.P.(C) No. 588/2013 (Impleadment, impleadment as party respondent, stay and Office Report) W.P.(C) No. 753/2013 (Stay and Office Report) W.P.(C) No. 758/2013 (Stay and Office Report) W.P.(C) No. 761/2013 (Stay and Office Report) W.P.(C) No. 762/2013 (Stay and Office Report) W.P.(C) No. 800/2013 (Directions and Office Report) W.P.(C) No. 819/2013 (Stay and Office Report) W.P.(C) No. 877/2013 (Directions and Office Report) W.P.(C) No. 1037/2013 (Directions, stay and Office Report) W.P.(C) No. 1043/2013 (Stay and Office Report) W.P.(C) No. 1044/2013 (Stay and Office Report) W.P.(C) No. 1045/2013 (Stay and Office Report) SLP(C) No. 12916/2013 (Interim Relief and Office Report) 5
SLP(C) No. 15634-15635/2013 (C/delay in filing SLP and Office Report) SLP(C) No. 17054/2013 (Interim Relief and Office Report) SLP(C) No. 18775/2013 (Interim Relief and Office Report) SLP(C) No. 18777/2013 (Interim Relief and Office Report) SLP(C) No. 29720/2013 (With Office Report) SLP(C) No. 29721/2013 (With Office Report) SLP(C) No. 35137/2013 (With appln.(s) for modification/recalling of Court's Order and Interim Relief and Office Report) W.P.(C) No. 5/2014 (Stay and Office Report) W.P.(C) No. 10/2014 (Stay and Office Report)) W.P.(C) No. 352/2014 (Directions, stay and Office Report) W.P.(C) No. 408/2014 (Stay and Office Report) W.P.(C) No. 420/2014 (Stay and Office Report) W.P.(C) No. 492/2014 (Exemption from filing O.T., stay and Office Report) W.P.(C) No. 712/2014 (Stay, vacating stay and Office Report) W.P.(C) No. 714/2014 (Directions, stay, vacating stay and Office Report) W.P.(C) No. 754/2014 (Exemption from filing O.T., stay and Office Report) W.P.(C) No. 756/2014 (Directions, stay and Office Report) 6
S.L.P.(C)...CC No. 7586/2014 (C/delay in filing SLP and Office Report) W.P.(C) No. 795/2014 (Stay and Office Report) W.P.(C) No. 849/2014 (Ex-parte stay, vacating interim order and Office Report) W.P.(C) No. 838/2014 (Stay, vacating interim order and Office Report) W.P.(C) No. 827/2014 (Ex-parte stay and Office Report) SLP(C) No. 32589/2014 (Exemption from filing O.T.) W.P.(C) No. 26/2015 (Stay and Office Report) W.P.(C) No. 79/2015 (Appln.(s) for extension of time and Office Report) W.P.(C) No. 131/2015 (Stay and Office Report) W.P.(C) No. 86/2015 (Directions) SLP(C) No. 7694/2015 (Exemption from filing c/c of the impugned judgment, interim relief and Office Report) Date : 08/04/2015 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE KURIAN JOSEPH For Appellant(s) Mr. Devansh A. Mohta,Adv. Mr. Gaurav Agrawal,Adv. Mr. Devansh A. Mohta,Adv. Mr. Shishir Deshpande,Adv. Ms. Sujata Kurdukar,Adv. Mr. Amit Yadav,Adv. Mr. M. Kharati,Adv. Mr. Irshad Ahmad,Adv. 7
Mr. Santosh Krishnan,Adv. Mr. Anirudh Sanganeria,Adv. Mr. Mukul Kumar,Adv. Mr. K. Radhakrishnan,Sr.Adv. Mr. M.Y. Deshmukh,Adv. Mr. Rameshwar Prasad Goyal,Adv. Mr. P.B. Suresh,Adv. Mr. Vipin Nair,Adv. Mr. Vishnu Shankar Jain,Adv. For M/s. Temple Law Firm,Advs. Mr. P.S. Sudheer,Adv. Mr. Rishi Maheshwari,adv. Ms. Anne Mathew,Adv. Mr. Raj Kumar Kaushik,Adv. Ms. Tarannum Ansari,Adv. Mr. Ankur Saigal,Adv. Mr. E.C. Agrawala,Adv. Mr. Vikrant Pachnanda,Adv. Mr. S.K. Kulkarni,Adv. Mr. M. Gireesh Kumar,Adv. Mr. Ankur S. Kulkarni,Adv. Mr. Akash Kakade,Adv. For Ms. Anagha S. Desai,Adv. Ms. Kamakshi S. Mehlwal,Adv. Mr. Ashok Mathur,Adv. Mr. Vishwajit Singh,Adv. Mrs. S. Usha Reddy,Adv. Mr. Garvesh Kabra,Adv. Mr. Vijay Kumar,Adv. Mr. Nikhil Nayyar,Adv. Ms. Chandan Ramamurthi,Adv. Mr. Jayant Kumar Mehta,Adv. Mr. K.L. Taneja,Adv. Mr. A. Venayagam Balan,Adv. Ms. Charu Mathur,Adv. Mr. Satpal Singh,Adv. Mr. H. Chandra Sekhar,Adv. Mr. Nikhil Goel,Adv. Mr. Jatin Zaveri,Adv. Mr. Bankey Bihari Sharma,Adv. Mr. Lakshmi Raman Singh,Adv. Ms. Sujata Kurdukar,Adv. Mr. Sarad Kumar Singhania,Adv. Mr. Harish Pandey,Adv. 8
Mr. N. Ganpathy,Adv. Ms. Pragya Baghel,Adv. Mr. M.J. Paul,Adv. Ms. Garima Prashad,Adv. Ms. Rakhi Ray,Adv. Mr. Atul Babasaheb Dakh,Adv. Ms. Rashmi Singh,Adv. Mr. Vineet Bhagat,Adv. Mr. K. Krishna Kumar,Adv. Mr. Ajay Kumar Singh,Adv. Mr. Chirag M. Shroff,Adv. Mr. Yadav Narender Singh,Adv. Mr. Rabin Majumder,Adv. Mr. Subramonium Prasad,Adv. For Respondent(s) Mr. Shekhar Naphade,Sr.Adv. Mr. Vinay Navare,Adv. Mr. Satyajeet Kumar,Adv. Mr. Keshav Ranjan,Adv. Mr. Gwen K.B.,Adv. For Ms. Abha R. Sharma,Adv. Mr. B.B. Sawhney,Sr.Adv. Ms. Sunita Sharma,Ad. Mr. T.N. Razdan,Adv. Mr. R.K. Verma,Adv. Mr. Aditya Shandilya,Adv. Mr. Shreekant N. Terdal,Adv. Ms. Sushma Suri,Adv. Mr. Jaideep Gupta,Sr.Adv. Mr. Kuldeep S. Parihar,Adv. Mr. H.S. Parihar,Adv. Mr. Pratap Venugopal,Adv. Ms. Supriya Jain,Adv. Mr. Purushottam Kumar Jha,Adv. For M/s. K.J. John & Co.,Advs. Mr. Amar Dave,Adv. Mr. P.S. Sudheer,Adv. Mr. Rishi Maheshwari,Adv. Mr. Viraj Kadam,Adv. Mr. D.M. Nargolkar,Adv. Mr. Manish Pitale,Adv. Mr. Wasi Haider,Adv. For Mr. C.S. Ashri,Adv. 9
Mr. D. Bharat Kumar,Adv. Mr. Sayooj Mohandas M.,Adv. Mr. T. Baskar Gowtham,Adv. Mr. Abhijit Sengupta,Adv. Mr. Gaurav Sharma,Adv. Mr. Amandeep Kaur,Adv. Mr. Prateek Bhatia,Adv. Mr. Prateek Mishra,Adv. Mr. Chinmoy Khaladkar,Adv. Ms. Neha Sharma,Adv. Mr. Deeptakirti Verma,Adv. Mr. S.M. Jadhav,Adv. Ms. Divya Sharma,Adv. For M/s. S.M. & Company,Advs. Mr. Rajeev K. Panday,Adv. Mr. Rajeev Maheshwaranand Roy,Adv. State of Mah. Mr. Shankar Chillarge,Adv. Ms. Sonia Shankar Chillarge,Adv. For Mr. A.P. Mayee,Adv. Mr. Praveen Chaturvedi,Adv. Mr. Tapesh Kumar Singh,Adv. M/s. Dua Associates,Advs. Mr. Amol Nirmalkumar Suryawanshi,Adv. Mr. Arjun Krishnan,Adv. Mr. Shriram P. Pingle,Adv. Ms. Bharti Tyagi,Adv. Ms. Asha Gopalan Nair,Adv. Mr. Nirnimesh Dube,Adv. Ms. Anuradha Mutatkar,Adv. Mr. Uday B. Dube,Adv. Mr. Niraj Sharma,Adv. Mr. M.T. George,Adv. Ms. Praveena Gautam,Adv. Mr. V.N. Raghupathy,Adv. Mr. S.N. Bhat,Adv. Ms. N. Annapoorani,Adv. Mr. Anil Kumar Mishra,Adv. Mr. Piyush Sharma,Adv. Mr. B. Subrahmanya Prasad,Adv. Mr. Rajiv Shankar Dvivedi,Adv. Ms. Hemantika Wahi,Adv. M/s. Karanjawala & Co.,Advs. Mr. Ravindra Keshavrao Adsure,Adv. Mr. Rajesh Mahale,Adv. Mr. Anup Jain,Adv. Mr. Anil Nag,Adv. 10
Mr. Manoj K. Mishra,Adv. For Intervenor Mr. Lalit Bhasin,Adv. Ms. Nina Gupta,Adv. Ms. M. Vidhya,Adv. Mr. Parvez A. Khan,Adv. Mr. Mudit Sharma,Adv. UPON hearing the counsel the Court made the following O R D E R Mr. Devansh Mohta, learned counsel, started his arguments at 10.40 a.m. and concluded at 12.15 p.m. Then, Mr. Garvesh Kabra, learned counsel made his submissions for a few minutes. Thereafter, Mr. Shekhar Naphade, learned senior counsel, started his arguments and was on his legs till the Court rose for the day. The matters remained Part-heard. List the matters tomorrow, i.e., 9 th April, 2015, as Part-heard. C.A.No.2440 of 2011 : The civil appeal is disposed of as withdrawn in terms of the signed order. (Sarita Purohit) (Sneh Bala Mehra) Court Master Assistant Registrar (Signed order in Civil Appeal No.2440/2011 is placed on the file) 11
Fp ITEM NO.101(PH) COURT NO.3 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No(s).5674/2009 PANDURANG GANPATI CHAUGULE Appellant(s) VERSUS VISHWASRAO PATIL MURGUD SAHAKARI BANK L. Respondent(s) WITH CONMT.PET.(C)No.320/2013 In SLP(C)No.15507/2013 SLP(C) No. 25930/2009 (Directions and Interim Relief and Office Report) C.A. No. 2440/2011 (Directions, permission to file addl. Documents, stay and vacating stay and Office Report) SLP(C) No. 15507/2013 (With appln.(s) for directions, exemption from filing O.T. and impleadment, permission to file addl. Documents and vacating stay and interim relief and Office Report) W.P.(C) No. 922/2013 (Directions and permission to file addl. Documents and Office Report) W.P.(C) No. 1007/2013 (Stay and Office Report) W.P.(C) No. 142/2014 (Ex-parte stay and Office Report) W.P.(C) No. 168/2014 (Stay and vacating stay and Office Report) W.P.(C) No. 169/2014 (Stay and vacating stay and Office Report) W.P.(C) No. 421/2014 (Stay and vacating stay and Office Report) W.P.(C) No. 1020/2014Signature Not Verified (Directions and Office Report)Digitally signed bySarita PurohitDate: 2015.04.1714:38:58 ISTReason: C.A. No. 5675/2009 (Interim Relief and Office Report) 1C.A. No. 5681/2009(With Office Report)C.A. No. 5682/2009(With Interim Relief and Office Report)
C.A. No. 5684/2009(Directions and Interim Relief) W.P.(C) No. 318/2010(Stay and Office Report)C.A. No. 1468/2010(Exemption from filing O.T. and vacating stay)C.A. No. 4391/2010(Recalling the Court's order dated 18.2.2015 and permission to file counter affidavit and Office Report)C.A. No. 7410/2010SLP(C) No. 24309/2010W.P.(C) No. 41/2011(Stay and vacating stay and Office Report)W.P.(C) No. 220/2011(Stay and Office Report)W.P.(C) No. 293/2011 (Directions, stay and Office Report)W.P.(C) No. 306/2011(Directions, stay and Office Report)W.P.(C) No. 308/2011(Directions, stay and Office Report)W.P.(C) No. 338/2011(Stay and Office Report)W.P.(C) No. 375/2011(Stay and Office Report)SLP(C) Nos. 7295-7298/2011(With Office Report)SLP(C) Nos. 22304-22305/2011(Exemption from filing c/c of the impugned judgment and OfficeReport)SLP(C) Nos. 24479-24480/2011(Interim Relief and Office Report) 2W.P.(C) No. 97/2012(Directions, stay and Office Report)W.P.(C) No. 103/2012(Directions, stay and Office Report)W.P.(C) No. 122/2012(Stay, vacating stay and Office Report)W.P.(C) No. 199/2012(Stay and Office Report)W.P.(C) No. 250/2012(Stay and Office Report)W.P.(C) No. 291/2012(With Office Report)W.P.(C) No. 386/2012(Stay and Office Report)
W.P.(C) No. 487/2012(Stay and Office Report)W.P.(C) No. 537/2012(Permission to file addl. Documents, stay and office report)W.P.(C) No. 554/2012(Directions, stay and Office Report)SLP(C) No. 24276/2012(Interim Relief and Office Report)W.P.(C) No. 36/2013(Stay and Office Report)W.P.(C) No. 111/2013(Directions, stay and Office Report)W.P.(C) No. 112/2013(Directions, stay and Office Report)W.P.(C) No. 138/2013(Stay and Office Report)W.P.(C) No. 146/2013(Stay and Office Report)W.P.(C) No. 151/2013(Stay and Office Report)W.P.(C) No. 175/2013(Stay and Office Report) 3W.P.(C) No. 179/2013(Stay and Office Report)W.P.(C) No. 181/2013(Stay and Office Report)W.P.(C) No. 191/2013(Directions, stay, vacation of ex-parte stay and Office Report)W.P.(C) No. 192/2013(Directions, stay and Office Report)W.P.(C) No. 201/2013(Stay and Office Report)W.P.(C) No. 233/2013(Stay and Office Report)W.P.(C) No. 236/2013(Stay and Office Report)W.P.(C) No. 238/2013(Stay and Office Report)W.P.(C) No. 248/2013(Stay and Office Report)W.P.(C) No. 250/2013(Stay and Office Report)W.P.(C) No. 253/2013(Stay, vacating stay and Office Report)W.P.(C) No. 264/2013(Impleadment and stay and Office Report)
W.P.(C) No. 265/2013(Directions, stay and Office Report)W.P.(C) No. 266/2013(Stay and Office Report)W.P.(C) No. 270/2013(Directions, stay and Office Report)W.P.(C) No. 271/2013(Directions, stay and Office Report)W.P.(C) No. 279/2013(Stay and Office Report)W.P.(C) No. 280/2013(Stay and Office Report) 4W.P.(C) No. 284/2013(Impleadment, stay and office report)W.P.(C) No. 353/2013(Stay and Office Report)W.P.(C) No. 452/2013(Stay and Office Report)W.P.(C) No. 469/2013(Office Report)W.P.(C) No. 588/2013(Impleadment, impleadment as party respondent, stay and OfficeReport)W.P.(C) No. 753/2013(Stay and Office Report)W.P.(C) No. 758/2013(Stay and Office Report)W.P.(C) No. 761/2013(Stay and Office Report)W.P.(C) No. 762/2013(Stay and Office Report)W.P.(C) No. 800/2013(Directions and Office Report)W.P.(C) No. 819/2013(Stay and Office Report)W.P.(C) No. 877/2013(Directions and Office Report)W.P.(C) No. 1037/2013(Directions, stay and Office Report)W.P.(C) No. 1043/2013(Stay and Office Report)W.P.(C) No. 1044/2013(Stay and Office Report)W.P.(C) No. 1045/2013(Stay and Office Report)
SLP(C) No. 12916/2013(Interim Relief and Office Report) 5SLP(C) No. 15634-15635/2013(C/delay in filing SLP and Office Report)SLP(C) No. 17054/2013(Interim Relief and Office Report)SLP(C) No. 18775/2013(Interim Relief and Office Report)SLP(C) No. 18777/2013(Interim Relief and Office Report)SLP(C) No. 29720/2013(With Office Report)SLP(C) No. 29721/2013(With Office Report)SLP(C) No. 35137/2013(With appln.(s) for modification/recalling of Court's Order andInterim Relief and Office Report)W.P.(C) No. 5/2014(Stay and Office Report)W.P.(C) No. 10/2014(Stay and Office Report))W.P.(C) No. 352/2014(Directions, stay and Office Report)W.P.(C) No. 408/2014(Stay and Office Report)W.P.(C) No. 420/2014(Stay and Office Report)W.P.(C) No. 492/2014(Exemption from filing O.T., stay and Office Report)W.P.(C) No. 712/2014(Stay, vacating stay and Office Report)W.P.(C) No. 714/2014(Directions, stay, vacating stay and Office Report)W.P.(C) No. 754/2014(Exemption from filing O.T., stay and Office Report)W.P.(C) No. 756/2014(Directions, stay and Office Report) 6S.L.P.(C)...CC No. 7586/2014(C/delay in filing SLP and Office Report)W.P.(C) No. 795/2014(Stay and Office Report)W.P.(C) No. 849/2014(Ex-parte stay, vacating interim order and Office Report)
W.P.(C) No. 838/2014(Stay, vacating interim order and Office Report)W.P.(C) No. 827/2014(Ex-parte stay and Office Report)SLP(C) No. 32589/2014(Exemption from filing O.T.)W.P.(C) No. 26/2015(Stay and Office Report)W.P.(C) No. 79/2015(Appln.(s) for extension of time and Office Report)W.P.(C) No. 131/2015(Stay and Office Report)W.P.(C) No. 86/2015(Directions)SLP(C) No. 7694/2015(Exemption from filing c/c of the impugned judgment, interimrelief and Office Report)Date : 08/04/2015 These matters were called on for hearing today.CORAM : HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE KURIAN JOSEPHFor Appellant(s) Mr. Devansh A. Mohta,Adv. Mr. Gaurav Agrawal,Adv. Mr. Devansh A. Mohta,Adv. Mr. Shishir Deshpande,Adv. Ms. Sujata Kurdukar,Adv. Mr. Amit Yadav,Adv. Mr. M. Kharati,Adv. Mr. Irshad Ahmad,Adv. 7Mr. Santosh Krishnan,Adv.Mr. Anirudh Sanganeria,Adv.Mr. Mukul Kumar,Adv.Mr. K. Radhakrishnan,Sr.Adv.Mr. M.Y. Deshmukh,Adv.Mr. Rameshwar Prasad Goyal,Adv.Mr. P.B. Suresh,Adv.Mr. Vipin Nair,Adv.Mr. Vishnu Shankar Jain,Adv.For M/s. Temple Law Firm,Advs.Mr. P.S. Sudheer,Adv.Mr. Rishi Maheshwari,adv.Ms. Anne Mathew,Adv.Mr. Raj Kumar Kaushik,Adv.Ms. Tarannum Ansari,Adv.Mr. Ankur Saigal,Adv.Mr. E.C. Agrawala,Adv.
Mr. Vikrant Pachnanda,Adv.Mr. S.K. Kulkarni,Adv.Mr. M. Gireesh Kumar,Adv.Mr. Ankur S. Kulkarni,Adv.Mr. Akash Kakade,Adv.For Ms. Anagha S. Desai,Adv.Ms. Kamakshi S. Mehlwal,Adv.Mr. Ashok Mathur,Adv.Mr. Vishwajit Singh,Adv.Mrs. S. Usha Reddy,Adv.Mr. Garvesh Kabra,Adv.Mr. Vijay Kumar,Adv.Mr. Nikhil Nayyar,Adv.Ms. Chandan Ramamurthi,Adv.Mr. Jayant Kumar Mehta,Adv.Mr. K.L. Taneja,Adv.Mr. A. Venayagam Balan,Adv.Ms. Charu Mathur,Adv.Mr. Satpal Singh,Adv.Mr. H. Chandra Sekhar,Adv.Mr. Nikhil Goel,Adv.Mr. Jatin Zaveri,Adv.Mr. Bankey Bihari Sharma,Adv.Mr. Lakshmi Raman Singh,Adv.Ms. Sujata Kurdukar,Adv.Mr. Sarad Kumar Singhania,Adv.Mr. Harish Pandey,Adv. 8 Mr. N. Ganpathy,Adv. Ms. Pragya Baghel,Adv. Mr. M.J. Paul,Adv. Ms. Garima Prashad,Adv. Ms. Rakhi Ray,Adv. Mr. Atul Babasaheb Dakh,Adv. Ms. Rashmi Singh,Adv. Mr. Vineet Bhagat,Adv. Mr. K. Krishna Kumar,Adv. Mr. Ajay Kumar Singh,Adv. Mr. Chirag M. Shroff,Adv. Mr. Yadav Narender Singh,Adv. Mr. Rabin Majumder,Adv. Mr. Subramonium Prasad,Adv.For Respondent(s) Mr. Shekhar Naphade,Sr.Adv. Mr. Vinay Navare,Adv. Mr. Satyajeet Kumar,Adv. Mr. Keshav Ranjan,Adv. Mr. Gwen K.B.,Adv. For Ms. Abha R. Sharma,Adv. Mr. B.B. Sawhney,Sr.Adv. Ms. Sunita Sharma,Ad. Mr. T.N. Razdan,Adv. Mr. R.K. Verma,Adv. Mr. Aditya Shandilya,Adv. Mr. Shreekant N. Terdal,Adv. Ms. Sushma Suri,Adv. Mr. Jaideep Gupta,Sr.Adv. Mr. Kuldeep S. Parihar,Adv. Mr. H.S. Parihar,Adv. Mr. Pratap Venugopal,Adv. Ms. Supriya Jain,Adv.
Mr. Purushottam Kumar Jha,Adv. For M/s. K.J. John & Co.,Advs. Mr. Amar Dave,Adv. Mr. P.S. Sudheer,Adv. Mr. Rishi Maheshwari,Adv. Mr. Viraj Kadam,Adv. Mr. D.M. Nargolkar,Adv. Mr. Manish Pitale,Adv. Mr. Wasi Haider,Adv. For Mr. C.S. Ashri,Adv. 9 Mr. D. Bharat Kumar,Adv. Mr. Sayooj Mohandas M.,Adv. Mr. T. Baskar Gowtham,Adv. Mr. Abhijit Sengupta,Adv. Mr. Gaurav Sharma,Adv. Mr. Amandeep Kaur,Adv. Mr. Prateek Bhatia,Adv. Mr. Prateek Mishra,Adv. Mr. Chinmoy Khaladkar,Adv. Ms. Neha Sharma,Adv. Mr. Deeptakirti Verma,Adv. Mr. S.M. Jadhav,Adv. Ms. Divya Sharma,Adv. For M/s. S.M. & Company,Advs. Mr. Rajeev K. Panday,Adv. Mr. Rajeev Maheshwaranand Roy,Adv.State of Mah. Mr. Shankar Chillarge,Adv. Ms. Sonia Shankar Chillarge,Adv. For Mr. A.P. Mayee,Adv. Mr. Praveen Chaturvedi,Adv. Mr. Tapesh Kumar Singh,Adv. M/s. Dua Associates,Advs. Mr. Amol Nirmalkumar Suryawanshi,Adv. Mr. Arjun Krishnan,Adv. Mr. Shriram P. Pingle,Adv. Ms. Bharti Tyagi,Adv. Ms. Asha Gopalan Nair,Adv. Mr. Nirnimesh Dube,Adv. Ms. Anuradha Mutatkar,Adv. Mr. Uday B. Dube,Adv. Mr. Niraj Sharma,Adv. Mr. M.T. George,Adv. Ms. Praveena Gautam,Adv. Mr. V.N. Raghupathy,Adv. Mr. S.N. Bhat,Adv. Ms. N. Annapoorani,Adv. Mr. Anil Kumar Mishra,Adv. Mr. Piyush Sharma,Adv. Mr. B. Subrahmanya Prasad,Adv. Mr. Rajiv Shankar Dvivedi,Adv. Ms. Hemantika Wahi,Adv. M/s. Karanjawala & Co.,Advs. Mr. Ravindra Keshavrao Adsure,Adv. Mr. Rajesh Mahale,Adv. Mr. Anup Jain,Adv.
Mr. Anil Nag,Adv. 10 Mr. Manoj K. Mishra,Adv.For Intervenor Mr. Lalit Bhasin,Adv. Ms. Nina Gupta,Adv. Ms. M. Vidhya,Adv. Mr. Parvez A. Khan,Adv. Mr. Mudit Sharma,Adv. UPON hearing the counsel the Court made the following O R D E R Mr. Devansh Mohta, learned counsel, started his arguments at 10.40 a.m. and concluded at 12.15 p.m. Then, Mr. Garvesh Kabra, learned counsel made his submissions for a few minutes. Thereafter, Mr. Shekhar Naphade, learned senior counsel, started his arguments and was on his legs till the Court rose for the day. The matters remained Part-heard. List the matters tomorrow, i.e., 9th April, 2015, as Part-heard. C.A.No.2440 of 2011 : The civil appeal is disposed of as withdrawn in terms of the signed order. (Sarita Purohit) (Sneh Bala Mehra) Court Master Assistant Registrar(Signed order in Civil Appeal No.2440/2011 is placed on the file) 11
1 IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (C) NO.5 OF 2012 SURENDRA PAPER MART & ORS. ... PETITIONER(S) VS. UNION OF INDIA & ORS. ... RESPONDENT(S) O R D E R The learned counsel appearing for the petitioners has fairly submitted that the respondent-Bank is a Multi-State Cooperative Bank. In the circumstances, he seeks permission to withdraw the writ petition. Permission is granted. The writ petition stands disposed of as withdrawn. Ad-interim relief, if any, granted earlier shall stand vacated. ..............J. [ANIL R. DAVE] ..............J. [KURIAN JOSEPH] New Delhi; 7 th April, 2015.
2 IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (C) NO.7 OF 2013 M/S. RIGHT OUTDOOR SIGN PVT. LTD. & ORS. ...PETITIONER(S) VS. UNION OF INDIA & ORS. ...RESPONDENT(S) O R D E R The learned counsel appearing for the petitioners has submitted that the petitioners and the respondent- creditor(s) had entered into an agreement with regard to an arbitration and the Award made by the Arbitrator has already been challenged by filing an appeal. In view of the above development, the writ petition does not survive, which is accordingly disposed of. Interim relief, if any, stands vacated.
3 In view of the disposal of the writ petition, the pending application(s), if any, shall also stand disposed of. ..............J. [ANIL R. DAVE] ..............J. [KURIAN JOSEPH] New Delhi; 7 th April, 2015.
4 IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (C) NO.208 OF 2014 RAMKRUSHNAJI SHANKARRAOJI UMATE ... PETITIONER(S) VS. UNION OF INDIA & ORS. ... RESPONDENT(S) O R D E R Taken on board. The matter was notified for hearing on 26 th March, 2015 when the writ petition was disposed of. Upon being mentioned by the learned counsel for the petitioner, the order dated 26 th March, 2015 is recalled. The order shall be read as : “ None appears for the respondent, though served. The petitioner is a member of Indira Sahakari Soot Girni Maryadit, Wardha, who is Respondent No.3 herein (instead of : one of the sugar factories ), which had borrowed money from the respondent- Cooperative Bank. The sugar factory has already filed Dispute No.473/2013 (instead of : Dispute No.413/2013 ) on 24 th October, 2012 in Cooperative Court at Nagpur, which is pending. Looking at the facts of the case, the Cooperative Court is directed to dispose of the pending suit preferably within six months from the date of getting intimation of this order. We are sure that the learned advocates appearing before the Court shall extend their
5 cooperation to the Court so that the suit can be disposed of as soon as possible. The writ petition stands disposed of accordingly. Ad-interim relief granted earlier shall continue till the Dispute No.473/2013 (instead of : Dispute No.413/2013 ) is decided. The question of law is kept open.” The order dated 26 th March, 2015 stands modified as above. ..............J. [ANIL R. DAVE] ..............J. [KURIAN JOSEPH] New Delhi; 7 th April, 2015.
6 IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (C) NO.460 OF 2012 MRS. ANJU SUNIL BABLANI & ORS. ... PETITIONER(S) VS. UNION OF INDIA & ORS. ... RESPONDENT(S) O R D E R The learned counsel appearing for the petitioners has submitted that the petitioners and the respondent-creditor(s) had entered into an agreement with regard to arbitration in pursuance of the said arbitration proceedings an Award had been made and against the said Award, an appeal has already been filed by the petitioners. In view of the above development, the writ petition does not survive, which is accordingly disposed of. In view of the disposal of the writ petition, the pending application, if any, also stands disposed of. I nterim relief, if any, stands vacated. ..............J. [ANIL R. DAVE] ..............J. [KURIAN JOSEPH] New Delhi; 7 th April, 2015.
7 IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (C) NO.461 OF 2012 MR. SUNIL SACHU BABLANI & ORS. ... PETITIONER(S) VS. UNION OF INDIA & ORS. ... RESPONDENT(S) O R D E R The learned counsel appearing for the petitioners has submitted that the petitioners and the respondent-creditor(s) had entered into an agreement of arbitration and an Award had already been made; and against the said Award, an appeal has already been filed by the petitioners. In view of the above development, the writ petition does not survive, which is accordingly disposed of. In view of the disposal of the writ petition, the pending application, if any, stands disposed of. Interim relief, if any, stands vacated. ..............J. [ANIL R. DAVE] ..............J. [KURIAN JOSEPH] New Delhi; 7 th April, 2015.
8 IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (C) NO.868 OF 2013 SMIT. SIVAKAMI BALASUBRAMANIAM ... PETITIONER(S) VS. ABHYUDAYA CO-OP. BANK LTD. & ORS. ... RESPONDENT(S) O R D E R Nobody is present for the petitioner. It has been submitted by the learned counsel appearing for the respondent-Bank that the Bank is a Multi-State Cooperative Bank. In the circumstances, the writ Petition does not survive and it is disposed of accordingly. Interim relief stands vacated. It would be open to the petitioners to take appropriate action in accordance with law for challenging the validity of the impugned order. ..............J. [ANIL R. DAVE] ..............J. [KURIAN JOSEPH] New Delhi; 7 th April, 2015.
9 NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION INTERLOCUTORY APPLICATION NO.3 (For directions) IN WRIT PETITION (C) NO.965 OF 2014 M/S. RADIANCE PROPERTIES (INDIA) LTD. & ORS. ... PETITIONER(S) VS. UNION OF INDIA & ORS. ... RESPONDENT(S) J U D G M E N T ANIL R. DAVE, J. 1. Ad-interim relief granted earlier has come to an end as the amount payable as per an interim order has not been paid so far. 2. On behalf of the petitioners it has been submitted that the petitioners desire to sell Plot No.B2, Sector-8 and Plot No.64/64A, Ulwe, Navi Mumbai, in favour of somebody, who is prepared to offer Rs.30 crores or the market value, which might be more than what might be offered by an auction purchaser at the time of an auction. If so, the petitioner may enter into a tripartite agreement with the Bank and the buyer so that the one who is intending to purchase the property, can
10 make payment to the Bank directly and the amount so paid by the buyer may be adjusted by the Bank towards the dues of the petitioners. 3. The learned counsel appearing for the Bank has agreed to the aforesaid arrangement, provided the buyer and the petitioners approach the Bank before the date when the auction is to be held. 4. Needless to say that if the amount realised by the Bank from disposal/sale of the afore-stated two properties is not sufficient, it would be open to the Bank to take appropriate action in accordance with law for disposal of other properties for realising the dues. While disposing of other properties also, the afore-stated methodology be followed. 5. In view of the above directions, the petition stands disposed of. 6. In view of the disposal of the writ petition, the pending application(s) also stand disposed of. ..............J. [ANIL R. DAVE] ..............J. [KURIAN JOSEPH] New Delhi; 7 th April, 2015.
11 IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (C) NO. 411 OF 2011 M/S BHAGRA RESORTS PVT. LTD. & ORS. PETITIONER(s) VERSUS UNION OF INDIA & ORS. RESPONDENT(s) O R D E R The learned counsel for the petitioners seeks leave to withdraw this Writ Petition. Permission is granted. The Writ Petition is, accordingly, dismissed as withdrawn. Ad-interim relief granted earlier stands vacated. However, the question of law is kept open. .......................J. [ANIL R. DAVE ] .......................J. [KURIAN JOSEPH] New Delhi; April 07, 2015.
IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (C) NO. 120 OF 2014 SH. JITENDRA KESURDAS SHAH PETITIONER(s) VERSUS SANGLI URBAN CO-OPERATIVE BANK LTD & ORS. RESPONDENT(s) O R D E R The learned counsel for the petitioner seeks leave to withdraw this Writ Petition. Permission is granted. The Writ Petition is, accordingly, dismissed as withdrawn. Ad-interim relief granted earlier stands vacated. .......................J. [ANIL R. DAVE ] .......................J. [KURIAN JOSEPH] New Delhi; April 07, 2015.
13 NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE/ORIGINAL JURISDICTION CIVIL APPEAL NO. 3734 OF 2015 [@ SPECIAL LEAVE PETITION (C) NO. 15507 of 2013] SHRI ANILRAO KALAJERAO BABAR Appellant (s) VERSUS SANGLI DISTRICT CENTRAL COOPERATIVE BANK LTD., SANGLI & ORS. Respondent(s) WITH CONTEMPT PETITION (C) NO. 320 OF 2013 IN CIVIL APPEAL NO. 3734 OF 2015 [@ SPECIAL LEAVE PETITION (C) NO. 15507 of 2013] J U D G M E N T SPECIAL LEAVE PETITION (C) NO. 15507 of 2013 Leave granted. Heard the learned counsel appearing for the parties. Upon hearing the learned counsel for the parties, we find that the disputed questions of fact are involved in this matter and it would be just and proper if the appellant and Respondent Nos. 5-18 approach the Debts Recovery Tribunal for ventilating the grievance of Yashwant Sahakari Sakhar Karkhana
14 Ltd., of which the appellant and Respondent Nos. 5-18 are the members. Ad-interim relief which has been granted by this Court shall remain in force for six weeks from today. If the appellant and Respondent Nos. 5-18 approach the Debts Recovery Tribunal within two weeks from today, the DRT shall not raise any question with regard to the limitation and shall entertain the proceedings in accordance with law. The application for interim relief, if any, may be filed before the Debts Recovery Tribunal within two weeks from today and, if filed, the same shall be decided by the Tribunal within four weeks from the date of its filing. The Tribunal shall decide the proceedings without being influenced by any of the observations made by the High Court or by the fact that ad-interim relief was granted by this Court at an earlier point of time. With the above observations and directions, the Civil Appeal is disposed of with no order as to costs. The question of law is kept open. The parties shall be at liberty to raise all contentions before the Debts Recovery Tribunal.
15 CONTEMPT PETITION (C) NO. 320 OF 2013 IN CIVIL APPEAL NO. 3734 OF 2015 [@ SPECIAL LEAVE PETITION (C) NO. 15507 of 2013] In view of the order passed by us today in Civil Appeal arising out of SLP (C) 15507 of 2013, no further orders need be passed in the Contempt Petition and it is, accordingly, disposed of. .......................J. [ANIL R. DAVE ] .......................J. [KURIAN JOSEPH] New Delhi; April 07, 2015.
16 REVISED ITEM NO.101 COURT NO.3 SECTION IX, X, IVA, XIV, XIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No(s). 5674/2009 PANDURANG GANPATI CHAUGULE Appellant(s) VERSUS VISHWASRAO PATIL MURGUD SAHAKARI BANK L. Respondent(s) WITH CONMT.PET.(C) NO. 320/2013 IN SLP(C) NO. 15507/2013 (S. IX), SLP(C) NO. 25930/2009 (S. IX) (DIRECTIONS AND INTERIM RELIEF AND OFFICE REPORT), W.P.(C)NO. 48/2012 (S. X) (AMENDMENT OF THE PETITION AND STAY AND OFFICE REPORT), W.P.(C)NO. 461/2012 (S. X) (DIRECTIONS AND STAY AND OFFICE REPORT), SLP(C) NO. 15507/2013 (S.IX) (WITH APPLN. (S) FOR DIRECTIONS AND EXEMPTION FROM FILING O.T. AND IMPLEADMENT AND INTERIM RELIEF AND PERMISSION TO FILE ADDITIONAL DOCUMENTS AND VACATING STAY AND OFFICE REPORT), W.P.(C) NO. 922/2013 (S. X) (DIRECTIONS AND PERMISSION TO FILE ADDITIONAL DOCUMENTS AND OFFICE REPORT), W.P.(C) NO. 1007/2013 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO. 120/2014 (S. X) (IMPLEADMENT AND STAY AND VACATING INTERIM RELIEF AND OFFICE REPORT), W.P.(C) NO. 142/2014 (S. X) (EX-PARTE STAY AND OFFICE REPORT), W.P.(C)NO. 168/2014 (S. X) (STAY AND VACATING STAY AND OFFICE REPORT) , W.P. (C) NO. 169/2014 (S. X) (STAY AND VACATING STAY AND OFFICE REPORT), W.P.(C) NO. 421/2014 (S. X) (STAY AND VACATING STAY AND OFFICE REPORT), W.P.(C) NO. 1020/2014 (S. X) (DIRECTIONS AND OFFICE REPORT), C.A. NO. 5675/2009 (S. IX) (INTERIM RELIEF AND OFFICE REPORT), C.A. NO. 5681/2009 (S.IX) (OFFICE REPORT), C.A. NO. 5682/2009 (S. IX) (INTERIM RELIEF AND OFFICE REPORT), C.A. NO. 5684/2009 (S. IX) (DIRECTIONS AND INTERIM RELIEF), W.P.(C) NO. 318/2010 (S. X) (STAY AND OFFICE REPORT), C.A. NO. 1468/2010 (S. IV) (EXEMPTION FROM FILING O.T. AND VACATING STAY), C.A.NO. 4391/2010 (S. XIA) (PERMISSION TO FILE COUNTER AFFIDAVIT AND OFFICE REPORT), C.A. NO. 7410/2010 (S. IX) , SLP(C) NO. 24309/2010 (S. IX), W.P.(C) NO. 41/2011 (S. X) (STAY AND VACATING STAY AND OFFICE REPORT), W.P.(C) NO. 220/2011 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO. 293/2011 (S.X) (DIRECTIONS AND STAY AND OFFICE REPORT), W.P.(C) NO. 306/2011 (S. X) (DIRECTIONS AND STAY AND OFFICE REPORT), W.P.(C) NO. 308/2011 (S. X) (DIRECTIONS AND STAY AND OFFICE REPORT) ,W.P.(C) NO. 338/2011 (S. X) (STAY AND OFFICE REPORT) , W.P.(C) NO. 375/2011 (S. X) (STAY AND OFFICE REPORT) , W.P.(C) NO. 411/2011 (S. X) (STAY AND OFFICE REPORT), SLP(C) NO. 7295-7298/2011 (S.IVA) (OFFICE REPORT), SLP(C) NO.
17 22304-22305/2011 (S. IX) (EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT AND OFFICE REPORT) , SLP(C) NO. 24479-24480/2011 (S. IX) (INTERIM RELIEF AND OFFICE REPORT), W.P.(C) NO. 5/2012 (S. X) (DIRECTIONS AND STAY AND OFFICE REPORT), W.P.(C) NO. 97/2012 (S. X) (DIRECTIONS AND STAY AND OFFICE REPORT), W.P.(C) NO. 103/2012 (S.X) (DIRECTIONS AND STAY AND OFFICE REPORT), W.P.(C) NO. 122/2012 (S. X) (STAY AND VACATING STAY AND OFFICE REPORT), W.P.(C) NO. 199/2012 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO. 250/2012 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO. 291/2012 (S. X) (WITH OFFICE REPORT), W.P.(C) NO. 386/2012 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO. 460/2012 (S. X) (DIRECTIONS AND STAY AND OFFICE REPORT), W.P.(C) NO. 487/2012 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO. 537/2012 (S. X) (PERMISSION TO FILE ADDITIONAL DOCUMENTS AND STAY AND OFFICE REPORT), W.P.(C) NO. 554/2012 (S. X) (DIRECTIONS AND STAY AND OFFICE REPORT), SLP(C) NO. 24276/2012 (S.IVA) (INTERIM RELIEF AND OFFICE REPORT), SLP(C) NO. 30568/2012 (S. IX) (INTERIM RELIEF AND OFFICE REPORT), W.P.(C) NO. 7/2013 (S. X) (DIRECTIONS AND STAY AND OFFICE REPORT), W.P.(C) NO. 36/2013 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO. 111/2013 (S. X) (DIRECTIONS AND STAY AND OFFICE REPORT), W.P.(C) NO. 112/2013 (S. X) (DIRECTIONS AND STAY AND OFFICE REPORT), W.P.(C) NO. 138/2013 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO. 146/2013 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO. 151/2013 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO. 175/2013 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO. 179/2013 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO. 181/2013 (S.X) (STAY AND OFFICE REPORT), W.P.(C) NO. 191/2013 (S. X) (DIRECTIONS AND STAY AND VACATION OF EX-PARTE STAY AND OFFICE REPORT), W.P.(C) NO. 192/2013 (S. X) (DIRECTIONS AND STAY AND OFFICE REPORT), W.P.(C) NO. 201/2013 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO. 233/2013 (S.X) (STAY AND SUBSTITUTION OF RESPONDENT AND OFFICE REPORT), W.P.(C) NO. 236/2013 (S. X) (STAY AND SUBSTITUTION OF RESPONDENT AND OFFICE REPORT), W.P.(C) NO. 238/2013 (S. X) (STAY AND SUBSTITUTION OF RESPONDENT AND OFFICE REPORT), W.P.(C) NO. 248/2013 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO. 250/2013 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO. 253/2013 (S. X) (STAY AND VACATING STAY AND OFFICE REPORT), W.P.(C) NO. 264/2013 (S. X) (IMPLEADMENT AND STAY AND OFFICE REPORT), W.P.(C) NO. 265/2013 (S. X) (DIRECTIONS AND STAY AND OFFICE REPORT), W.P.(C) NO. 266/2013 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO. 270/2013 (S. X) (DIRECTIONS AND STAY AND OFFICE REPORT), W.P.(C) NO. 271/2013 (S. X) (DIRECTIONS AND STAY AND OFFICE REPORT), W.P.(C) NO. 279/2013 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO. 280/2013 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO. 284/2013 (S. X) (IMPLEADMENT AND STAY AND OFFICE REPORT), W.P.(C) NO. 353/2013 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO. 452/2013 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO. 469/2013 (S. X) (OFFICE REPORT), W.P.(C) NO. 588/2013 (S. X) (IMPLEADMENT AND IMPLEADMENT AS PARTY RESPONDENT AND STAY AND OFFICE REPORT), W.P.(C) NO. 753/2013 (S.X) (STAY AND OFFICE REPORT), W.P.(C) NO. 758/2013 (S. X) (STAY AND OFFICE REPORT), W.P.(C)NO. 761/2013 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO.
18 762/2013 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO. 800/2013 (S. X) (DIRECTIONS AND OFFICE REPORT), W.P.(C) NO. 819/2013 (S.X) (STAY AND OFFICE REPORT), W.P.(C) NO. 868/2013 (S. X) (DIRECTIONS AND INTERIM DIRECTIONS AND VACATING STAY), W.P.(C) NO. 877/2013 (S. X) (DIRECTIONS AND OFFICE REPORT), W.P.(C) NO.1037/2013 (S. X) (DIRECTIONS AND STAY AND OFFICE REPORT), W.P.(C) NO. 1043/2013 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO. 1044/2013 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO. 1045/2013 (S. X) (STAY AND OFFICE REPORT), SLP(C) NO. 12916/2013 (S. XIA) (INTERIM RELIEF AND OFFICE REPORT), SLP(C) NO. 15634-15635/2013 (S. IVA) (C/DELAY IN FILING SLP AND OFFICE REPORT), SLP(C) NO. 17054/2013 (S. IX) (INTERIM RELIEF AND OFFICE REPORT), SLP(C) NO. 18775/2013 (S.IX) (INTERIM RELIEF AND OFFICE REPORT), SLP(C) NO. 18777/2013 (S. IX) (INTERIM RELIEF AND OFFICE REPORT), SLP(C) NO. 25126/2013 (S. IX) (INTERIM RELIEF), SLP(C) NO. 29720/2013 (S. IX) (OFFICE REPORT), SLP(C) NO. 29721/2013 (S. IX) (OFFICE REPORT), SLP(C) NO. 35137/2013 (S. IX) (INTERIM RELIEF AND OFFICE REPORT), W.P.(C) NO. 5/2014 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO. 10/2014 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO. 33/2014 (S. X) (IMPLEADMENT AND STAY AND OFFICE REPORT), W.P.(C) NO. 352/2014 (S. X) (DIRECTIONS AND STAY AND OFFICE REPORT), W.P.(C) NO. 408/2014 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO. 420/2014 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO. 492/2014 (S. X) (EXEMPTION FROM FILING O.T. AND STAY AND OFFICE REPORT), W.P.(C) NO. 712/2014 (S. X) (STAY AND VACATING STAY AND OFFICE REPORT), W.P.(C) NO. 714/2014 (S.X) (STAY AND VACATING STAY), W.P.(C) NO. 754/2014 (S. X) (EXEMPTION FROM FILING O.T. AND STAY AND OFFICE REPORT), W.P.(C) NO. 756/2014 (S. X) (DIRECTIONS AND STAY AND OFFICE REPORT), S.L.P.(C)... /2014 CC NO. 7586 (S. IVA) (C/DELAY IN FILING SLP AND OFFICE REPORT), W.P. (C) NO.795/2014 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO. 849/2014 (S. X) (EX-PARTE STAY AND VACATING INTERIM ORDER AND OFFICE REPORT), W.P.(C) NO. 838/2014 (S. X) (STAY AND VACATING INTERIM ORDER AND OFFICE REPORT), W.P.(C) NO. 827/2014 (S. X) (EX-PARTE STAY AND OFFICE REPORT), SLP(C) NO. 32589/2014 (S. XIV) (EXEMPTION FROM FILING O.T.), W.P.(C) NO. 26/2015 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO. 79/2015 (S. X) (OFFICE REPORT), W.P. (C) NO. 131/2015 (S. X) (STAY AND OFFICE REPORT) Date : 07/04/2015 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE KURIAN JOSEPH For Appellant(s) Mr. Santosh,Adv. Mr. M. Khairati,Adv. For Mr. Gaurav Agrawal,Adv. Mr. Nikhil Nayyar,Adv. Mr. Dhananjay Baijal, Adv. Ms. Akanksha, Adv. Mr. N. Sai Vinod, Adv.
19 Mr. Nishad L.S., Adv. Mr. Nagendra Rai, Sr. Adv. Ms. Priya Hingorani, Adv. Mr. Chandra Bhushan, Adv. Mr. Manoj K. Mishra, Adv. Mr. Bheem Pratap Singh, Adv. Mr. Sandeep Kumar Dwivedi, Adv. Mr. Pradeep Kumar Dwivedi, Adv. Ms. Rinku Mishra, Adv. Mr. S. R. Singh, Sr. Adv. Mr. D. N. Dubey, Adv. Mr. Ujjawal Pandey,Adv. Ms. Vandita Rai,Adv. For Asha Gopalan Nair,Adv. Mr. Dhruv Mehta, Sr. Adv. Mr. Darshan Siras, Adv. Mr. Satyajit A. Desai, Adv. Mr. Akash Kakade,Adv. For Ms. Anagha Desai,Adv. Mr. Devansh A. Mohta,Adv. Mr. Rajat Sehgal, Adv. Ms. Anushri Menon, Adv. Mr. Shishir Deshpande,Adv. Mr. Amit Yadav,Adv. For Ms. Sujata Kurdukar,Adv. Mr. S. Wasim A. Qadri, Adv. Mr. J. A. Khan, Adv. Mr. Zaid Ali, Adv. Mr. T. Qadri, Adv. Mr. Sunil Kumar Verma,Adv. Ms. Chandan Ramamurthi,Adv. Mr. Ajit K. Sinha, Sr. Adv. Mr. R. Sudhinder,Adv. Mr. Dattatray Vyas, Adv. Ms. Prerna Amitabh, Adv. Mr. Abhishek Prasad,Adv. Mr. Ashok Mathur,Adv. Mr. T. N. Singh, Adv. Mr. Randhir Kumar, Adv.
20 Mr. Tarkeshwar Nath,Adv. For Mr. R.P. Goyal,Adv. Mr. Saurabh Devkaran Singh,Adv. For Mr. Jayant K. Mehta,Adv. Ms. Madhavi Khare, Adv. Mr. K.L. Taneja,Adv. Ms. Purti M.,Adv. For Mr. A. Venayagam Balan,Adv. Mr. Manohar Lal Sharma, Adv. Ms. Suman, Adv. Mr. Pradhuman Gohil,Adv. Mr. Vikash Singh,Adv. Ms. Taruna Singh,Adv. Mr. Jaikriti S. Jadeja,Adv. Ms. Charu Mathur,Adv. Ms. Prabuddha Sharma, Adv. Mr. Chirag M. Shroff,Adv. Mr. Jitendra Ranawat,Adv. Ms. Mahima Shroff,Adv. Ms. Swati Vaibhav,Adv. Mr. Vikash Sinha,Adv. Mr. Satpal Singh,Adv. Mr. A.S. Chobe,Adv. Mr. P.K. Singh,Adv. Mr. Vijay Kumar,Adv. Mr. Rabin Majumder,Adv. Mr. S. Sadasiva Reddy,Adv. For Ms. S. Usha Reddy,Adv. Mr. K. V. Vishwanathan, Sr. Adv. Mr. P.K. Manohar,Adv. Mr. Jayanth Muth Raj,Adv. Ms. Malavika J.,Adv. Mr. Sureshan P.,Adv. Mr. Vishwajit Singh,Adv. Mr. H. Chandra Sekhar,Adv. Mr. Santhosh Krishnan,Adv.
21 Mr. Marsook Bafaki, Adv. For Mr. Nikhil Goel,Adv. Mr. Jatin Zaveri,Adv. Mr. Neel Kamal Mishra,Adv. Mr. Ranjan Sabharwal,Adv. Mr. Raghav Sabharwal,Adv. For Mr. Bankey Bihari Sharma,Adv. Ms. Ankita Jain,Adv. Ms. Amrita Mishra,Adv. Mr. Ravi Mishra,Adv. For Mr. Jay Savla,Adv. Mr. Lakshmi Raman Singh,Adv. Mr. Sarad Kumar Singhania,Adv. Mr. Santosh Paul,Adv. Mr. Arvind Gupta,Adv. Mr. Krishna Kumar, Adv. Mr. Harish Pandey,Adv. Mr. Sheen,Adv. Mr. Shubham Agarwal,Adv. Mr. N.D.B. Raju,Adv. For Mr. N. Ganpathy,Adv. Mr. S. Ravi Shankar,Adv. Ms. Sangeeta Singh, Adv. Mr. Amar Dave, Adv. Mr. Rishi Maheshwari,Adv. For Mr. P.S. Sudheer,Adv. Mr. Amol Chitale,Adv. Ms. Pragya Baghel,Adv. Ms. Jaya Khanna,Adv. Ms. Neela Gokhale,Adv. Mr. Amit S., Adv. Ms. Kamakshi S. Mehlwal,Adv. Mr. M. Khairati,Adv. For Mr. Irshad Ahmad,Adv. Mr. Santosh Paul,Adv. Mr. Arvind Gupta,Adv. Mr. Harish Pandey, Adv. Mr. Shubham Aggarwal, Adv.
22 For Mr. M.J. Paul,Adv. Mr. Mathew J. Nedupara, Adv. Mr. Joydeep Mukherjee,Adv. Mr. Rabin Majumder,Adv. Mr. Garvesh Kabra,Adv. Ms. Pooja Kabra,Adv. Mr. Anirudh Sanganeria,Adv. Mr. Mukul Kumar,Adv. Mr. V.K. Biju, Adv. Mr. D. P. Singh, Adv. Ms. Sonam Gupta,Adv. Mr. Salil Bhattacharya,Adv. Mr. Raj Kiran Vats,Adv. Mr. R.P. Vyas, Adv. Ms. Kanika Khurana, Adv. For Mr. Sanjay Jain,Adv. Mr. Ankur S. Kulkarni,Adv. Mr. M. Gireesh Kumar,Adv. For Mr. S.K. Kulkarni,Adv. Mr. Ankur Saigal, Adv. Mr. Mahesh Agarwal, Adv. Mr. Rishi Agrawala, Adv. Mr. E.C. Agrawala, Adv. Mr. Jiten Mehra, Adv. Mr. Vikrant Pachnanda, Adv. Mr. Vipin Nair,Adv. Mr. P.B. Suresh,Adv. Mr. Vishnu Shankar Jain,Adv. Mr. Udayaditya Banerjee,Adv. For M/s. Temple Law Firm,Advs. Ms. Garima Prashad,Adv. Mr. S. S. Ray, Adv. Mr. Vaibhav Gulia,Adv. Mr. Rishi, Adv. For Ms. Rakhi Ray,Adv. Mr. Pallav Shishodia, Sr. Adv. Mr. Rajiv Kumar, Adv. Ms. Kusum Chaudhary, Adv. Mr. Atul Babasaheb Dakh,Adv.
23 Ms. Rashmi Singh,Adv. Mr. V.K. Biju,Adv. Mr. Santosh Krishnan,Adv. Mr. Vineet Bhagat,Adv. Ms. Anindita, Adv. Mr. Ajay Kumar Singh,Adv. Mr. Vishal Balecha, Adv. For Respondent(s) Mr. Shekhar Naphade,Sr.Adv. Mr. Krishan Kumar, Adv. Mr. Abha N., Adv. Mr. Chinmoy Khaladkar, Adv. Mr. Preshit Surshe, Adv. Mr. Vinay Navare,Adv. Mr. Satyajeet Kumar,Adv. Mr. Keshav Ranjan,Adv. Ms. Gwen K.B.,Adv. For Ms. Abha R. Sharma,Adv. Mr. Shyam Divan, Sr. Adv. Mr. Sanjay Kharde,Adv. For Mr. Amol Nirmalkumar Suryawanshi,Adv. Mr. Siddhesh Kotwal, Adv. Mr. Annirudh Sharma, Adv. For Mr. Nirnimesh Dube, Adv. Mr. Jaideep Gupta, Sr. Adv. Mr. Kuldeep S. Parihar,Adv. For Mr. H.S. Parihar,Adv. Mr. M.Y. Deshmukh,Adv. For Mr. R.P. Goyal,Adv. Mr. Debmalya Banerjee, Adv. Ms. Jasmeet Singh, Adv. Mrs. Manik Karanjawala, Adv. Ms. J. Saran, Adv. Mr. Shankar Chillarge,Adv. Ms. Sonia Shankar Chillarge, Adv. For Mr. A.P. Mayee,Adv. Ms. Vibha Datta Makhija,Sr.Adv. Ms. Rashmi Singhania,Adv. Mr. Praveen Chaturvedi,Adv.
24 Mr. Pratap Venugopal, Adv. Ms. Supriya Jain, Adv. M/s. K.J. John & Co. Mr. Anurag Singh, Adv. Mr. Niraj Sharma,Adv. Mr. M.T. George,Adv. Ms. Sunita Sharma,Adv. Ms. Sushma Suri,Adv. Mr. Shreekant N. Terdal,Adv. Ms. Praveena Gautam,Adv. Mr. Deepak Tyagi,Adv. Ms. Pusshp Gupta,Adv. Mr. K. K. Gautam, Adv. Mr. P.I. Jose,Adv. Mr. Alok K. Prasad,Adv. Mr. Vishwanath Bahuguna,Adv. Mr. Shivaji M. Jadhav,Adv. Ms. Divya Sharma, Adv. For M/s. S.M. Jadhav & Co.,Advs. Mr. R. Basant,Sr.Adv. Mr. C.K. Sasi,Adv. Mr. Karthik Ashok,Adv. Mr. Yash Pal Dhingra,Adv. Mr. Tapesh Kumar Singh,Adv. Ms. Rajani K. Prasad,Adv. For Ms. Annapoorani,Adv. Mr. Yadunandan Bansal,Adv. For Mr. Abhijat P. Medh,Adv. Mr. Anil Kumar Mishra,Adv. Mr. Shekhar Naphade,Sr.Adv. Mr. Chinmoy Khaladkar,Adv. Ms. Neha Sharma, Adv. Mr. Deeptakirti Verma, Adv. Mr. Preshit Surshe,Adv. Mr. Arjun Krishnan,Adv.
25 Mr. Viraj Kadam, Adv. Mr. D.M. Nargolkar,Adv. Mr. Piyush Sharma,Adv. Mr. D. Bharat Kumar,Adv. Mr. Sayooj Mohandas M.,Adv. Mr. T. Baskar Gowtham, Adv. For Mr. Abhijit Sengupta,Adv. Mr. Vatsal Shah,Adv. Mr. S. Aravindh,Adv. Mr. Vimal Pani, Adv. For Mr. Senthil Jagadeesan,Adv. Mr. B. Subrahmanya Prasad,Adv. Mr. Suresh Dutt Dobhal,Adv. Mr. Subramonium Prasad,Adv. Mr. V.N. Raghupathy,Adv. Mr. Rajeev K. Pandey,Adv. For Mr. Rajeev Maheshwaranand Roy,Adv. Mr. Pravin Satale,Adv. For Mr. Rajiv Shankar Dwivedi,Adv. Mr. Ravindra Keshavrao Adsure,Adv. Ms. Hemantika Wahi,Adv. Mr. S.N. Bhat,Adv. Ms. Anuradha Mutatkar,Adv. Mr. Sudhanshu S. Choudhari,Adv. Mr. Avijit Saxena,Adv. For M/s. Karanjawala & Co.,Advs. Mr. M.P. Vinod,Adv. Ms. Neelam S.,Adv. Mr. Dileep Pillai,Adv. Ms. Usha V. Nandini, Adv. Mr. Atul,Adv. Mr. Rajesh Mahale,Adv. Mr. Parvesh Thakur,Adv. Ms. Gargi Khanna,Adv. Ms. Anil Katiyar,Adv.
26 Mr. Manish Pitale,Adv. Mr. Wasi Haider,Adv. For C.S. Ashri,Adv. Mr. Chinmoy Khaladkar,Adv. Ms. Neha Sharma,Adv. For Mr. Deeptakirti Verma,Adv. Mr. B. B. Sawhney, Sr. Adv. Mr. R.K. Verma,Adv. Ms. Sunita Sharma, Adv. Mr. T.N. Razdan,Adv. For Ms. Sushma Suri, Adv. Mr. Sonal Jain,Adv. Mr. Rajiv M. Brahma,Adv. Mr. Sachin Patil,Adv. For Mr. Shriram P. Pingle,Adv. Mr. Lalit Bhasin,Adv. Ms. Nina Gupta,Adv. Mr. Mudit Sharma,Adv. Mr. Parvez A. Khan,Adv. For Mr. P.V. Yogeswarn,Adv. Mr. Rishi Maheshwari,Adv. Ms. Anne Mathew,Adv. Mr. Raj Kumar Kaushik,Adv. Ms. Tarannum Ansari, Adv. For Mr. P.S. Sudheer,Adv. Mr. Anil Nag,Adv. Mr. Gaurav Sharma,Adv. Ms. Amandeep Kaur, Adv. Mr. Prateek Bhatia, Adv. Mr. Prateek Mishra, Adv. Ms. Sushma Suri, Adv. Ms. A. Sumathi,Adv. Mr. Ashok K. Mahajan,Adv. Mr. K. Rajeev,Adv . Mr. Mohit Kumar Shah,Adv. M/s. Dua Associates,Advs. Ms. Bharati Tyagi,Adv.
27 Mr. Anil Kumar Sangal,Adv. UPON hearing counsel the Court made the following O R D E R W.P.(C)NO. 48 of 2012 List on 09.04.2015 along with SLP (C) 9102 of 2013, SLP (C) No. 9979 of 2013 and SLP (C) No. 10476 of 2013. W.P.(C) NO. 411 of 2011 The Writ Petition is dismissed as withdrawn in terms of the signed order. W.P.(C) NO. 33 of 2014 De-tagged. List on 09.04.2015. W.P.(C) NO. 120 of 2014 The Writ Petition is dismissed as withdrawn in terms of the signed order. SLP (C) 15507 of 2013 Application for impleadment is rejected. Leave granted. The Civil Appeal is disposed of in terms of the signed order. Contempt Petition (C) 320 of 2013 in Civil Appeal No. 3734 of 2015 (@ SLP (C) 15507 of 2013 ) In view of the order passed by us today in Civil Appeal arising out of SLP (C) 15507 of 2013, no further orders need be passed in the Contempt Petition and it is, accordingly, disposed
28 of. WRIT PETITION (C) NO.5 OF 2012 The Writ Petition is disposed of as withdrawn in terms of the signed order. Writ Petition (C) No. 208 of 2014 Taken on board. The order dated 26.03.2015 is modified in terms of the signed order. I.A.No. 3 in Writ Petition (C) No. 965 of 2014 The interlocutory application and the writ petition are disposed of in terms of the signed non-reportable Judgment. Writ Petition (C) No. 461 of 2012 The Writ Petition is disposed of in terms of the signed order. Writ Petition (C) No. 460 of 2012 The Writ Petition is disposed of in terms of the signed order. Writ Petition (C) No. 7 of 2013 The Writ Petition is disposed of in terms of the signed order. Writ Petition (C) No. 868 of 2013 The Writ Petition is disposed of in terms of the signed order. SPECIAL LEAVE PETITION (C) NO.30568 OF 2012 :
29 Substitution allowed. The learned counsel appearing for the petitioners has fairly submitted that the respondent-Bank is a Multi-State Cooperative Bank. In the circumstances, the Special Leave Petition does not survive and it is disposed of accordingly. It would be open to the petitioners to take appropriate action in accordance with law for challenging the validity of the impugned order. Interim relief, if any, granted earlier stands vacated. I.A.No.2 In S.L.P.(C) NO.35137 OF 2013 : Order dated 18 th February, 2015 is hereby recalled in respect of this special leave petition only. I.A.No.2 for recall/modification stands disposed of accordingly. As a consequence of the afore-stated order, the order dated 11 th November, 2013 shall remain in force. List the matter tomorrow, i.e., 8 th April, 2015, along with C.A.No.5674 of 2009 and batch. I.A.NO.2 IN WRIT PETITION (C) NO.79 OF 2015 : By an order dated 18 th February, 2015, the ad-interim relief granted earlier had been modified to the effect that the petitioner had to pay 25% of the amount payable as on 1 st January, 2015 as calculated by the Respondent-Bank within six weeks from 18 th February, 2015 and further 25% of the amount
30 within six weeks thereafter. On the afore-stated condition, the ad-interim relief had been granted to the petitioner, whereby the respondent-Creditor Bank had been restrained from taking further coercive action under the provisions of the The Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI ACT). It has been fairly submitted by the learned counsel appearing for the respondents that through oversight the petitioner was not informed about the amount which had become due and payable as on 1 st January, 2015. It has been further submitted today that as on 1 st January, 2015, the petitioner was liable to pay a sum of Rs.4,58,65,756/- (Rupees Four Crores Fifty Eight lakhs Sixty Five thousand Seven Hundred Fifty Six only), including interest which was payable till 31 st December, 2014. As the petitioner had not been informed about the amount which had been payable and as the intimation of the same has been given today, the petitioner shall pay 25% of the afore-stated amount within six weeks from today and a further 25% of the said amount within six weeks thereafter. On the aforesaid conditions, the ad-interim relief which had been granted earlier, shall continue and if the amount is
31 not paid within the stipulated period, the ad-interim relief shall stand vacated without further reference to this Court. The learned counsel appearing for the respondent-Bank shall also provide details of the calculation as to how the afore-stated amount has been arrived at. I.A.No.2 for directions stands disposed of. List the matter on 8 th April, 2015, along with C.A.No.5674 of 2009 and batch. WP(C) Nos.233, 236 and 238 of 2013 : Substitution allowed. List the matters on 09.04.2015 at 10.30 AM (for whole day). (Jayant Kumar Arora) Sr. P.A. (Sneh Bala Mehra) Assistant Registrar (Record of Proceedings in SLP (C) 25126 of 2013 and Civil Appeal No. 2440 of 2011 are issued separately) (9 signed orders and 1 non-reportable Judgment are placed on the file)
LISTED ON : 07.04.2015 BEFORE COURT NO.: 3 ITEM NO.: 101 SECTIONIX IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION PETITION FOR SPECIAL LEAVE TO APPEAL(CIVIL) NO. 7694 OF 2015 WITH PRAYER FOR INTERIM RELIEF WITH INTELOCUTORY APPLICATION NO. 1 (Application for exemption from filing certified copy of impugned Order) RAJKOT NAGRIK SA HAKARI BANK LTD. .....PETITIONER VERSUS SMT. MUKTABE N JAYSUKHLAL PATIRA & ANR. ...RESPONDENTS OFFICE REPORT The matter above mentioned was listed before the Hon'ble Court on 20 th March, 2015 when the Court was pleased to pass the following Order : “Issue notice. Mr. Anup Jain, learned counsel, accepts notice for Respondent No. 1. Tag with SLP (C).....CC 10243 of 2013. In the meantime, the property in question shall not be disposed of . On an oral request made by the learned counsel for the petitioner, Respondent No. 2, who is a proforma party, be deleted from the array of parties at the risk of the petitioner." It is submitted for the information of the Hon'ble Court that there are two respondents in the instant matter and Respondent No. 1 is represented through Mr. Anup Jain, Advocate but he has not filed counter affidavit so far. Respondent No. 2 has been deleted from the array of parties vide this Court's order dated 20.03.2015 and Cause title has been amended accordingly. Service of notice is complete. The matter above mentioned is listed before the Hon'ble Court with this report.
Dated this the 6th day of April, 2015. ASSISTANT REGISTRAR Copy to: 1. Mr. Subramonium Prasad, Advocate 2. Mr. Anup Jain, Advocate ASSISTANT REGISTRAR a
Listed on : 7.04.2015 Court No. Item No. SECTION XIA IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No. 4391 of 2010 AND INTERLOCUTORY APPLICATION NO. 3 (Application for recalling the Court's Order dated 18.2.2015) A.P. Varghese ...Appellant Versus Kerala State Coop. Bank Ltd. & Ors. ...Respondents OFFICE REPORT The matter alongwith connected matter was listed before the Hon'ble Court on 26.3.2015, when the Court interalia pleased to pass the following order: “xxxxxxxxxxxxxx Rest of the matters be listed on 07.04.2015 at 10.30 AM (for whole day).” It is submitted that Mr. K. L. Taneja, Advocate for Appellant has on 30.03.2015 filed application for recalling Court's order dated 18.2.2015 and the same has been registered as I.A. no. 3 (copy of the same is being circulated for the kind perusal of the Hon'ble Court). There are three Respondents in the matter abovementioned. Respondent Nos.1 & 2 are represented by Mr. M.T. George, Advocate. Respondent No. 3 has been served through High Court. Service of notice of lodgment of petition of appeal is complete. As per the directions, Original record has been returned to the concerned High Court. It is further submitted that counsel for both parties have not filed statement of case so far. The matter alongwith application above mentioned is listed before the Hon'ble Court with this Office report. Dated this the 4 th day of April, 2015. Sd/ ASSISTANT REGISTRAR
º 1 IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (C) NO.48 OF 2012 RAIN PROOF EXPORTS PVT. LTD. & ANR. ... PETITIONER(S) VS. UNION OF INDIA & ORS. ... RESPONDENT(S) O R D E R In the course of hearing of this matter, it has been submitted by Mr. Dhruv Mehta, learned senior counsel appearing for the petitioners that a letter dated 6th April, 2015 had been addressed to the petitioners by the respondent-Bank, wherein it has been stated in Clause (2) as under : "2) As on date, a sum of Rs.7,93,51,486.17 is due and payable by you to our Bank under your credit facility accounts. However, under the OTS policy of the Bank, your credit facility accounts can be settled for Rs.2,41,76,719.17, which is the present outstanding principal amount." So, as on 6th April, 2015, as per the One Time Settlement (OTS) Scheme, 2008, about a sums of Rs.2.42 Crores (Rupees Two Crores Forty Two Lakhs only) was payable by the petitioners to the respondent-Bank.Signature Not VerifiedDigitally signed byJayant Kumar AroraDate: 2015.04.1812:00:06 IST The learned counsel appearing for the petitionersReason: has submitted that the petitioners are ready and willing to make payment as per the said scheme. However, he has 2expressed his doubt about the calculation of theafore-stated amount. At present, on ad-hoc basis the petitioners areprepared to accept the said offer. If it is so, 25% ofafore-stated amount shall be paid by the petitioners tothe respondent-Bank within one month from today and the
remaining 75% shall be paid by the petitioners, as perthe guidelines dated 10th March, 2008 issued by theReserve Bank of India, in maximum 11 equal monthlyinstalments, together with interest at the MinimumLending Rate from the date of settlement upto the date offinal payment. The respondent- Bank shall give detailsabout the amount which is to be paid by the petitionersevery month. As there is some doubt with regard to calculationof the amount which has been referred to hereinabove, ithas been agreed by the learned counsel for both the sidesthat as per the provisions of Section 84(4) of theMulti-State Cooperative Societies Act, 2002, anArbitrator to be appointed by the Central Registrar orhis nominee, shall determine the amount payable and ifthe said amount is more or less than the afore-statedamount, the same shall be adjusted within one month fromthe date on which the Arbitrator determines the amountpayable. The amount shall be paid as per the following : 3 "If the borrower opted to pay in instalment he should pay minimum 25% of settlement amount within one month from date of approval of application under One Time Settlement Scheme and balance amount to be paid in maximum 11 monthly instalments with interest @ PLR (At present PLR is 13.5%) on the settlement amount on daily reducing balance till repayment of entire dues under One Time Settlement Scheme." In view of the above order, the earlier interimorder stands vacated and it is directed that no coerciveaction shall be taken against the petitioners forrecovery of the amount due and payable if the amount ispaid as per the afore-stated arrangement. A copy of this order shall be forwarded toRespondent No.3 by the Registry of this Court. The writ petition stands disposed of accordingly.
..............J. [ANIL R. DAVE] ..............J. [KURIAN JOSEPH]New Delhi;9th April, 2015. 4ITEM NO.101 COURT NO.3 SECTION IX, X, IVA, XIV, XIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No(s). 5674/2009PANDURANG GANPATI CHAUGULE Appellant(s) VERSUSVISHWASRAO PATIL MURGUD SAHAKARI BANK L. Respondent(s)WITHSLP(C) NO. 25930/2009 (S. IX) (DIRECTIONS AND INTERIM RELIEF ANDOFFICE REPORT), W.P.(C) NO.48/2012 (S. X) (AMENDMENT OF THEPETITION AND STAY AND OFFICE REPORT), W.P.(C) NO. 922/2013 (S.X)(DIRECTIONS AND PERMISSION TO FILE ADDITIONAL DOCUMENTS AND OFFICEREPORT), W.P.(C)NO. 1007/2013 (S. X) (STAY AND OFFICE REPORT),W.P.(C) NO. 142/2014 (S. X) (EX-PARTE STAY AND OFFICE REPORT),W.P.(C) NO. 168/2014 (S. X) (STAY AND VACATING STAY AND OFFICEREPORT), W.P.(C) NO. 169/2014 (S. X) (STAY AND VACATING STAY ANDOFFICE REPORT), W.P.(C) NO. 421/2014 (S.X) (STAY AND VACATING STAYAND OFFICE REPORT), W.P.(C) NO. 1020/2014 (S. X) (DIRECTIONS ANDOFFICE REPORT), C.A. NO. 5675/2009 (S. IX) (INTERIM RELIEF ANDOFFICE REPORT), C.A.NO. 5681/2009 (S. IX) (OFFICE REPORT), C.A.NO. 5682/2009 (S. IX) (INTERIM RELIEF AND OFFICE REPORT), C.A. NO.5684/2009 (S. IX) (DIRECTIONS AND INTERIM RELIEF), W.P.(C) NO.318/2010 (S.X) (STAY AND OFFICE REPORT), C.A. NO. 1468/2010 (S.IV) (EXEMPTION FROM FILING O.T. AND VACATING STAY), C.A. NO.4391/2010 (S. XIA) (RECALLING COURTS'S ORDER DATED 18.02.2015 ANDPERMISSION TO FILE COUNTER AFFIDAVIT AND OFFICE REPORT), C.A. NO.7410/2010 (S. IX), SLP(C)NO. 24309/2010 (S. IX), W.P.(C) NO.41/2011 (S. X) (STAY AND VACATING STAY AND OFFICE REPORT), W.P.(C)NO. 220/2011 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO. 293/2011(S. X) (DIRECTIONS AND STAY AND OFFICE REPORT), W.P.(C) NO.306/2011 (S. X) (DIRECTIONS AND STAY AND OFFICE REPORT), W.P.(C)NO. 308/2011 (S. X) (DIRECTIONS AND STAY AND OFFICE REPORT), W.P.(C) NO. 338/2011 (S.X) (STAY AND OFFICE REPORT), W.P.(C) NO.375/2011 (S. X) (STAY AND OFFICE REPORT), SLP(C) NO.7295-7298/2011(S. IVA) (OFFICE REPORT), SLP(C) NO. 22304-22305/2011 (S. IX)(EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT AND OFFICEREPORT), SLP(C) NO. 24479-24480/2011 (S. IX) (INTERIM RELIEF ANDOFFICE REPORT), W.P.(C) NO. 97/2012 (S. X) (DIRECTIONS AND STAYAND OFFICE REPORT), W.P.(C) NO. 103/2012 (S. X) (DIRECTIONS ANDSTAY AND OFFICE REPORT), W.P.(C) NO. 122/2012 (S.X) (STAY ANDVACATING STAY AND OFFICE REPORT), W.P.(C) NO. 199/2012 (S. X)(STAY AND OFFICE REPORT), W.P.(C) NO. 250/2012 (S. X) (STAY ANDOFFICE REPORT), W.P.(C) NO. 291/2012 (S. X) (WITH OFFICE REPORT),W.P.(C) NO. 386/2012 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO. 5487/2012 (S.X) (STAY AND OFFICE REPORT), W.P.(C) NO. 537/2012 (S.X) (PERMISSION TO FILE ADDITIONAL DOCUMENTS AND STAY AND OFFICE
REPORT), W.P.(C) NO. 554/2012 (S. X) (DIRECTIONS AND STAY ANDOFFICE REPORT), SLP(C) NO. 24276/2012 (S. IVA) (INTERIM RELIEF ANDOFFICE REPORT), W.P.(C) NO. 36/2013 (S. X) (STAY AND OFFICEREPORT), W.P.(C) NO. 111/2013 (S. X) (DIRECTIONS AND STAY ANDOFFICE REPORT), W.P.(C) NO. 112/2013 (S. X) (DIRECTIONS AND STAYAND OFFICE REPORT), W.P.(C) NO. 138/2013 (S. X) (STAY AND OFFICEREPORT), W.P.(C) NO. 146/2013 (S. X) (STAY AND OFFICE REPORT),W.P.(C) NO. 151/2013 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO.175/2013 (S.X) (STAY AND OFFICE REPORT), W.P.(C) NO. 179/2013 (S.X) (STAY AND OFFICE REPORT), W.P.(C) NO.181/2013 (S. X) (STAY ANDOFFICE REPORT), W.P.(C) NO. 191/2013 (S. X) (DIRECTIONS AND STAYAND VACATION OF EX-PARTE STAY AND OFFICE REPORT), W.P.(C) NO.192/2013 (S. X) (DIRECTIONS AND STAY AND OFFICE REPORT), W.P.(C)NO. 201/2013 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO. 233/2013(S. X) (STAY AND OFFICE REPORT), W.P.(C) NO. 236/2013 (S. X) (STAYAND OFFICE REPORT), W.P.(C) NO. 238/2013 (S. X) (STAY AND OFFICEREPORT), W.P.(C) NO. 248/2013 (S. X) (STAY AND OFFICE REPORT),W.P.(C) NO. 250/2013 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO.253/2013 (S. X) (STAY AND VACATING STAY AND OFFICE REPORT), W.P.(C) NO. 264/2013 (S. X) (IMPLEADMENT AND STAY AND OFFICE REPORT),W.P.(C) NO. 265/2013 (S. X) (DIRECTIONS AND STAY AND OFFICEREPORT), W.P.(C) NO. 266/2013 (S. X) (STAY AND OFFICE REPORT),W.P.(C) NO. 270/2013 (S. X) (DIRECTIONS AND STAY AND OFFICEREPORT), W.P.(C) NO. 271/2013 (S. X) (DIRECTIONS AND STAY ANDOFFICE REPORT), W.P.(C) NO. 279/2013 (S. X) (STAY AND OFFICEREPORT), W.P.(C) NO. 280/2013 (S. X) (STAY AND OFFICE REPORT),W.P.(C) NO. 284/2013 (S. X) (IMPLEADMENT AND STAY AND OFFICEREPORT), W.P.(C) NO. 353/2013 (S. X) (STAY AND OFFICE REPORT),W.P.(C) NO. 452/2013 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO.469/2013 (S. X) (OFFICE REPORT), W.P.(C) NO. 588/2013 (S. X)(IMPLEADMENT AND IMPLEADMENT AS PARTY RESPONDENT AND STAY ANDOFFICE REPORT), W.P.(C) NO. 753/2013 (S.X) (STAY AND OFFICEREPORT), W.P.(C) NO. 758/2013 (S. X) (STAY AND OFFICE REPORT),W.P.(C) NO. 761/2013 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO.762/2013 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO. 800/2013 (S.X) (DIRECTIONS AND OFFICE REPORT), W.P.(C) NO. 819/2013 (S.X)(STAY AND OFFICE REPORT), W.P.(C) NO. 877/2013 (S. X) (DIRECTIONSAND OFFICE REPORT), W.P.(C) NO. 1037/2013 (S. X) (DIRECTIONS ANDSTAY AND OFFICE REPORT), W.P.(C) NO. 1043/2013 (S.X) (STAY ANDOFFICE REPORT), W.P.(C) NO. 1044/2013 (S. X) (STAY AND OFFICEREPORT), W.P.(C) NO.1045/2013 (S. X) (STAY AND OFFICE REPORT),SLP(C) NO. 12916/2013 (S. XIA) (INTERIM RELIEF AND OFFICE REPORT),SLP(C) NO. 15634-15635/2013 (S. IVA) (C/DELAY IN FILING SLP ANDOFFICE REPORT), SLP(C) NO. 17054/2013 (S. IX) (INTERIM RELIEF ANDOFFICE REPORT), SLP(C) NO. 18775/2013 (S.IX) (INTERIM RELIEF ANDOFFICE REPORT), SLP(C) NO. 18777/2013 (S. IX) (INTERIM RELIEF ANDOFFICE REPORT), SLP(C) NO. 25126/2013 (S. IX) (INTERIM RELIEF),SLP(C) NO. 29720/2013 (S. IX) (OFFICE REPORT), SLP(C) NO.29721/2013 (S. IX) (OFFICE REPORT), SLP(C) NO. 35137/2013 (S. IX) 6(INTERIM RELIEF AND OFFICE REPORT), W.P.(C) NO. 5/2014 (S. X)(STAY AND OFFICE REPORT), W.P.(C) NO. 10/2014 (S. X) (STAY ANDOFFICE REPORT), W.P.(C) NO. 352/2014 (S. X) (DIRECTIONS AND STAYAND OFFICE REPORT), W.P.(C) NO. 408/2014 (S. X) (STAY AND OFFICEREPORT), W.P.(C) NO. 420/2014 (S.X) (STAY AND OFFICE REPORT), W.P.(C) NO. 492/2014 (S. X) (EXEMPTION FROM FILING O.T. AND STAY ANDOFFICE REPORT), W.P.(C) NO. 712/2014 (S. X) (STAY AND VACATINGSTAY AND OFFICE REPORT), W.P.(C) NO. 714/2014 (S. X) (STAY ANDVACATING STAY), W.P.(C) NO. 754/2014 (S. X) (EXEMPTION FROM FILINGO.T. AND STAY AND OFFICE REPORT), W.P.(C) NO. 756/2014 (S. X)(DIRECTIONS AND STAY AND OFFICE REPORT), S.L.P.(C)... /2014 CC NO.7586 (S. IVA) (C/DELAY IN FILING SLP AND OFFICE REPORT), W.P.(C)NO. 795/2014 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO. 849/2014(S. X) (EX-PARTE STAY AND VACATING INTERIM ORDER AND OFFICEREPORT), W.P.(C) NO. 838/2014 (S. X) (STAY AND VACATING INTERIMORDER AND OFFICE REPORT), W.P.(C) NO. 827/2014 (S. X) (EX-PARTESTAY AND OFFICE REPORT), SLP(C) NO. 32589/2014 (S. XIV) (EXEMPTIONFROM FILING O.T.), W.P.(C) NO. 26/2015 (S. X) (STAY AND OFFICE
REPORT), W.P.(C) NO. 79/2015 (S. X) (APPLN.(S) FOR EXTENSION OFTIME AND OFFICE REPORT), W.P.(C) NO. 131/2015 (S. X) (STAY ANDOFFICE REPORT), W.P.(C) NO. 86/2015 (S. X) (DIRECTIONS), W.P.(C)NO. 965/2014 (S. X) (DIRECTIONS AND EX-PARTE STAY AND MODIFICATIONOF COURT'S ORDER AND OFFICE REPORT), SLP(C) NO. 7694/2015 (S. IX)(EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT AND INTERIMRELIEF AND OFFICE REPORT)Date : 09/04/2015 These matters were called on for hearing today.CORAM : HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE KURIAN JOSEPHFor Appellant(s) Mr. Santosh,Adv. Mr. M. Khairati,Adv. For Mr. Gaurav Agrawal,Adv. Mr. Nikhil Nayyar,Adv. Mr. Dhananjay Baijal, Adv. Ms. Akanksha, Adv. Mr. N. Sai Vinod, Adv. Mr. Nishad L.S., Adv. Mr. Nagendra Rai, Sr. Adv. Ms. Priya Hingorani, Adv. Mr. Chandra Bhushan, Adv. Mr. Manoj K. Mishra, Adv. Mr. Bheem Pratap Singh, Adv. Mr. Sandeep Kumar Dwivedi, Adv. Mr. Pradeep Kumar Dwivedi, Adv. Ms. Rinku Mishra, Adv. 7Mr. S. R. Singh, Sr. Adv.Mr. D. N. Dubey, Adv.Mr. Ujjawal Pandey,Adv.Ms. Vandita Rai,Adv.For Asha Gopalan Nair,Adv.Mr. Dhruv Mehta, Sr. Adv.Mr. Darshan Siras, Adv.Mr. Satyajit A. Desai, Adv.Mr. Satyen Vora, Adv.Ms. Priya Ranade, Adv.Mr. Akash Kakade,Adv.For Ms. Anagha Desai,Adv.Mr. Devansh A. Mohta,Adv.Mr. Narhari Singh, Adv.Mr. Rajat Sehgal, Adv.Ms. Anushri Menon, Adv.Mr. Shishir Deshpande,Adv.Mr. Amit Yadav,Adv.For Ms. Sujata Kurdukar,Adv.Mr. S. Wasim A. Qadri, Adv.Mr. J. A. Khan, Adv.Mr. Zaid Ali, Adv.Mr. T. Qadri, Adv.Mr. Sunil Kumar Verma,Adv.Ms. Chandan Ramamurthi,Adv.Mr. Ajit K. Sinha, Sr. Adv.
Mr. R. Sudhinder,Adv.Mr. Dattatray Vyas, Adv.Ms. Prerna Amitabh, Adv.Mr. Abhishek Prasad,Adv.Mr. Ashok Mathur,Adv.Mr. T. N. Singh, Adv.Mr. Randhir Kumar, Adv.Mr. Tarkeshwar Nath,Adv.For Mr. R.P. Goyal,Adv.Mr. Saurabh Devkaran Singh,Adv.For Mr. Jayant K. Mehta,Adv.Ms. Madhavi Khare, Adv.Mr. K.L. Taneja,Adv. 8Ms. Purti M.,Adv.For Mr. A. Venayagam Balan,Adv.Mr. Manohar Lal Sharma, Adv.Ms. Suman, Adv.Mr. Pradhuman Gohil,Adv.Mr. Vikash Singh,Adv.Ms. Taruna Singh,Adv.Mr. Jaikriti S. Jadeja,Adv.Ms. Charu Mathur,Adv.Ms. Prabuddha Sharma, Adv.Mr. Chirag M. Shroff,Adv.Mr. Jitendra Ranawat,Adv.Ms. Mahima Shroff,Adv.Ms. Swati Vaibhav,Adv.Mr. Vikash Sinha,Adv.Mr. Satpal Singh,Adv.Mr. A.S. Chobe,Adv.Mr. P.K. Singh,Adv.Mr. Vijay Kumar,Adv.Mr. Rabin Majumder,Adv.Mr. S. Sadasiva Reddy,Adv.For Ms. S. Usha Reddy,Adv.Mr. K. V. Vishwanathan, Sr. Adv.Mr. P.K. Manohar,Adv.Mr. Jayanth Muth Raj,Adv.Ms. Malavika J.,Adv.Mr. Sureshan P.,Adv.Mr. Vishwajit Singh,Adv.Mr. H. Chandra Sekhar,Adv.Mr. Santhosh Krishnan,Adv.Mr. Marsook Bafaki, Adv.For Mr. Nikhil Goel,Adv.Mr. Jatin Zaveri,Adv.Mr. Neel Kamal Mishra,Adv.Mr. Ranjan Sabharwal,Adv.Mr. Raghav Sabharwal,Adv.
For Mr. Bankey Bihari Sharma,Adv. 9Ms. Ankita Jain,Adv.Ms. Amrita Mishra,Adv.Mr. Ravi Mishra,Adv.For Mr. Jay Savla,Adv.Mr. Lakshmi Raman Singh,Adv.Mr. Sarad Kumar Singhania,Adv.Mr. Santosh Paul,Adv.Mr. Arvind Gupta,Adv.Mr. Krishna Kumar, Adv.Mr. Harish Pandey,Adv.Mr. Sheen,Adv.Mr. Shubham Agarwal,Adv.Mr. N.D.B. Raju,Adv.For Mr. N. Ganpathy,Adv.Mr. S. Ravi Shankar,Adv.Ms. Sangeeta Singh, Adv.Mr. Amar Dave, Adv.Mr. Rishi Maheshwari,Adv.For Mr. P.S. Sudheer,Adv.Mr. Amol Chitale,Adv.Ms. Pragya Baghel,Adv.Ms. Jaya Khanna,Adv.Ms. Neela Gokhale,Adv.Mr. Amit S., Adv.Ms. Kamakshi S. Mehlwal,Adv.Mr. M. Khairati,Adv.For Mr. Irshad Ahmad,Adv.Mr. Santosh Paul,Adv.Mr. Arvind Gupta,Adv.Mr. Harish Pandey, Adv.Mr. Shubham Aggarwal, Adv.For Mr. M.J. Paul,Adv.Mr. Mathew J. Nedupara, Adv.Mr. Joydeep Mukherjee,Adv.Mr. Rabin Majumder,Adv.Mr. Garvesh Kabra,Adv.Ms. Pooja Kabra,Adv. 10Mr. Anirudh Sanganeria,Adv.Mr. Mukul Kumar,Adv.Mr. V.K. Biju, Adv.Mr. D. P. Singh, Adv.Ms. Sonam Gupta,Adv.Mr. Salil Bhattacharya,Adv.Mr. Raj Kiran Vats,Adv.Mr. R.P. Vyas, Adv.Ms. Kanika Khurana, Adv.For Mr. Sanjay Jain,Adv.Mr. Ankur S. Kulkarni,Adv.
Mr. M. Gireesh Kumar,Adv.For Mr. S.K. Kulkarni,Adv.Mr. Ankur Saigal, Adv.Mr. Mahesh Agarwal, Adv.Mr. Rishi Agrawala, Adv.Mr. E.C. Agrawala, Adv.Mr. Jiten Mehra, Adv.Mr. Vikrant Pachnanda, Adv.Mr. Vipin Nair,Adv.Mr. P.B. Suresh,Adv.Mr. Vishnu Shankar Jain,Adv.Mr. Udayaditya Banerjee,Adv.For M/s. Temple Law Firm,Advs.Ms. Garima Prashad,Adv.Mr. S. S. Ray, Adv.Mr. Vaibhav Gulia,Adv.Mr. Rishi, Adv.For Ms. Rakhi Ray,Adv.Mr. Pallav Shishodia, Sr. Adv.Mr. Rajiv Kumar, Adv.Ms. Kusum Chaudhary, Adv.Mr. Atul Babasaheb Dakh,Adv.Ms. Rashmi Singh,Adv.Mr. V.K. Biju,Adv.Mr. Santosh Krishnan,Adv.Mr. Vineet Bhagat,Adv.Ms. Anindita, Adv. 11 Mr. Ajay Kumar Singh,Adv. Mr. Vishal Balecha, Adv.For Respondent(s) Mr. Shekhar Naphade,Sr.Adv. Mr. Krishan Kumar, Adv. Mr. Abha N., Adv. Mr. Chinmoy Khaladkar, Adv. Mr. Preshit Surshe, Adv. Mr. Vinay Navare,Adv. Mr. Satyajeet Kumar,Adv. Mr. Keshav Ranjan,Adv. Ms. Gwen K.B.,Adv. For Ms. Abha R. Sharma,Adv. Mr. Shyam Divan, Sr. Adv. Mr. Sanjay Kharde,Adv. For Mr. Amol Nirmalkumar Suryawanshi,Adv. Mr. Siddhesh Kotwal, Adv. Mr. Annirudh Sharma, Adv. For Mr. Nirnimesh Dube, Adv. Mr. Jaideep Gupta, Sr. Adv. Mr. Kuldeep S. Parihar,Adv. For Mr. H.S. Parihar,Adv. Mr. M.Y. Deshmukh,Adv. For Mr. R.P. Goyal,Adv.
Mr. Debmalya Banerjee, Adv. Ms. Jasmeet Singh, Adv. Mrs. Manik Karanjawala, Adv. Ms. J. Saran, Adv. Mr. Shankar Chillarge,Adv. Ms. Sonia Shankar Chillarge, Adv. For Mr. A.P. Mayee,Adv. Ms. Vibha Datta Makhija,Sr.Adv. Ms. Rashmi Singhania,Adv. Mr. Praveen Chaturvedi,Adv. Mr. Pratap Venugopal, Adv. Ms. Supriya Jain, Adv. Mr. Gaurav Nair, Adv. M/s. K.J. John & Co. Mr. Rajiv Kumar Pandey, Adv. Mr. Anurag Singh, Adv. Mr. Anil Kumar Mishra, Adv. 12Mr. Niraj Sharma,Adv.Mr. M.T. George,Adv.Mr. Maninder Singh, ASGMs. Sunita Sharma,Adv.Ms. Sushma Suri,Adv.Mr. Shreekant N. Terdal,Adv.Ms. Praveena Gautam,Adv.Mr. Deepak Tyagi,Adv.Ms. Pusshp Gupta,Adv.Mr. K. K. Gautam, Adv.Mr. P.I. Jose,Adv.Mr. Alok K. Prasad,Adv.Mr. Vishwanath Bahuguna,Adv.Mr. Shivaji M. Jadhav,Adv.Ms. Divya Sharma, Adv.For M/s. S.M. Jadhav & Co.Mr. R. Basant,Sr.Adv.Mr. C.K. Sasi,Adv.Mr. Karthik Ashok,Adv.Mr. Yash Pal Dhingra,Adv.Mr. Tapesh Kumar Singh,Adv.Ms. Rajani K. Prasad,Adv.For Ms. Annapoorani,Adv.Mr. Yadunandan Bansal,Adv.For Mr. Abhijat P. Medh,Adv.Mr. Anil Kumar Mishra,Adv.Mr. Shekhar Naphade,Sr.Adv.Mr. Chinmoy Khaladkar,Adv.Ms. Neha Sharma, Adv.Mr. Deeptakirti Verma, Adv.Mr. Preshit Surshe,Adv.Mr. Arjun Krishnan,Adv.
Mr. Viraj Kadam, Adv.Mr. D.M. Nargolkar,Adv.Mr. Piyush Sharma,Adv. 13Mr. D. Bharat Kumar,Adv.Mr. Sayooj Mohandas M.,Adv.Mr. T. Baskar Gowtham, Adv.For Mr. Abhijit Sengupta,Adv.Mr. Vatsal Shah,Adv.Mr. S. Aravindh,Adv.Mr. Vimal Pani, Adv.For Mr. Senthil Jagadeesan,Adv.Mr. B. Subrahmanya Prasad,Adv.Mr. Suresh Dutt Dobhal,Adv.Mr. Subramonium Prasad,Adv.Mr. V.N. Raghupathy,Adv.Mr. Rajeev K. Pandey,Adv.For Mr. Rajeev Maheshwaranand Roy,Adv.Mr. Pravin Satale,Adv.For Mr. Rajiv Shankar Dwivedi,Adv.Mr. Ravindra Keshavrao Adsure,Adv.Ms. Hemantika Wahi,Adv.Mr. S.N. Bhat,Adv.Ms. Anuradha Mutatkar,Adv.Mr. Sudhanshu S. Choudhari,Adv.Mr. Avijit Saxena,Adv.For M/s. Karanjawala & Co.,Advs.Mr. M.P. Vinod,Adv.Ms. Neelam S.,Adv.Mr. Dileep Pillai,Adv.Ms. Usha V. Nandini, Adv.Mr. Atul,Adv.Mr. Rajesh Mahale,Adv.Mr. Parvesh Thakur,Adv.Ms. Gargi Khanna,Adv.Ms. Anil Katiyar,Adv.Mr. Manish Pitale,Adv.Mr. Wasi Haider,Adv.For C.S. Ashri,Adv.Mr. Chinmoy Khaladkar,Adv. 14Ms. Neha Sharma,Adv.For Mr. Deeptakirti Verma,Adv.Mr. B. B. Sawhney, Sr. Adv.Mr. R.K. Verma,Adv.Ms. Sunita Sharma, Adv.Mr. T.N. Razdan,Adv.For Ms. Sushma Suri, Adv.Mr. Sonal Jain,Adv.
Mr. Rajiv M. Brahma,Adv.Mr. Sachin Patil,Adv.For Mr. Shriram P. Pingle,Adv.Mr. Gagan Sanghi, Adv.Mr. Lalit Bhasin,Adv.Ms. Nina Gupta,Adv.Mr. Mudit Sharma,Adv.Mr. Parvez A. Khan,Adv.For Mr. P.V. Yogeswarn,Adv.Mr. Rishi Maheshwari,Adv.Ms. Anne Mathew,Adv.Mr. Raj Kumar Kaushik,Adv.Ms. Tarannum Ansari, Adv.For Mr. P.S. Sudheer,Adv.Mr. Anil Nag,Adv.Mr. Gaurav Sharma,Adv.Ms. Amandeep Kaur, Adv.Mr. Prateek Bhatia, Adv.Mr. Prateek Mishra, Adv.Ms. Sushma Suri, Adv.Ms. A. Sumathi,Adv.Mr. Ashok K. Mahajan,Adv.Mr. K. Rajeev,Adv .Mr. Mohit Kumar Shah,Adv.M/s. Dua Associates,Advs.Ms. Bharati Tyagi,Adv.Mr. Anil Kumar Sangal,Adv. 15 UPON hearing counsel the Court made the following O R D E R W.P. (C) 48 of 2012 The Writ Petition is disposed of in terms of the signed order. SLP (C) NO.25126 OF 2013 : Detagged. Mr. Gagan Sanghi, learned Advocate, appearing on behalf of Mr. R.P. Goyal, learned Advocate-on-Record, has submitted that he has instruction to appear for Respondent No.-5-Bank and seeks time to file Vakalatnama and counter affidavit. He shall file vakalatnama within one week and counter affidavit within two weeks from today. Rejoinder affidavit may be filed within one week
thereafter. List the matter on 06.05.2015. Till the next date of hearing, no coercive action shall be taken to recover the amount in question.SLP(C)Nos.9102, 9979 & 10476 of 2014 : Taken on board. In view of order passed in Writ Petition (c) No.48/2012, these petitions do not survive and the learned counsel for the petitioners seeks permission to withdraw the petitions. Permission is granted. 16 The Special Leave Petitions are disposed of as withdrawn. List all the matters on 13.07.2015 at 10.30 AM (forwhole day) (Jayant Kumar Arora) (Sneh Bala Mehra) Sr. P.A. Assistant Registrar
¾? 1 IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (C) NO.5 OF 2012 SURENDRA PAPER MART & ORS. ... PETITIONER(S) VS. UNION OF INDIA & ORS. ... RESPONDENT(S) O R D E R The learned counsel appearing for the petitioners has fairly submitted that the respondent-Bank is a Multi-State Cooperative Bank. In the circumstances, he seeks permission to withdraw the writ petition. Permission is granted. The writ petition stands disposed of as withdrawn. Ad-interim relief, if any, granted earlier shall stand vacated. ..............J. [ANIL R. DAVE] ..............J. [KURIAN JOSEPH] New Delhi;Signature Not Verified 7th April, 2015.Digitally signed byJayant Kumar AroraDate: 2015.06.0316:37:21 ISTReason: 2 IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (C) NO.7 OF 2013M/S. RIGHT OUTDOOR SIGN PVT. LTD.& ORS. ...PETITIONER(S) VS.UNION OF INDIA & ORS. ...RESPONDENT(S)
O R D E R The learned counsel appearing for thepetitioners has submitted that the petitioners andthe respondent- creditor(s) had entered into anagreement with regard to an arbitration and theAward made by the Arbitrator has already beenchallenged by filing an appeal. In view of the above development, the writpetition does not survive, which is accordinglydisposed of. Interim relief, if any, standsvacated. 3 In view of the disposal of the writ petition,the pending application(s), if any, shall alsostand disposed of. ..............J. [ANIL R. DAVE] ..............J. [KURIAN JOSEPH]New Delhi;7th April, 2015. 4 IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (C) NO.208 OF 2014RAMKRUSHNAJI SHANKARRAOJI UMATE ... PETITIONER(S) VS.UNION OF INDIA & ORS. ... RESPONDENT(S) O R D E R Taken on board. The matter was notified for hearing on 26thMarch, 2015 when the writ petition was disposed of.Upon being mentioned by the learned counsel for thepetitioner, the order dated 26th March, 2015 isrecalled. The order shall be read as :
"None appears for the respondent, though served. The petitioner is a member of Indira Sahakari Soot Girni Maryadit, Wardha, who is Respondent No.3 herein (instead of : one of the sugar factories), which had borrowed money from the respondent- Cooperative Bank. The sugar factory has already filed Dispute No.473/2013 (instead of : Dispute No.413/2013) on 24 th October, 2012 in Cooperative Court at Nagpur, which is pending. Looking at the facts of the case, the Cooperative Court is directed to dispose of the pending suit preferably within six months from the date of getting intimation of this order. We are sure that the learned advocates appearing before the Court shall extend their 5 cooperation to the Court so that the suit can be disposed of as soon as possible. The writ petition stands disposed of accordingly. Ad-interim relief granted earlier shall continue till the Dispute No.473/2013 (instead of : Dispute No.413/2013) is decided. The question of law is kept open." The order dated 26th March, 2015 standsmodified as above. ..............J. [ANIL R. DAVE] ..............J. [KURIAN JOSEPH]New Delhi;7th April, 2015. 6 IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (C) NO.460 OF 2012 MRS. ANJU SUNIL BABLANI & ORS. ... PETITIONER(S) VS. UNION OF INDIA & ORS. ... RESPONDENT(S) O R D E R The learned counsel appearing for thepetitioners has submitted that the petitioners andthe respondent-creditor(s) had entered into anagreement with regard to arbitration in pursuance ofthe said arbitration proceedings an Award had beenmade and against the said Award, an appeal hasalready been filed by the petitioners. In view of the above development, the writ
petition does not survive, which is accordinglydisposed of. In view of the disposal of the writ petition,the pending application, if any, also standsdisposed of. Interim relief, if any, stands vacated. ..............J. [ANIL R. DAVE] ..............J. [KURIAN JOSEPH]New Delhi;7th April, 2015. 7 IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (C) NO.461 OF 2012 MR. SUNIL SACHU BABLANI & ORS. ... PETITIONER(S) VS. UNION OF INDIA & ORS. ... RESPONDENT(S) O R D E R The learned counsel appearing for thepetitioners has submitted that the petitioners andthe respondent-creditor(s) had entered into anagreement of arbitration and an Award had alreadybeen made; and against the said Award, an appeal hasalready been filed by the petitioners. In view of the above development, the writpetition does not survive, which is accordinglydisposed of. In view of the disposal of the writ petition,the pending application, if any, stands disposed of. Interim relief, if any, stands vacated. ..............J. [ANIL R. DAVE] ..............J. [KURIAN JOSEPH]New Delhi;7th April, 2015. 8 IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION
WRIT PETITION (C) NO.868 OF 2013 SMIT. SIVAKAMI BALASUBRAMANIAM ... PETITIONER(S) VS. ABHYUDAYA CO-OP. BANK LTD. & ORS. ... RESPONDENT(S) O R D E R Nobody is present for the petitioner. It has been submitted by the learned counselappearing for the respondent-Bank that the Bank is aMulti-State Cooperative Bank. In the circumstances, the writ Petition does notsurvive and it is disposed of accordingly. Interim reliefstands vacated. It would be open to the petitioners to takeappropriate action in accordance with law for challengingthe validity of the impugned order. ..............J. [ANIL R. DAVE] ..............J. [KURIAN JOSEPH] New Delhi; 7th April, 2015. 9 NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION INTERLOCUTORY APPLICATION NO.3 (For directions) IN WRIT PETITION (C) NO.965 OF 2014 M/S. RADIANCE PROPERTIES (INDIA) LTD. & ORS. ... PETITIONER(S) VS. UNION OF INDIA & ORS. ... RESPONDENT(S) J U D G M E N TANIL R. DAVE, J.1. Ad-interim relief granted earlier has come to anend as the amount payable as per an interim order hasnot been paid so far.
2. On behalf of the petitioners it has been submittedthat the petitioners desire to sell Plot No.B2, Sector-8and Plot No.64/64A, Ulwe, Navi Mumbai, in favour ofsomebody, who is prepared to offer Rs.30 crores or themarket value, which might be more than what might beoffered by an auction purchaser at the time of anauction. If so, the petitioner may enter into atripartite agreement with the Bank and the buyer so thatthe one who is intending to purchase the property, can 10make payment to the Bank directly and the amount so paidby the buyer may be adjusted by the Bank towards thedues of the petitioners.3. The learned counsel appearing for the Bank hasagreed to the aforesaid arrangement, provided the buyerand the petitioners approach the Bank before the datewhen the auction is to be held.4. Needless to say that if the amount realised by theBank from disposal/sale of the afore-stated twoproperties is not sufficient, it would be open to theBank to take appropriate action in accordance with lawfor disposal of other properties for realising the dues.While disposing of other properties also, theafore-stated methodology be followed.5. In view of the above directions, the petitionstands disposed of.6. In view of the disposal of the writ petition, thepending application(s) also stand disposed of. ..............J. [ANIL R. DAVE] ..............J. [KURIAN JOSEPH]New Delhi;7th April, 2015.
11 IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (C) NO. 411 OF 2011M/S BHAGRA RESORTS PVT. LTD. & ORS. PETITIONER(s) VERSUSUNION OF INDIA & ORS. RESPONDENT(s) O R D E R The learned counsel for the petitioners seeksleave to withdraw this Writ Petition. Permission is granted. The Writ Petition is, accordingly, dismissed aswithdrawn. Ad-interim relief granted earlier standsvacated. However, the question of law is kept open. .......................J. [ANIL R. DAVE ] .......................J. [KURIAN JOSEPH]New Delhi;April 07, 2015. IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (C) NO. 120 OF 2014SH. JITENDRA KESURDAS SHAH PETITIONER(s) VERSUSSANGLI URBAN CO-OPERATIVE BANK LTD& ORS. RESPONDENT(s) O R D E R The learned counsel for the petitioner seeksleave to withdraw this Writ Petition. Permission is granted. The Writ Petition is, accordingly, dismissed aswithdrawn.
Ad-interim relief granted earlier standsvacated. .......................J. [ANIL R. DAVE ] .......................J. [KURIAN JOSEPH]New Delhi;April 07, 2015. 13 NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE/ORIGINAL JURISDICTION CIVIL APPEAL NO. 3734 OF 2015 [@ SPECIAL LEAVE PETITION (C) NO. 15507 of 2013]SHRI ANILRAO KALAJERAO BABAR Appellant (s) VERSUSSANGLI DISTRICT CENTRAL COOPERATIVEBANK LTD., SANGLI & ORS. Respondent(s) WITH CONTEMPT PETITION (C) NO. 320 OF 2013 IN CIVIL APPEAL NO. 3734 OF 2015 [@ SPECIAL LEAVE PETITION (C) NO. 15507 of 2013] J U D G M E N TSPECIAL LEAVE PETITION (C) NO. 15507 of 2013 Leave granted. Heard the learned counsel appearing for theparties. Upon hearing the learned counsel for theparties, we find that the disputed questions of factare involved in this matter and it would be just andproper if the appellant and Respondent Nos. 5-18approach the Debts Recovery Tribunal for ventilatingthe grievance of Yashwant Sahakari Sakhar Karkhana 14Ltd., of which the appellant and Respondent Nos. 5-18
are the members. Ad-interim relief which has been granted by thisCourt shall remain in force for six weeks from today. If the appellant and Respondent Nos. 5-18approach the Debts Recovery Tribunal within two weeksfrom today, the DRT shall not raise any question withregard to the limitation and shall entertain theproceedings in accordance with law. The application for interim relief, if any, maybe filed before the Debts Recovery Tribunal withintwo weeks from today and, if filed, the same shall bedecided by the Tribunal within four weeks from thedate of its filing. The Tribunal shall decide the proceedingswithout being influenced by any of the observationsmade by the High Court or by the fact that ad-interimrelief was granted by this Court at an earlier pointof time. With the above observations and directions, theCivil Appeal is disposed of with no order as tocosts. The question of law is kept open. The parties shall be at liberty to raise allcontentions before the Debts Recovery Tribunal. 15CONTEMPT PETITION (C) NO. 320 OF 2013 IN CIVIL APPEALNO. 3734 OF 2015 [@ SPECIAL LEAVE PETITION (C) NO.15507 of 2013] In view of the order passed by us today in CivilAppeal arising out of SLP (C) 15507 of 2013, nofurther orders need be passed in the ContemptPetition and it is, accordingly, disposed of. .......................J. [ANIL R. DAVE ]
.......................J. [KURIAN JOSEPH]New Delhi;April 07, 2015. 16 REVISEDITEM NO.101 COURT NO.3 SECTION IX, X, IVA, XIV, XIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No(s). 5674/2009PANDURANG GANPATI CHAUGULE Appellant(s) VERSUSVISHWASRAO PATIL MURGUD SAHAKARI BANK L. Respondent(s)WITHCONMT.PET.(C) NO. 320/2013 IN SLP(C) NO. 15507/2013 (S. IX),SLP(C) NO. 25930/2009 (S. IX) (DIRECTIONS AND INTERIM RELIEF ANDOFFICE REPORT), W.P.(C)NO. 48/2012 (S. X) (AMENDMENT OF THEPETITION AND STAY AND OFFICE REPORT), W.P.(C)NO. 461/2012 (S. X)(DIRECTIONS AND STAY AND OFFICE REPORT), SLP(C) NO. 15507/2013(S.IX) (WITH APPLN. (S) FOR DIRECTIONS AND EXEMPTION FROM FILINGO.T. AND IMPLEADMENT AND INTERIM RELIEF AND PERMISSION TO FILEADDITIONAL DOCUMENTS AND VACATING STAY AND OFFICE REPORT), W.P.(C)NO. 922/2013 (S. X) (DIRECTIONS AND PERMISSION TO FILE ADDITIONALDOCUMENTS AND OFFICE REPORT), W.P.(C) NO. 1007/2013 (S. X) (STAYAND OFFICE REPORT), W.P.(C) NO. 120/2014 (S. X) (IMPLEADMENT ANDSTAY AND VACATING INTERIM RELIEF AND OFFICE REPORT), W.P.(C) NO.142/2014 (S. X) (EX-PARTE STAY AND OFFICE REPORT), W.P.(C)NO.168/2014 (S. X) (STAY AND VACATING STAY AND OFFICE REPORT) , W.P.(C) NO. 169/2014 (S. X) (STAY AND VACATING STAY AND OFFICEREPORT), W.P.(C) NO. 421/2014 (S. X) (STAY AND VACATING STAY ANDOFFICE REPORT), W.P.(C) NO. 1020/2014 (S. X) (DIRECTIONS ANDOFFICE REPORT), C.A. NO. 5675/2009 (S. IX) (INTERIM RELIEF ANDOFFICE REPORT), C.A. NO. 5681/2009 (S.IX) (OFFICE REPORT), C.A.NO. 5682/2009 (S. IX) (INTERIM RELIEF AND OFFICE REPORT), C.A. NO.5684/2009 (S. IX) (DIRECTIONS AND INTERIM RELIEF), W.P.(C) NO.318/2010 (S. X) (STAY AND OFFICE REPORT), C.A. NO. 1468/2010 (S.IV) (EXEMPTION FROM FILING O.T. AND VACATING STAY), C.A.NO.4391/2010 (S. XIA) (PERMISSION TO FILE COUNTER AFFIDAVIT ANDOFFICE REPORT), C.A. NO. 7410/2010 (S. IX) , SLP(C) NO. 24309/2010(S. IX), W.P.(C) NO. 41/2011 (S. X) (STAY AND VACATING STAY ANDOFFICE REPORT), W.P.(C) NO. 220/2011 (S. X) (STAY AND OFFICEREPORT), W.P.(C) NO. 293/2011 (S.X) (DIRECTIONS AND STAY ANDOFFICE REPORT), W.P.(C) NO. 306/2011 (S. X) (DIRECTIONS AND STAYAND OFFICE REPORT), W.P.(C) NO. 308/2011 (S. X) (DIRECTIONS ANDSTAY AND OFFICE REPORT) ,W.P.(C) NO. 338/2011 (S. X) (STAY ANDOFFICE REPORT) , W.P.(C) NO. 375/2011 (S. X) (STAY AND OFFICEREPORT) , W.P.(C) NO. 411/2011 (S. X) (STAY AND OFFICE REPORT),SLP(C) NO. 7295-7298/2011 (S.IVA) (OFFICE REPORT), SLP(C) NO. 1722304-22305/2011 (S. IX) (EXEMPTION FROM FILING C/C OF THEIMPUGNED JUDGMENT AND OFFICE REPORT) , SLP(C) NO. 24479-24480/2011(S. IX) (INTERIM RELIEF AND OFFICE REPORT), W.P.(C) NO. 5/2012 (S.X) (DIRECTIONS AND STAY AND OFFICE REPORT), W.P.(C) NO. 97/2012(S. X) (DIRECTIONS AND STAY AND OFFICE REPORT), W.P.(C) NO.103/2012 (S.X) (DIRECTIONS AND STAY AND OFFICE REPORT), W.P.(C)NO. 122/2012 (S. X) (STAY AND VACATING STAY AND OFFICE REPORT),W.P.(C) NO. 199/2012 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO.
250/2012 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO. 291/2012 (S.X) (WITH OFFICE REPORT), W.P.(C) NO. 386/2012 (S. X) (STAY ANDOFFICE REPORT), W.P.(C) NO. 460/2012 (S. X) (DIRECTIONS AND STAYAND OFFICE REPORT), W.P.(C) NO. 487/2012 (S. X) (STAY AND OFFICEREPORT), W.P.(C) NO. 537/2012 (S. X) (PERMISSION TO FILEADDITIONAL DOCUMENTS AND STAY AND OFFICE REPORT), W.P.(C) NO.554/2012 (S. X) (DIRECTIONS AND STAY AND OFFICE REPORT), SLP(C)NO. 24276/2012 (S.IVA) (INTERIM RELIEF AND OFFICE REPORT), SLP(C)NO. 30568/2012 (S. IX) (INTERIM RELIEF AND OFFICE REPORT), W.P.(C)NO. 7/2013 (S. X) (DIRECTIONS AND STAY AND OFFICE REPORT), W.P.(C)NO. 36/2013 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO. 111/2013(S. X) (DIRECTIONS AND STAY AND OFFICE REPORT), W.P.(C) NO.112/2013 (S. X) (DIRECTIONS AND STAY AND OFFICE REPORT), W.P.(C)NO. 138/2013 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO. 146/2013(S. X) (STAY AND OFFICE REPORT), W.P.(C) NO. 151/2013 (S. X) (STAYAND OFFICE REPORT), W.P.(C) NO. 175/2013 (S. X) (STAY AND OFFICEREPORT), W.P.(C) NO. 179/2013 (S. X) (STAY AND OFFICE REPORT),W.P.(C) NO. 181/2013 (S.X) (STAY AND OFFICE REPORT), W.P.(C) NO.191/2013 (S. X) (DIRECTIONS AND STAY AND VACATION OF EX-PARTE STAYAND OFFICE REPORT), W.P.(C) NO. 192/2013 (S. X) (DIRECTIONS ANDSTAY AND OFFICE REPORT), W.P.(C) NO. 201/2013 (S. X) (STAY ANDOFFICE REPORT), W.P.(C) NO. 233/2013 (S.X) (STAY AND SUBSTITUTIONOF RESPONDENT AND OFFICE REPORT), W.P.(C) NO. 236/2013 (S. X)(STAY AND SUBSTITUTION OF RESPONDENT AND OFFICE REPORT), W.P.(C)NO. 238/2013 (S. X) (STAY AND SUBSTITUTION OF RESPONDENT ANDOFFICE REPORT), W.P.(C) NO. 248/2013 (S. X) (STAY AND OFFICEREPORT), W.P.(C) NO. 250/2013 (S. X) (STAY AND OFFICE REPORT),W.P.(C) NO. 253/2013 (S. X) (STAY AND VACATING STAY AND OFFICEREPORT), W.P.(C) NO. 264/2013 (S. X) (IMPLEADMENT AND STAY ANDOFFICE REPORT), W.P.(C) NO. 265/2013 (S. X) (DIRECTIONS AND STAYAND OFFICE REPORT), W.P.(C) NO. 266/2013 (S. X) (STAY AND OFFICEREPORT), W.P.(C) NO. 270/2013 (S. X) (DIRECTIONS AND STAY ANDOFFICE REPORT), W.P.(C) NO. 271/2013 (S. X) (DIRECTIONS AND STAYAND OFFICE REPORT), W.P.(C) NO. 279/2013 (S. X) (STAY AND OFFICEREPORT), W.P.(C) NO. 280/2013 (S. X) (STAY AND OFFICE REPORT),W.P.(C) NO. 284/2013 (S. X) (IMPLEADMENT AND STAY AND OFFICEREPORT), W.P.(C) NO. 353/2013 (S. X) (STAY AND OFFICE REPORT),W.P.(C) NO. 452/2013 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO.469/2013 (S. X) (OFFICE REPORT), W.P.(C) NO. 588/2013 (S. X)(IMPLEADMENT AND IMPLEADMENT AS PARTY RESPONDENT AND STAY ANDOFFICE REPORT), W.P.(C) NO. 753/2013 (S.X) (STAY AND OFFICEREPORT), W.P.(C) NO. 758/2013 (S. X) (STAY AND OFFICE REPORT),W.P.(C)NO. 761/2013 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO. 18762/2013 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO. 800/2013 (S.X) (DIRECTIONS AND OFFICE REPORT), W.P.(C) NO. 819/2013 (S.X)(STAY AND OFFICE REPORT), W.P.(C) NO. 868/2013 (S. X) (DIRECTIONSAND INTERIM DIRECTIONS AND VACATING STAY), W.P.(C) NO. 877/2013(S. X) (DIRECTIONS AND OFFICE REPORT), W.P.(C) NO.1037/2013 (S. X)(DIRECTIONS AND STAY AND OFFICE REPORT), W.P.(C) NO. 1043/2013 (S.X) (STAY AND OFFICE REPORT), W.P.(C) NO. 1044/2013 (S. X) (STAYAND OFFICE REPORT), W.P.(C) NO. 1045/2013 (S. X) (STAY AND OFFICEREPORT), SLP(C) NO. 12916/2013 (S. XIA) (INTERIM RELIEF AND OFFICEREPORT), SLP(C) NO. 15634-15635/2013 (S. IVA) (C/DELAY IN FILINGSLP AND OFFICE REPORT), SLP(C) NO. 17054/2013 (S. IX) (INTERIMRELIEF AND OFFICE REPORT), SLP(C) NO. 18775/2013 (S.IX) (INTERIMRELIEF AND OFFICE REPORT), SLP(C) NO. 18777/2013 (S. IX) (INTERIMRELIEF AND OFFICE REPORT), SLP(C) NO. 25126/2013 (S. IX) (INTERIMRELIEF), SLP(C) NO. 29720/2013 (S. IX) (OFFICE REPORT), SLP(C) NO.29721/2013 (S. IX) (OFFICE REPORT), SLP(C) NO. 35137/2013 (S. IX)(INTERIM RELIEF AND OFFICE REPORT), W.P.(C) NO. 5/2014 (S. X)(STAY AND OFFICE REPORT), W.P.(C) NO. 10/2014 (S. X) (STAY ANDOFFICE REPORT), W.P.(C) NO. 33/2014 (S. X) (IMPLEADMENT AND STAYAND OFFICE REPORT), W.P.(C) NO. 352/2014 (S. X) (DIRECTIONS ANDSTAY AND OFFICE REPORT), W.P.(C) NO. 408/2014 (S. X) (STAY ANDOFFICE REPORT), W.P.(C) NO. 420/2014 (S. X) (STAY AND OFFICEREPORT), W.P.(C) NO. 492/2014 (S. X) (EXEMPTION FROM FILING O.T.AND STAY AND OFFICE REPORT), W.P.(C) NO. 712/2014 (S. X) (STAY AND
VACATING STAY AND OFFICE REPORT), W.P.(C) NO. 714/2014 (S.X) (STAYAND VACATING STAY), W.P.(C) NO. 754/2014 (S. X) (EXEMPTION FROMFILING O.T. AND STAY AND OFFICE REPORT), W.P.(C) NO. 756/2014 (S.X) (DIRECTIONS AND STAY AND OFFICE REPORT), S.L.P.(C)... /2014 CCNO. 7586 (S. IVA) (C/DELAY IN FILING SLP AND OFFICE REPORT), W.P.(C) NO.795/2014 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO.849/2014 (S. X) (EX-PARTE STAY AND VACATING INTERIM ORDER ANDOFFICE REPORT), W.P.(C) NO. 838/2014 (S. X) (STAY AND VACATINGINTERIM ORDER AND OFFICE REPORT), W.P.(C) NO. 827/2014 (S. X)(EX-PARTE STAY AND OFFICE REPORT), SLP(C) NO. 32589/2014 (S. XIV)(EXEMPTION FROM FILING O.T.), W.P.(C) NO. 26/2015 (S. X) (STAY ANDOFFICE REPORT), W.P.(C) NO. 79/2015 (S. X) (OFFICE REPORT), W.P.(C) NO. 131/2015 (S. X) (STAY AND OFFICE REPORT)Date : 07/04/2015 These matters were called on for hearing today.CORAM : HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE KURIAN JOSEPHFor Appellant(s) Mr. Santosh,Adv. Mr. M. Khairati,Adv. For Mr. Gaurav Agrawal,Adv. Mr. Nikhil Nayyar,Adv. Mr. Dhananjay Baijal, Adv. Ms. Akanksha, Adv. Mr. N. Sai Vinod, Adv. 19Mr. Nishad L.S., Adv.Mr. Nagendra Rai, Sr. Adv.Ms. Priya Hingorani, Adv.Mr. Chandra Bhushan, Adv.Mr. Manoj K. Mishra, Adv.Mr. Bheem Pratap Singh, Adv.Mr. Sandeep Kumar Dwivedi, Adv.Mr. Pradeep Kumar Dwivedi, Adv.Ms. Rinku Mishra, Adv.Mr. S. R. Singh, Sr. Adv.Mr. D. N. Dubey, Adv.Mr. Ujjawal Pandey,Adv.Ms. Vandita Rai,Adv.For Asha Gopalan Nair,Adv.Mr. Dhruv Mehta, Sr. Adv.Mr. Darshan Siras, Adv.Mr. Satyajit A. Desai, Adv.Mr. Akash Kakade,Adv.For Ms. Anagha Desai,Adv.Mr. Devansh A. Mohta,Adv.Mr. Rajat Sehgal, Adv.Ms. Anushri Menon, Adv.Mr. Shishir Deshpande,Adv.Mr. Amit Yadav,Adv.For Ms. Sujata Kurdukar,Adv.Mr. S. Wasim A. Qadri, Adv.Mr. J. A. Khan, Adv.Mr. Zaid Ali, Adv.Mr. T. Qadri, Adv.Mr. Sunil Kumar Verma,Adv.Ms. Chandan Ramamurthi,Adv.
Mr. Ajit K. Sinha, Sr. Adv.Mr. R. Sudhinder,Adv.Mr. Dattatray Vyas, Adv.Ms. Prerna Amitabh, Adv.Mr. Abhishek Prasad,Adv.Mr. Ashok Mathur,Adv.Mr. T. N. Singh, Adv.Mr. Randhir Kumar, Adv. 20Mr. Tarkeshwar Nath,Adv.For Mr. R.P. Goyal,Adv.Mr. Saurabh Devkaran Singh,Adv.For Mr. Jayant K. Mehta,Adv.Ms. Madhavi Khare, Adv.Mr. K.L. Taneja,Adv.Ms. Purti M.,Adv.For Mr. A. Venayagam Balan,Adv.Mr. Manohar Lal Sharma, Adv.Ms. Suman, Adv.Mr. Pradhuman Gohil,Adv.Mr. Vikash Singh,Adv.Ms. Taruna Singh,Adv.Mr. Jaikriti S. Jadeja,Adv.Ms. Charu Mathur,Adv.Ms. Prabuddha Sharma, Adv.Mr. Chirag M. Shroff,Adv.Mr. Jitendra Ranawat,Adv.Ms. Mahima Shroff,Adv.Ms. Swati Vaibhav,Adv.Mr. Vikash Sinha,Adv.Mr. Satpal Singh,Adv.Mr. A.S. Chobe,Adv.Mr. P.K. Singh,Adv.Mr. Vijay Kumar,Adv.Mr. Rabin Majumder,Adv.Mr. S. Sadasiva Reddy,Adv.For Ms. S. Usha Reddy,Adv.Mr. K. V. Vishwanathan, Sr. Adv.Mr. P.K. Manohar,Adv.Mr. Jayanth Muth Raj,Adv.Ms. Malavika J.,Adv.Mr. Sureshan P.,Adv.Mr. Vishwajit Singh,Adv.Mr. H. Chandra Sekhar,Adv.Mr. Santhosh Krishnan,Adv. 21Mr. Marsook Bafaki, Adv.For Mr. Nikhil Goel,Adv.Mr. Jatin Zaveri,Adv.
Mr. Neel Kamal Mishra,Adv.Mr. Ranjan Sabharwal,Adv.Mr. Raghav Sabharwal,Adv.For Mr. Bankey Bihari Sharma,Adv.Ms. Ankita Jain,Adv.Ms. Amrita Mishra,Adv.Mr. Ravi Mishra,Adv.For Mr. Jay Savla,Adv.Mr. Lakshmi Raman Singh,Adv.Mr. Sarad Kumar Singhania,Adv.Mr. Santosh Paul,Adv.Mr. Arvind Gupta,Adv.Mr. Krishna Kumar, Adv.Mr. Harish Pandey,Adv.Mr. Sheen,Adv.Mr. Shubham Agarwal,Adv.Mr. N.D.B. Raju,Adv.For Mr. N. Ganpathy,Adv.Mr. S. Ravi Shankar,Adv.Ms. Sangeeta Singh, Adv.Mr. Amar Dave, Adv.Mr. Rishi Maheshwari,Adv.For Mr. P.S. Sudheer,Adv.Mr. Amol Chitale,Adv.Ms. Pragya Baghel,Adv.Ms. Jaya Khanna,Adv.Ms. Neela Gokhale,Adv.Mr. Amit S., Adv.Ms. Kamakshi S. Mehlwal,Adv.Mr. M. Khairati,Adv.For Mr. Irshad Ahmad,Adv.Mr. Santosh Paul,Adv.Mr. Arvind Gupta,Adv.Mr. Harish Pandey, Adv.Mr. Shubham Aggarwal, Adv. 22For Mr. M.J. Paul,Adv.Mr. Mathew J. Nedupara, Adv.Mr. Joydeep Mukherjee,Adv.Mr. Rabin Majumder,Adv.Mr. Garvesh Kabra,Adv.Ms. Pooja Kabra,Adv.Mr. Anirudh Sanganeria,Adv.Mr. Mukul Kumar,Adv.Mr. V.K. Biju, Adv.Mr. D. P. Singh, Adv.Ms. Sonam Gupta,Adv.Mr. Salil Bhattacharya,Adv.Mr. Raj Kiran Vats,Adv.Mr. R.P. Vyas, Adv.Ms. Kanika Khurana, Adv.
For Mr. Sanjay Jain,Adv.Mr. Ankur S. Kulkarni,Adv.Mr. M. Gireesh Kumar,Adv.For Mr. S.K. Kulkarni,Adv.Mr. Ankur Saigal, Adv.Mr. Mahesh Agarwal, Adv.Mr. Rishi Agrawala, Adv.Mr. E.C. Agrawala, Adv.Mr. Jiten Mehra, Adv.Mr. Vikrant Pachnanda, Adv.Mr. Vipin Nair,Adv.Mr. P.B. Suresh,Adv.Mr. Vishnu Shankar Jain,Adv.Mr. Udayaditya Banerjee,Adv.For M/s. Temple Law Firm,Advs.Ms. Garima Prashad,Adv.Mr. S. S. Ray, Adv.Mr. Vaibhav Gulia,Adv.Mr. Rishi, Adv.For Ms. Rakhi Ray,Adv.Mr. Pallav Shishodia, Sr. Adv.Mr. Rajiv Kumar, Adv.Ms. Kusum Chaudhary, Adv.Mr. Atul Babasaheb Dakh,Adv. 23 Ms. Rashmi Singh,Adv. Mr. V.K. Biju,Adv. Mr. Santosh Krishnan,Adv. Mr. Vineet Bhagat,Adv. Ms. Anindita, Adv. Mr. Ajay Kumar Singh,Adv. Mr. Vishal Balecha, Adv.For Respondent(s) Mr. Shekhar Naphade,Sr.Adv. Mr. Krishan Kumar, Adv. Mr. Abha N., Adv. Mr. Chinmoy Khaladkar, Adv. Mr. Preshit Surshe, Adv. Mr. Vinay Navare,Adv. Mr. Satyajeet Kumar,Adv. Mr. Keshav Ranjan,Adv. Ms. Gwen K.B.,Adv. For Ms. Abha R. Sharma,Adv. Mr. Shyam Divan, Sr. Adv. Mr. Sanjay Kharde,Adv. For Mr. Amol Nirmalkumar Suryawanshi,Adv. Mr. Siddhesh Kotwal, Adv. Mr. Annirudh Sharma, Adv. For Mr. Nirnimesh Dube, Adv. Mr. Jaideep Gupta, Sr. Adv. Mr. Kuldeep S. Parihar,Adv. For Mr. H.S. Parihar,Adv.
Mr. M.Y. Deshmukh,Adv. For Mr. R.P. Goyal,Adv. Mr. Debmalya Banerjee, Adv. Ms. Jasmeet Singh, Adv. Mrs. Manik Karanjawala, Adv. Ms. J. Saran, Adv. Mr. Shankar Chillarge,Adv. Ms. Sonia Shankar Chillarge, Adv. For Mr. A.P. Mayee,Adv. Ms. Vibha Datta Makhija,Sr.Adv. Ms. Rashmi Singhania,Adv. Mr. Praveen Chaturvedi,Adv. 24Mr. Pratap Venugopal, Adv.Ms. Supriya Jain, Adv.M/s. K.J. John & Co.Mr. Anurag Singh, Adv.Mr. Niraj Sharma,Adv.Mr. M.T. George,Adv.Ms. Sunita Sharma,Adv.Ms. Sushma Suri,Adv.Mr. Shreekant N. Terdal,Adv.Ms. Praveena Gautam,Adv.Mr. Deepak Tyagi,Adv.Ms. Pusshp Gupta,Adv.Mr. K. K. Gautam, Adv.Mr. P.I. Jose,Adv.Mr. Alok K. Prasad,Adv.Mr. Vishwanath Bahuguna,Adv.Mr. Shivaji M. Jadhav,Adv.Ms. Divya Sharma, Adv.For M/s. S.M. Jadhav & Co.,Advs.Mr. R. Basant,Sr.Adv.Mr. C.K. Sasi,Adv.Mr. Karthik Ashok,Adv.Mr. Yash Pal Dhingra,Adv.Mr. Tapesh Kumar Singh,Adv.Ms. Rajani K. Prasad,Adv.For Ms. Annapoorani,Adv.Mr. Yadunandan Bansal,Adv.For Mr. Abhijat P. Medh,Adv.Mr. Anil Kumar Mishra,Adv.Mr. Shekhar Naphade,Sr.Adv.Mr. Chinmoy Khaladkar,Adv.Ms. Neha Sharma, Adv.Mr. Deeptakirti Verma, Adv.Mr. Preshit Surshe,Adv.Mr. Arjun Krishnan,Adv. 25
Mr. Viraj Kadam, Adv.Mr. D.M. Nargolkar,Adv.Mr. Piyush Sharma,Adv.Mr. D. Bharat Kumar,Adv.Mr. Sayooj Mohandas M.,Adv.Mr. T. Baskar Gowtham, Adv.For Mr. Abhijit Sengupta,Adv.Mr. Vatsal Shah,Adv.Mr. S. Aravindh,Adv.Mr. Vimal Pani, Adv.For Mr. Senthil Jagadeesan,Adv.Mr. B. Subrahmanya Prasad,Adv.Mr. Suresh Dutt Dobhal,Adv.Mr. Subramonium Prasad,Adv.Mr. V.N. Raghupathy,Adv.Mr. Rajeev K. Pandey,Adv.For Mr. Rajeev Maheshwaranand Roy,Adv.Mr. Pravin Satale,Adv.For Mr. Rajiv Shankar Dwivedi,Adv.Mr. Ravindra Keshavrao Adsure,Adv.Ms. Hemantika Wahi,Adv.Mr. S.N. Bhat,Adv.Ms. Anuradha Mutatkar,Adv.Mr. Sudhanshu S. Choudhari,Adv.Mr. Avijit Saxena,Adv.For M/s. Karanjawala & Co.,Advs.Mr. M.P. Vinod,Adv.Ms. Neelam S.,Adv.Mr. Dileep Pillai,Adv.Ms. Usha V. Nandini, Adv.Mr. Atul,Adv.Mr. Rajesh Mahale,Adv.Mr. Parvesh Thakur,Adv.Ms. Gargi Khanna,Adv.Ms. Anil Katiyar,Adv. 26Mr. Manish Pitale,Adv.Mr. Wasi Haider,Adv.For C.S. Ashri,Adv.Mr. Chinmoy Khaladkar,Adv.Ms. Neha Sharma,Adv.For Mr. Deeptakirti Verma,Adv.Mr. B. B. Sawhney, Sr. Adv.Mr. R.K. Verma,Adv.Ms. Sunita Sharma, Adv.Mr. T.N. Razdan,Adv.For Ms. Sushma Suri, Adv.Mr. Sonal Jain,Adv.Mr. Rajiv M. Brahma,Adv.
Mr. Sachin Patil,Adv.For Mr. Shriram P. Pingle,Adv.Mr. Lalit Bhasin,Adv.Ms. Nina Gupta,Adv.Mr. Mudit Sharma,Adv.Mr. Parvez A. Khan,Adv.For Mr. P.V. Yogeswarn,Adv.Mr. Rishi Maheshwari,Adv.Ms. Anne Mathew,Adv.Mr. Raj Kumar Kaushik,Adv.Ms. Tarannum Ansari, Adv.For Mr. P.S. Sudheer,Adv.Mr. Anil Nag,Adv.Mr. Gaurav Sharma,Adv.Ms. Amandeep Kaur, Adv.Mr. Prateek Bhatia, Adv.Mr. Prateek Mishra, Adv.Ms. Sushma Suri, Adv.Ms. A. Sumathi,Adv.Mr. Ashok K. Mahajan,Adv.Mr. K. Rajeev,Adv .Mr. Mohit Kumar Shah,Adv.M/s. Dua Associates,Advs.Ms. Bharati Tyagi,Adv. 27 Mr. Anil Kumar Sangal,Adv. UPON hearing counsel the Court made the following O R D E RW.P.(C)NO. 48 of 2012 List on 09.04.2015 along with SLP (C) 9102 of 2013, SLP (C)No. 9979 of 2013 and SLP (C) No. 10476 of 2013.W.P.(C) NO. 411 of 2011 The Writ Petition is dismissed as withdrawn in terms of thesigned order.W.P.(C) NO. 33 of 2014 De-tagged. List on 09.04.2015.W.P.(C) NO. 120 of 2014 The Writ Petition is dismissed as withdrawn in terms of thesigned order.SLP (C) 15507 of 2013
Application for impleadment is rejected. Leave granted. The Civil Appeal is disposed of in terms of the signedorder.Contempt Petition (C) 320 of 2013 in Civil Appeal No. 3734 of2015 (@ SLP (C) 15507 of 2013) In view of the order passed by us today in Civil Appealarising out of SLP (C) 15507 of 2013, no further orders need bepassed in the Contempt Petition and it is, accordingly, disposed 28 of. WRIT PETITION (C) NO.5 OF 2012 The Writ Petition is disposed of as withdrawn in terms of the signed order. Writ Petition (C) No. 208 of 2014 Taken on board. The order dated 26.03.2015 is modified in terms of the signed order. I.A.No. 3 in Writ Petition (C) No. 965 of 2014 The interlocutory application and the writ petition are disposed of in terms of the signed non-reportable Judgment. Writ Petition (C) No. 461 of 2012 The Writ Petition is disposed of in terms of the signed order. Writ Petition (C) No. 460 of 2012 The Writ Petition is disposed of in terms of the signed order. Writ Petition (C) No. 7 of 2013 The Writ Petition is disposed of in terms of the signed order. Writ Petition (C) No. 868 of 2013 The Writ Petition is disposed of in terms of the signed order.SPECIAL LEAVE PETITION (C) NO.30568 OF 2012 : 29
Substitution allowed. The learned counsel appearing for the petitioners hasfairly submitted that the respondent-Bank is a Multi-StateCooperative Bank. In the circumstances, the Special Leave Petition doesnot survive and it is disposed of accordingly. It would be open to the petitioners to take appropriateaction in accordance with law for challenging the validityof the impugned order. Interim relief, if any, granted earlier stands vacated.I.A.No.2 In S.L.P.(C) NO.35137 OF 2013 : Order dated 18th February, 2015 is hereby recalled inrespect of this special leave petition only. I.A.No.2 forrecall/modification stands disposed of accordingly. As a consequence of the afore-stated order, the orderdated 11th November, 2013 shall remain in force. List the matter tomorrow, i.e., 8th April, 2015, alongwith C.A.No.5674 of 2009 and batch.I.A.NO.2 IN WRIT PETITION (C) NO.79 OF 2015 : By an order dated 18th February, 2015, the ad-interimrelief granted earlier had been modified to the effect thatthe petitioner had to pay 25% of the amount payable as on 1 stJanuary, 2015 as calculated by the Respondent-Bank within sixweeks from 18th February, 2015 and further 25% of the amount 30within six weeks thereafter. On the afore-stated condition, the ad-interim relief hadbeen granted to the petitioner, whereby therespondent-Creditor Bank had been restrained from takingfurther coercive action under the provisions of the TheSecuritization and Reconstruction of Financial Assets andEnforcement of Security Interest Act, 2002 (SARFAESI ACT). It has been fairly submitted by the learned counsel
appearing for the respondents that through oversight thepetitioner was not informed about the amount which had becomedue and payable as on 1st January, 2015. It has been further submitted today that as on 1stJanuary, 2015, the petitioner was liable to pay a sum ofRs.4,58,65,756/- (Rupees Four Crores Fifty Eight lakhs SixtyFive thousand Seven Hundred Fifty Six only), includinginterest which was payable till 31st December, 2014. As the petitioner had not been informed about the amountwhich had been payable and as the intimation of the same hasbeen given today, the petitioner shall pay 25% of theafore-stated amount within six weeks from today and a further25% of the said amount within six weeks thereafter. On the aforesaid conditions, the ad-interim relief whichhad been granted earlier, shall continue and if the amount is 31not paid within the stipulated period, the ad-interim reliefshall stand vacated without further reference to this Court. The learned counsel appearing for the respondent-Bankshall also provide details of the calculation as to how theafore-stated amount has been arrived at. I.A.No.2 for directions stands disposed of. List the matter on 8th April, 2015, along withC.A.No.5674 of 2009 and batch.WP(C) Nos.233, 236 and 238 of 2013 : Substitution allowed. List the matters on 09.04.2015 at 10.30 AM (for whole day). (Jayant Kumar Arora) (Sneh Bala Mehra) Sr. P.A. Assistant Registrar(Record of Proceedings in SLP (C) 25126 of 2013 and Civil AppealNo. 2440 of 2011 are issued separately)(9 signed orders and 1 non-reportable Judgment are placed on thefile)
¾? 1 IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (C) NO.5 OF 2012 SURENDRA PAPER MART & ORS. ... PETITIONER(S) VS. UNION OF INDIA & ORS. ... RESPONDENT(S) O R D E R The learned counsel appearing for the petitioners has fairly submitted that the respondent-Bank is a Multi-State Cooperative Bank. In the circumstances, he seeks permission to withdraw the writ petition. Permission is granted. The writ petition stands disposed of as withdrawn. Ad-interim relief, if any, granted earlier shall stand vacated. ..............J. [ANIL R. DAVE] ..............J. [KURIAN JOSEPH] New Delhi;Signature Not Verified 7th April, 2015.Digitally signed byJayant Kumar AroraDate: 2015.06.0316:37:21 ISTReason: 2 IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (C) NO.7 OF 2013M/S. RIGHT OUTDOOR SIGN PVT. LTD.& ORS. ...PETITIONER(S) VS.UNION OF INDIA & ORS. ...RESPONDENT(S)
O R D E R The learned counsel appearing for thepetitioners has submitted that the petitioners andthe respondent- creditor(s) had entered into anagreement with regard to an arbitration and theAward made by the Arbitrator has already beenchallenged by filing an appeal. In view of the above development, the writpetition does not survive, which is accordinglydisposed of. Interim relief, if any, standsvacated. 3 In view of the disposal of the writ petition,the pending application(s), if any, shall alsostand disposed of. ..............J. [ANIL R. DAVE] ..............J. [KURIAN JOSEPH]New Delhi;7th April, 2015. 4 IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (C) NO.208 OF 2014RAMKRUSHNAJI SHANKARRAOJI UMATE ... PETITIONER(S) VS.UNION OF INDIA & ORS. ... RESPONDENT(S) O R D E R Taken on board. The matter was notified for hearing on 26thMarch, 2015 when the writ petition was disposed of.Upon being mentioned by the learned counsel for thepetitioner, the order dated 26th March, 2015 isrecalled. The order shall be read as :
"None appears for the respondent, though served. The petitioner is a member of Indira Sahakari Soot Girni Maryadit, Wardha, who is Respondent No.3 herein (instead of : one of the sugar factories), which had borrowed money from the respondent- Cooperative Bank. The sugar factory has already filed Dispute No.473/2013 (instead of : Dispute No.413/2013) on 24 th October, 2012 in Cooperative Court at Nagpur, which is pending. Looking at the facts of the case, the Cooperative Court is directed to dispose of the pending suit preferably within six months from the date of getting intimation of this order. We are sure that the learned advocates appearing before the Court shall extend their 5 cooperation to the Court so that the suit can be disposed of as soon as possible. The writ petition stands disposed of accordingly. Ad-interim relief granted earlier shall continue till the Dispute No.473/2013 (instead of : Dispute No.413/2013) is decided. The question of law is kept open." The order dated 26th March, 2015 standsmodified as above. ..............J. [ANIL R. DAVE] ..............J. [KURIAN JOSEPH]New Delhi;7th April, 2015. 6 IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (C) NO.460 OF 2012 MRS. ANJU SUNIL BABLANI & ORS. ... PETITIONER(S) VS. UNION OF INDIA & ORS. ... RESPONDENT(S) O R D E R The learned counsel appearing for thepetitioners has submitted that the petitioners andthe respondent-creditor(s) had entered into anagreement with regard to arbitration in pursuance ofthe said arbitration proceedings an Award had beenmade and against the said Award, an appeal hasalready been filed by the petitioners. In view of the above development, the writ
petition does not survive, which is accordinglydisposed of. In view of the disposal of the writ petition,the pending application, if any, also standsdisposed of. Interim relief, if any, stands vacated. ..............J. [ANIL R. DAVE] ..............J. [KURIAN JOSEPH]New Delhi;7th April, 2015. 7 IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (C) NO.461 OF 2012 MR. SUNIL SACHU BABLANI & ORS. ... PETITIONER(S) VS. UNION OF INDIA & ORS. ... RESPONDENT(S) O R D E R The learned counsel appearing for thepetitioners has submitted that the petitioners andthe respondent-creditor(s) had entered into anagreement of arbitration and an Award had alreadybeen made; and against the said Award, an appeal hasalready been filed by the petitioners. In view of the above development, the writpetition does not survive, which is accordinglydisposed of. In view of the disposal of the writ petition,the pending application, if any, stands disposed of. Interim relief, if any, stands vacated. ..............J. [ANIL R. DAVE] ..............J. [KURIAN JOSEPH]New Delhi;7th April, 2015. 8 IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION
WRIT PETITION (C) NO.868 OF 2013 SMIT. SIVAKAMI BALASUBRAMANIAM ... PETITIONER(S) VS. ABHYUDAYA CO-OP. BANK LTD. & ORS. ... RESPONDENT(S) O R D E R Nobody is present for the petitioner. It has been submitted by the learned counselappearing for the respondent-Bank that the Bank is aMulti-State Cooperative Bank. In the circumstances, the writ Petition does notsurvive and it is disposed of accordingly. Interim reliefstands vacated. It would be open to the petitioners to takeappropriate action in accordance with law for challengingthe validity of the impugned order. ..............J. [ANIL R. DAVE] ..............J. [KURIAN JOSEPH] New Delhi; 7th April, 2015. 9 NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION INTERLOCUTORY APPLICATION NO.3 (For directions) IN WRIT PETITION (C) NO.965 OF 2014 M/S. RADIANCE PROPERTIES (INDIA) LTD. & ORS. ... PETITIONER(S) VS. UNION OF INDIA & ORS. ... RESPONDENT(S) J U D G M E N TANIL R. DAVE, J.1. Ad-interim relief granted earlier has come to anend as the amount payable as per an interim order hasnot been paid so far.
2. On behalf of the petitioners it has been submittedthat the petitioners desire to sell Plot No.B2, Sector-8and Plot No.64/64A, Ulwe, Navi Mumbai, in favour ofsomebody, who is prepared to offer Rs.30 crores or themarket value, which might be more than what might beoffered by an auction purchaser at the time of anauction. If so, the petitioner may enter into atripartite agreement with the Bank and the buyer so thatthe one who is intending to purchase the property, can 10make payment to the Bank directly and the amount so paidby the buyer may be adjusted by the Bank towards thedues of the petitioners.3. The learned counsel appearing for the Bank hasagreed to the aforesaid arrangement, provided the buyerand the petitioners approach the Bank before the datewhen the auction is to be held.4. Needless to say that if the amount realised by theBank from disposal/sale of the afore-stated twoproperties is not sufficient, it would be open to theBank to take appropriate action in accordance with lawfor disposal of other properties for realising the dues.While disposing of other properties also, theafore-stated methodology be followed.5. In view of the above directions, the petitionstands disposed of.6. In view of the disposal of the writ petition, thepending application(s) also stand disposed of. ..............J. [ANIL R. DAVE] ..............J. [KURIAN JOSEPH]New Delhi;7th April, 2015.
11 IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (C) NO. 411 OF 2011M/S BHAGRA RESORTS PVT. LTD. & ORS. PETITIONER(s) VERSUSUNION OF INDIA & ORS. RESPONDENT(s) O R D E R The learned counsel for the petitioners seeksleave to withdraw this Writ Petition. Permission is granted. The Writ Petition is, accordingly, dismissed aswithdrawn. Ad-interim relief granted earlier standsvacated. However, the question of law is kept open. .......................J. [ANIL R. DAVE ] .......................J. [KURIAN JOSEPH]New Delhi;April 07, 2015. IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (C) NO. 120 OF 2014SH. JITENDRA KESURDAS SHAH PETITIONER(s) VERSUSSANGLI URBAN CO-OPERATIVE BANK LTD& ORS. RESPONDENT(s) O R D E R The learned counsel for the petitioner seeksleave to withdraw this Writ Petition. Permission is granted. The Writ Petition is, accordingly, dismissed aswithdrawn.
Ad-interim relief granted earlier standsvacated. .......................J. [ANIL R. DAVE ] .......................J. [KURIAN JOSEPH]New Delhi;April 07, 2015. 13 NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE/ORIGINAL JURISDICTION CIVIL APPEAL NO. 3734 OF 2015 [@ SPECIAL LEAVE PETITION (C) NO. 15507 of 2013]SHRI ANILRAO KALAJERAO BABAR Appellant (s) VERSUSSANGLI DISTRICT CENTRAL COOPERATIVEBANK LTD., SANGLI & ORS. Respondent(s) WITH CONTEMPT PETITION (C) NO. 320 OF 2013 IN CIVIL APPEAL NO. 3734 OF 2015 [@ SPECIAL LEAVE PETITION (C) NO. 15507 of 2013] J U D G M E N TSPECIAL LEAVE PETITION (C) NO. 15507 of 2013 Leave granted. Heard the learned counsel appearing for theparties. Upon hearing the learned counsel for theparties, we find that the disputed questions of factare involved in this matter and it would be just andproper if the appellant and Respondent Nos. 5-18approach the Debts Recovery Tribunal for ventilatingthe grievance of Yashwant Sahakari Sakhar Karkhana 14Ltd., of which the appellant and Respondent Nos. 5-18
are the members. Ad-interim relief which has been granted by thisCourt shall remain in force for six weeks from today. If the appellant and Respondent Nos. 5-18approach the Debts Recovery Tribunal within two weeksfrom today, the DRT shall not raise any question withregard to the limitation and shall entertain theproceedings in accordance with law. The application for interim relief, if any, maybe filed before the Debts Recovery Tribunal withintwo weeks from today and, if filed, the same shall bedecided by the Tribunal within four weeks from thedate of its filing. The Tribunal shall decide the proceedingswithout being influenced by any of the observationsmade by the High Court or by the fact that ad-interimrelief was granted by this Court at an earlier pointof time. With the above observations and directions, theCivil Appeal is disposed of with no order as tocosts. The question of law is kept open. The parties shall be at liberty to raise allcontentions before the Debts Recovery Tribunal. 15CONTEMPT PETITION (C) NO. 320 OF 2013 IN CIVIL APPEALNO. 3734 OF 2015 [@ SPECIAL LEAVE PETITION (C) NO.15507 of 2013] In view of the order passed by us today in CivilAppeal arising out of SLP (C) 15507 of 2013, nofurther orders need be passed in the ContemptPetition and it is, accordingly, disposed of. .......................J. [ANIL R. DAVE ]
.......................J. [KURIAN JOSEPH]New Delhi;April 07, 2015. 16 REVISEDITEM NO.101 COURT NO.3 SECTION IX, X, IVA, XIV, XIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No(s). 5674/2009PANDURANG GANPATI CHAUGULE Appellant(s) VERSUSVISHWASRAO PATIL MURGUD SAHAKARI BANK L. Respondent(s)WITHCONMT.PET.(C) NO. 320/2013 IN SLP(C) NO. 15507/2013 (S. IX),SLP(C) NO. 25930/2009 (S. IX) (DIRECTIONS AND INTERIM RELIEF ANDOFFICE REPORT), W.P.(C)NO. 48/2012 (S. X) (AMENDMENT OF THEPETITION AND STAY AND OFFICE REPORT), W.P.(C)NO. 461/2012 (S. X)(DIRECTIONS AND STAY AND OFFICE REPORT), SLP(C) NO. 15507/2013(S.IX) (WITH APPLN. (S) FOR DIRECTIONS AND EXEMPTION FROM FILINGO.T. AND IMPLEADMENT AND INTERIM RELIEF AND PERMISSION TO FILEADDITIONAL DOCUMENTS AND VACATING STAY AND OFFICE REPORT), W.P.(C)NO. 922/2013 (S. X) (DIRECTIONS AND PERMISSION TO FILE ADDITIONALDOCUMENTS AND OFFICE REPORT), W.P.(C) NO. 1007/2013 (S. X) (STAYAND OFFICE REPORT), W.P.(C) NO. 120/2014 (S. X) (IMPLEADMENT ANDSTAY AND VACATING INTERIM RELIEF AND OFFICE REPORT), W.P.(C) NO.142/2014 (S. X) (EX-PARTE STAY AND OFFICE REPORT), W.P.(C)NO.168/2014 (S. X) (STAY AND VACATING STAY AND OFFICE REPORT) , W.P.(C) NO. 169/2014 (S. X) (STAY AND VACATING STAY AND OFFICEREPORT), W.P.(C) NO. 421/2014 (S. X) (STAY AND VACATING STAY ANDOFFICE REPORT), W.P.(C) NO. 1020/2014 (S. X) (DIRECTIONS ANDOFFICE REPORT), C.A. NO. 5675/2009 (S. IX) (INTERIM RELIEF ANDOFFICE REPORT), C.A. NO. 5681/2009 (S.IX) (OFFICE REPORT), C.A.NO. 5682/2009 (S. IX) (INTERIM RELIEF AND OFFICE REPORT), C.A. NO.5684/2009 (S. IX) (DIRECTIONS AND INTERIM RELIEF), W.P.(C) NO.318/2010 (S. X) (STAY AND OFFICE REPORT), C.A. NO. 1468/2010 (S.IV) (EXEMPTION FROM FILING O.T. AND VACATING STAY), C.A.NO.4391/2010 (S. XIA) (PERMISSION TO FILE COUNTER AFFIDAVIT ANDOFFICE REPORT), C.A. NO. 7410/2010 (S. IX) , SLP(C) NO. 24309/2010(S. IX), W.P.(C) NO. 41/2011 (S. X) (STAY AND VACATING STAY ANDOFFICE REPORT), W.P.(C) NO. 220/2011 (S. X) (STAY AND OFFICEREPORT), W.P.(C) NO. 293/2011 (S.X) (DIRECTIONS AND STAY ANDOFFICE REPORT), W.P.(C) NO. 306/2011 (S. X) (DIRECTIONS AND STAYAND OFFICE REPORT), W.P.(C) NO. 308/2011 (S. X) (DIRECTIONS ANDSTAY AND OFFICE REPORT) ,W.P.(C) NO. 338/2011 (S. X) (STAY ANDOFFICE REPORT) , W.P.(C) NO. 375/2011 (S. X) (STAY AND OFFICEREPORT) , W.P.(C) NO. 411/2011 (S. X) (STAY AND OFFICE REPORT),SLP(C) NO. 7295-7298/2011 (S.IVA) (OFFICE REPORT), SLP(C) NO. 1722304-22305/2011 (S. IX) (EXEMPTION FROM FILING C/C OF THEIMPUGNED JUDGMENT AND OFFICE REPORT) , SLP(C) NO. 24479-24480/2011(S. IX) (INTERIM RELIEF AND OFFICE REPORT), W.P.(C) NO. 5/2012 (S.X) (DIRECTIONS AND STAY AND OFFICE REPORT), W.P.(C) NO. 97/2012(S. X) (DIRECTIONS AND STAY AND OFFICE REPORT), W.P.(C) NO.103/2012 (S.X) (DIRECTIONS AND STAY AND OFFICE REPORT), W.P.(C)NO. 122/2012 (S. X) (STAY AND VACATING STAY AND OFFICE REPORT),W.P.(C) NO. 199/2012 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO.
250/2012 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO. 291/2012 (S.X) (WITH OFFICE REPORT), W.P.(C) NO. 386/2012 (S. X) (STAY ANDOFFICE REPORT), W.P.(C) NO. 460/2012 (S. X) (DIRECTIONS AND STAYAND OFFICE REPORT), W.P.(C) NO. 487/2012 (S. X) (STAY AND OFFICEREPORT), W.P.(C) NO. 537/2012 (S. X) (PERMISSION TO FILEADDITIONAL DOCUMENTS AND STAY AND OFFICE REPORT), W.P.(C) NO.554/2012 (S. X) (DIRECTIONS AND STAY AND OFFICE REPORT), SLP(C)NO. 24276/2012 (S.IVA) (INTERIM RELIEF AND OFFICE REPORT), SLP(C)NO. 30568/2012 (S. IX) (INTERIM RELIEF AND OFFICE REPORT), W.P.(C)NO. 7/2013 (S. X) (DIRECTIONS AND STAY AND OFFICE REPORT), W.P.(C)NO. 36/2013 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO. 111/2013(S. X) (DIRECTIONS AND STAY AND OFFICE REPORT), W.P.(C) NO.112/2013 (S. X) (DIRECTIONS AND STAY AND OFFICE REPORT), W.P.(C)NO. 138/2013 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO. 146/2013(S. X) (STAY AND OFFICE REPORT), W.P.(C) NO. 151/2013 (S. X) (STAYAND OFFICE REPORT), W.P.(C) NO. 175/2013 (S. X) (STAY AND OFFICEREPORT), W.P.(C) NO. 179/2013 (S. X) (STAY AND OFFICE REPORT),W.P.(C) NO. 181/2013 (S.X) (STAY AND OFFICE REPORT), W.P.(C) NO.191/2013 (S. X) (DIRECTIONS AND STAY AND VACATION OF EX-PARTE STAYAND OFFICE REPORT), W.P.(C) NO. 192/2013 (S. X) (DIRECTIONS ANDSTAY AND OFFICE REPORT), W.P.(C) NO. 201/2013 (S. X) (STAY ANDOFFICE REPORT), W.P.(C) NO. 233/2013 (S.X) (STAY AND SUBSTITUTIONOF RESPONDENT AND OFFICE REPORT), W.P.(C) NO. 236/2013 (S. X)(STAY AND SUBSTITUTION OF RESPONDENT AND OFFICE REPORT), W.P.(C)NO. 238/2013 (S. X) (STAY AND SUBSTITUTION OF RESPONDENT ANDOFFICE REPORT), W.P.(C) NO. 248/2013 (S. X) (STAY AND OFFICEREPORT), W.P.(C) NO. 250/2013 (S. X) (STAY AND OFFICE REPORT),W.P.(C) NO. 253/2013 (S. X) (STAY AND VACATING STAY AND OFFICEREPORT), W.P.(C) NO. 264/2013 (S. X) (IMPLEADMENT AND STAY ANDOFFICE REPORT), W.P.(C) NO. 265/2013 (S. X) (DIRECTIONS AND STAYAND OFFICE REPORT), W.P.(C) NO. 266/2013 (S. X) (STAY AND OFFICEREPORT), W.P.(C) NO. 270/2013 (S. X) (DIRECTIONS AND STAY ANDOFFICE REPORT), W.P.(C) NO. 271/2013 (S. X) (DIRECTIONS AND STAYAND OFFICE REPORT), W.P.(C) NO. 279/2013 (S. X) (STAY AND OFFICEREPORT), W.P.(C) NO. 280/2013 (S. X) (STAY AND OFFICE REPORT),W.P.(C) NO. 284/2013 (S. X) (IMPLEADMENT AND STAY AND OFFICEREPORT), W.P.(C) NO. 353/2013 (S. X) (STAY AND OFFICE REPORT),W.P.(C) NO. 452/2013 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO.469/2013 (S. X) (OFFICE REPORT), W.P.(C) NO. 588/2013 (S. X)(IMPLEADMENT AND IMPLEADMENT AS PARTY RESPONDENT AND STAY ANDOFFICE REPORT), W.P.(C) NO. 753/2013 (S.X) (STAY AND OFFICEREPORT), W.P.(C) NO. 758/2013 (S. X) (STAY AND OFFICE REPORT),W.P.(C)NO. 761/2013 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO. 18762/2013 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO. 800/2013 (S.X) (DIRECTIONS AND OFFICE REPORT), W.P.(C) NO. 819/2013 (S.X)(STAY AND OFFICE REPORT), W.P.(C) NO. 868/2013 (S. X) (DIRECTIONSAND INTERIM DIRECTIONS AND VACATING STAY), W.P.(C) NO. 877/2013(S. X) (DIRECTIONS AND OFFICE REPORT), W.P.(C) NO.1037/2013 (S. X)(DIRECTIONS AND STAY AND OFFICE REPORT), W.P.(C) NO. 1043/2013 (S.X) (STAY AND OFFICE REPORT), W.P.(C) NO. 1044/2013 (S. X) (STAYAND OFFICE REPORT), W.P.(C) NO. 1045/2013 (S. X) (STAY AND OFFICEREPORT), SLP(C) NO. 12916/2013 (S. XIA) (INTERIM RELIEF AND OFFICEREPORT), SLP(C) NO. 15634-15635/2013 (S. IVA) (C/DELAY IN FILINGSLP AND OFFICE REPORT), SLP(C) NO. 17054/2013 (S. IX) (INTERIMRELIEF AND OFFICE REPORT), SLP(C) NO. 18775/2013 (S.IX) (INTERIMRELIEF AND OFFICE REPORT), SLP(C) NO. 18777/2013 (S. IX) (INTERIMRELIEF AND OFFICE REPORT), SLP(C) NO. 25126/2013 (S. IX) (INTERIMRELIEF), SLP(C) NO. 29720/2013 (S. IX) (OFFICE REPORT), SLP(C) NO.29721/2013 (S. IX) (OFFICE REPORT), SLP(C) NO. 35137/2013 (S. IX)(INTERIM RELIEF AND OFFICE REPORT), W.P.(C) NO. 5/2014 (S. X)(STAY AND OFFICE REPORT), W.P.(C) NO. 10/2014 (S. X) (STAY ANDOFFICE REPORT), W.P.(C) NO. 33/2014 (S. X) (IMPLEADMENT AND STAYAND OFFICE REPORT), W.P.(C) NO. 352/2014 (S. X) (DIRECTIONS ANDSTAY AND OFFICE REPORT), W.P.(C) NO. 408/2014 (S. X) (STAY ANDOFFICE REPORT), W.P.(C) NO. 420/2014 (S. X) (STAY AND OFFICEREPORT), W.P.(C) NO. 492/2014 (S. X) (EXEMPTION FROM FILING O.T.AND STAY AND OFFICE REPORT), W.P.(C) NO. 712/2014 (S. X) (STAY AND
VACATING STAY AND OFFICE REPORT), W.P.(C) NO. 714/2014 (S.X) (STAYAND VACATING STAY), W.P.(C) NO. 754/2014 (S. X) (EXEMPTION FROMFILING O.T. AND STAY AND OFFICE REPORT), W.P.(C) NO. 756/2014 (S.X) (DIRECTIONS AND STAY AND OFFICE REPORT), S.L.P.(C)... /2014 CCNO. 7586 (S. IVA) (C/DELAY IN FILING SLP AND OFFICE REPORT), W.P.(C) NO.795/2014 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO.849/2014 (S. X) (EX-PARTE STAY AND VACATING INTERIM ORDER ANDOFFICE REPORT), W.P.(C) NO. 838/2014 (S. X) (STAY AND VACATINGINTERIM ORDER AND OFFICE REPORT), W.P.(C) NO. 827/2014 (S. X)(EX-PARTE STAY AND OFFICE REPORT), SLP(C) NO. 32589/2014 (S. XIV)(EXEMPTION FROM FILING O.T.), W.P.(C) NO. 26/2015 (S. X) (STAY ANDOFFICE REPORT), W.P.(C) NO. 79/2015 (S. X) (OFFICE REPORT), W.P.(C) NO. 131/2015 (S. X) (STAY AND OFFICE REPORT)Date : 07/04/2015 These matters were called on for hearing today.CORAM : HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE KURIAN JOSEPHFor Appellant(s) Mr. Santosh,Adv. Mr. M. Khairati,Adv. For Mr. Gaurav Agrawal,Adv. Mr. Nikhil Nayyar,Adv. Mr. Dhananjay Baijal, Adv. Ms. Akanksha, Adv. Mr. N. Sai Vinod, Adv. 19Mr. Nishad L.S., Adv.Mr. Nagendra Rai, Sr. Adv.Ms. Priya Hingorani, Adv.Mr. Chandra Bhushan, Adv.Mr. Manoj K. Mishra, Adv.Mr. Bheem Pratap Singh, Adv.Mr. Sandeep Kumar Dwivedi, Adv.Mr. Pradeep Kumar Dwivedi, Adv.Ms. Rinku Mishra, Adv.Mr. S. R. Singh, Sr. Adv.Mr. D. N. Dubey, Adv.Mr. Ujjawal Pandey,Adv.Ms. Vandita Rai,Adv.For Asha Gopalan Nair,Adv.Mr. Dhruv Mehta, Sr. Adv.Mr. Darshan Siras, Adv.Mr. Satyajit A. Desai, Adv.Mr. Akash Kakade,Adv.For Ms. Anagha Desai,Adv.Mr. Devansh A. Mohta,Adv.Mr. Rajat Sehgal, Adv.Ms. Anushri Menon, Adv.Mr. Shishir Deshpande,Adv.Mr. Amit Yadav,Adv.For Ms. Sujata Kurdukar,Adv.Mr. S. Wasim A. Qadri, Adv.Mr. J. A. Khan, Adv.Mr. Zaid Ali, Adv.Mr. T. Qadri, Adv.Mr. Sunil Kumar Verma,Adv.Ms. Chandan Ramamurthi,Adv.
Mr. Ajit K. Sinha, Sr. Adv.Mr. R. Sudhinder,Adv.Mr. Dattatray Vyas, Adv.Ms. Prerna Amitabh, Adv.Mr. Abhishek Prasad,Adv.Mr. Ashok Mathur,Adv.Mr. T. N. Singh, Adv.Mr. Randhir Kumar, Adv. 20Mr. Tarkeshwar Nath,Adv.For Mr. R.P. Goyal,Adv.Mr. Saurabh Devkaran Singh,Adv.For Mr. Jayant K. Mehta,Adv.Ms. Madhavi Khare, Adv.Mr. K.L. Taneja,Adv.Ms. Purti M.,Adv.For Mr. A. Venayagam Balan,Adv.Mr. Manohar Lal Sharma, Adv.Ms. Suman, Adv.Mr. Pradhuman Gohil,Adv.Mr. Vikash Singh,Adv.Ms. Taruna Singh,Adv.Mr. Jaikriti S. Jadeja,Adv.Ms. Charu Mathur,Adv.Ms. Prabuddha Sharma, Adv.Mr. Chirag M. Shroff,Adv.Mr. Jitendra Ranawat,Adv.Ms. Mahima Shroff,Adv.Ms. Swati Vaibhav,Adv.Mr. Vikash Sinha,Adv.Mr. Satpal Singh,Adv.Mr. A.S. Chobe,Adv.Mr. P.K. Singh,Adv.Mr. Vijay Kumar,Adv.Mr. Rabin Majumder,Adv.Mr. S. Sadasiva Reddy,Adv.For Ms. S. Usha Reddy,Adv.Mr. K. V. Vishwanathan, Sr. Adv.Mr. P.K. Manohar,Adv.Mr. Jayanth Muth Raj,Adv.Ms. Malavika J.,Adv.Mr. Sureshan P.,Adv.Mr. Vishwajit Singh,Adv.Mr. H. Chandra Sekhar,Adv.Mr. Santhosh Krishnan,Adv. 21Mr. Marsook Bafaki, Adv.For Mr. Nikhil Goel,Adv.Mr. Jatin Zaveri,Adv.
Mr. Neel Kamal Mishra,Adv.Mr. Ranjan Sabharwal,Adv.Mr. Raghav Sabharwal,Adv.For Mr. Bankey Bihari Sharma,Adv.Ms. Ankita Jain,Adv.Ms. Amrita Mishra,Adv.Mr. Ravi Mishra,Adv.For Mr. Jay Savla,Adv.Mr. Lakshmi Raman Singh,Adv.Mr. Sarad Kumar Singhania,Adv.Mr. Santosh Paul,Adv.Mr. Arvind Gupta,Adv.Mr. Krishna Kumar, Adv.Mr. Harish Pandey,Adv.Mr. Sheen,Adv.Mr. Shubham Agarwal,Adv.Mr. N.D.B. Raju,Adv.For Mr. N. Ganpathy,Adv.Mr. S. Ravi Shankar,Adv.Ms. Sangeeta Singh, Adv.Mr. Amar Dave, Adv.Mr. Rishi Maheshwari,Adv.For Mr. P.S. Sudheer,Adv.Mr. Amol Chitale,Adv.Ms. Pragya Baghel,Adv.Ms. Jaya Khanna,Adv.Ms. Neela Gokhale,Adv.Mr. Amit S., Adv.Ms. Kamakshi S. Mehlwal,Adv.Mr. M. Khairati,Adv.For Mr. Irshad Ahmad,Adv.Mr. Santosh Paul,Adv.Mr. Arvind Gupta,Adv.Mr. Harish Pandey, Adv.Mr. Shubham Aggarwal, Adv. 22For Mr. M.J. Paul,Adv.Mr. Mathew J. Nedupara, Adv.Mr. Joydeep Mukherjee,Adv.Mr. Rabin Majumder,Adv.Mr. Garvesh Kabra,Adv.Ms. Pooja Kabra,Adv.Mr. Anirudh Sanganeria,Adv.Mr. Mukul Kumar,Adv.Mr. V.K. Biju, Adv.Mr. D. P. Singh, Adv.Ms. Sonam Gupta,Adv.Mr. Salil Bhattacharya,Adv.Mr. Raj Kiran Vats,Adv.Mr. R.P. Vyas, Adv.Ms. Kanika Khurana, Adv.
For Mr. Sanjay Jain,Adv.Mr. Ankur S. Kulkarni,Adv.Mr. M. Gireesh Kumar,Adv.For Mr. S.K. Kulkarni,Adv.Mr. Ankur Saigal, Adv.Mr. Mahesh Agarwal, Adv.Mr. Rishi Agrawala, Adv.Mr. E.C. Agrawala, Adv.Mr. Jiten Mehra, Adv.Mr. Vikrant Pachnanda, Adv.Mr. Vipin Nair,Adv.Mr. P.B. Suresh,Adv.Mr. Vishnu Shankar Jain,Adv.Mr. Udayaditya Banerjee,Adv.For M/s. Temple Law Firm,Advs.Ms. Garima Prashad,Adv.Mr. S. S. Ray, Adv.Mr. Vaibhav Gulia,Adv.Mr. Rishi, Adv.For Ms. Rakhi Ray,Adv.Mr. Pallav Shishodia, Sr. Adv.Mr. Rajiv Kumar, Adv.Ms. Kusum Chaudhary, Adv.Mr. Atul Babasaheb Dakh,Adv. 23 Ms. Rashmi Singh,Adv. Mr. V.K. Biju,Adv. Mr. Santosh Krishnan,Adv. Mr. Vineet Bhagat,Adv. Ms. Anindita, Adv. Mr. Ajay Kumar Singh,Adv. Mr. Vishal Balecha, Adv.For Respondent(s) Mr. Shekhar Naphade,Sr.Adv. Mr. Krishan Kumar, Adv. Mr. Abha N., Adv. Mr. Chinmoy Khaladkar, Adv. Mr. Preshit Surshe, Adv. Mr. Vinay Navare,Adv. Mr. Satyajeet Kumar,Adv. Mr. Keshav Ranjan,Adv. Ms. Gwen K.B.,Adv. For Ms. Abha R. Sharma,Adv. Mr. Shyam Divan, Sr. Adv. Mr. Sanjay Kharde,Adv. For Mr. Amol Nirmalkumar Suryawanshi,Adv. Mr. Siddhesh Kotwal, Adv. Mr. Annirudh Sharma, Adv. For Mr. Nirnimesh Dube, Adv. Mr. Jaideep Gupta, Sr. Adv. Mr. Kuldeep S. Parihar,Adv. For Mr. H.S. Parihar,Adv.
Mr. M.Y. Deshmukh,Adv. For Mr. R.P. Goyal,Adv. Mr. Debmalya Banerjee, Adv. Ms. Jasmeet Singh, Adv. Mrs. Manik Karanjawala, Adv. Ms. J. Saran, Adv. Mr. Shankar Chillarge,Adv. Ms. Sonia Shankar Chillarge, Adv. For Mr. A.P. Mayee,Adv. Ms. Vibha Datta Makhija,Sr.Adv. Ms. Rashmi Singhania,Adv. Mr. Praveen Chaturvedi,Adv. 24Mr. Pratap Venugopal, Adv.Ms. Supriya Jain, Adv.M/s. K.J. John & Co.Mr. Anurag Singh, Adv.Mr. Niraj Sharma,Adv.Mr. M.T. George,Adv.Ms. Sunita Sharma,Adv.Ms. Sushma Suri,Adv.Mr. Shreekant N. Terdal,Adv.Ms. Praveena Gautam,Adv.Mr. Deepak Tyagi,Adv.Ms. Pusshp Gupta,Adv.Mr. K. K. Gautam, Adv.Mr. P.I. Jose,Adv.Mr. Alok K. Prasad,Adv.Mr. Vishwanath Bahuguna,Adv.Mr. Shivaji M. Jadhav,Adv.Ms. Divya Sharma, Adv.For M/s. S.M. Jadhav & Co.,Advs.Mr. R. Basant,Sr.Adv.Mr. C.K. Sasi,Adv.Mr. Karthik Ashok,Adv.Mr. Yash Pal Dhingra,Adv.Mr. Tapesh Kumar Singh,Adv.Ms. Rajani K. Prasad,Adv.For Ms. Annapoorani,Adv.Mr. Yadunandan Bansal,Adv.For Mr. Abhijat P. Medh,Adv.Mr. Anil Kumar Mishra,Adv.Mr. Shekhar Naphade,Sr.Adv.Mr. Chinmoy Khaladkar,Adv.Ms. Neha Sharma, Adv.Mr. Deeptakirti Verma, Adv.Mr. Preshit Surshe,Adv.Mr. Arjun Krishnan,Adv. 25
Mr. Viraj Kadam, Adv.Mr. D.M. Nargolkar,Adv.Mr. Piyush Sharma,Adv.Mr. D. Bharat Kumar,Adv.Mr. Sayooj Mohandas M.,Adv.Mr. T. Baskar Gowtham, Adv.For Mr. Abhijit Sengupta,Adv.Mr. Vatsal Shah,Adv.Mr. S. Aravindh,Adv.Mr. Vimal Pani, Adv.For Mr. Senthil Jagadeesan,Adv.Mr. B. Subrahmanya Prasad,Adv.Mr. Suresh Dutt Dobhal,Adv.Mr. Subramonium Prasad,Adv.Mr. V.N. Raghupathy,Adv.Mr. Rajeev K. Pandey,Adv.For Mr. Rajeev Maheshwaranand Roy,Adv.Mr. Pravin Satale,Adv.For Mr. Rajiv Shankar Dwivedi,Adv.Mr. Ravindra Keshavrao Adsure,Adv.Ms. Hemantika Wahi,Adv.Mr. S.N. Bhat,Adv.Ms. Anuradha Mutatkar,Adv.Mr. Sudhanshu S. Choudhari,Adv.Mr. Avijit Saxena,Adv.For M/s. Karanjawala & Co.,Advs.Mr. M.P. Vinod,Adv.Ms. Neelam S.,Adv.Mr. Dileep Pillai,Adv.Ms. Usha V. Nandini, Adv.Mr. Atul,Adv.Mr. Rajesh Mahale,Adv.Mr. Parvesh Thakur,Adv.Ms. Gargi Khanna,Adv.Ms. Anil Katiyar,Adv. 26Mr. Manish Pitale,Adv.Mr. Wasi Haider,Adv.For C.S. Ashri,Adv.Mr. Chinmoy Khaladkar,Adv.Ms. Neha Sharma,Adv.For Mr. Deeptakirti Verma,Adv.Mr. B. B. Sawhney, Sr. Adv.Mr. R.K. Verma,Adv.Ms. Sunita Sharma, Adv.Mr. T.N. Razdan,Adv.For Ms. Sushma Suri, Adv.Mr. Sonal Jain,Adv.Mr. Rajiv M. Brahma,Adv.
Mr. Sachin Patil,Adv.For Mr. Shriram P. Pingle,Adv.Mr. Lalit Bhasin,Adv.Ms. Nina Gupta,Adv.Mr. Mudit Sharma,Adv.Mr. Parvez A. Khan,Adv.For Mr. P.V. Yogeswarn,Adv.Mr. Rishi Maheshwari,Adv.Ms. Anne Mathew,Adv.Mr. Raj Kumar Kaushik,Adv.Ms. Tarannum Ansari, Adv.For Mr. P.S. Sudheer,Adv.Mr. Anil Nag,Adv.Mr. Gaurav Sharma,Adv.Ms. Amandeep Kaur, Adv.Mr. Prateek Bhatia, Adv.Mr. Prateek Mishra, Adv.Ms. Sushma Suri, Adv.Ms. A. Sumathi,Adv.Mr. Ashok K. Mahajan,Adv.Mr. K. Rajeev,Adv .Mr. Mohit Kumar Shah,Adv.M/s. Dua Associates,Advs.Ms. Bharati Tyagi,Adv. 27 Mr. Anil Kumar Sangal,Adv. UPON hearing counsel the Court made the following O R D E RW.P.(C)NO. 48 of 2012 List on 09.04.2015 along with SLP (C) 9102 of 2013, SLP (C)No. 9979 of 2013 and SLP (C) No. 10476 of 2013.W.P.(C) NO. 411 of 2011 The Writ Petition is dismissed as withdrawn in terms of thesigned order.W.P.(C) NO. 33 of 2014 De-tagged. List on 09.04.2015.W.P.(C) NO. 120 of 2014 The Writ Petition is dismissed as withdrawn in terms of thesigned order.SLP (C) 15507 of 2013
Application for impleadment is rejected. Leave granted. The Civil Appeal is disposed of in terms of the signedorder.Contempt Petition (C) 320 of 2013 in Civil Appeal No. 3734 of2015 (@ SLP (C) 15507 of 2013) In view of the order passed by us today in Civil Appealarising out of SLP (C) 15507 of 2013, no further orders need bepassed in the Contempt Petition and it is, accordingly, disposed 28 of. WRIT PETITION (C) NO.5 OF 2012 The Writ Petition is disposed of as withdrawn in terms of the signed order. Writ Petition (C) No. 208 of 2014 Taken on board. The order dated 26.03.2015 is modified in terms of the signed order. I.A.No. 3 in Writ Petition (C) No. 965 of 2014 The interlocutory application and the writ petition are disposed of in terms of the signed non-reportable Judgment. Writ Petition (C) No. 461 of 2012 The Writ Petition is disposed of in terms of the signed order. Writ Petition (C) No. 460 of 2012 The Writ Petition is disposed of in terms of the signed order. Writ Petition (C) No. 7 of 2013 The Writ Petition is disposed of in terms of the signed order. Writ Petition (C) No. 868 of 2013 The Writ Petition is disposed of in terms of the signed order.SPECIAL LEAVE PETITION (C) NO.30568 OF 2012 : 29
Substitution allowed. The learned counsel appearing for the petitioners hasfairly submitted that the respondent-Bank is a Multi-StateCooperative Bank. In the circumstances, the Special Leave Petition doesnot survive and it is disposed of accordingly. It would be open to the petitioners to take appropriateaction in accordance with law for challenging the validityof the impugned order. Interim relief, if any, granted earlier stands vacated.I.A.No.2 In S.L.P.(C) NO.35137 OF 2013 : Order dated 18th February, 2015 is hereby recalled inrespect of this special leave petition only. I.A.No.2 forrecall/modification stands disposed of accordingly. As a consequence of the afore-stated order, the orderdated 11th November, 2013 shall remain in force. List the matter tomorrow, i.e., 8th April, 2015, alongwith C.A.No.5674 of 2009 and batch.I.A.NO.2 IN WRIT PETITION (C) NO.79 OF 2015 : By an order dated 18th February, 2015, the ad-interimrelief granted earlier had been modified to the effect thatthe petitioner had to pay 25% of the amount payable as on 1 stJanuary, 2015 as calculated by the Respondent-Bank within sixweeks from 18th February, 2015 and further 25% of the amount 30within six weeks thereafter. On the afore-stated condition, the ad-interim relief hadbeen granted to the petitioner, whereby therespondent-Creditor Bank had been restrained from takingfurther coercive action under the provisions of the TheSecuritization and Reconstruction of Financial Assets andEnforcement of Security Interest Act, 2002 (SARFAESI ACT). It has been fairly submitted by the learned counsel
appearing for the respondents that through oversight thepetitioner was not informed about the amount which had becomedue and payable as on 1st January, 2015. It has been further submitted today that as on 1stJanuary, 2015, the petitioner was liable to pay a sum ofRs.4,58,65,756/- (Rupees Four Crores Fifty Eight lakhs SixtyFive thousand Seven Hundred Fifty Six only), includinginterest which was payable till 31st December, 2014. As the petitioner had not been informed about the amountwhich had been payable and as the intimation of the same hasbeen given today, the petitioner shall pay 25% of theafore-stated amount within six weeks from today and a further25% of the said amount within six weeks thereafter. On the aforesaid conditions, the ad-interim relief whichhad been granted earlier, shall continue and if the amount is 31not paid within the stipulated period, the ad-interim reliefshall stand vacated without further reference to this Court. The learned counsel appearing for the respondent-Bankshall also provide details of the calculation as to how theafore-stated amount has been arrived at. I.A.No.2 for directions stands disposed of. List the matter on 8th April, 2015, along withC.A.No.5674 of 2009 and batch.WP(C) Nos.233, 236 and 238 of 2013 : Substitution allowed. List the matters on 09.04.2015 at 10.30 AM (for whole day). (Jayant Kumar Arora) (Sneh Bala Mehra) Sr. P.A. Assistant Registrar(Record of Proceedings in SLP (C) 25126 of 2013 and Civil AppealNo. 2440 of 2011 are issued separately)(9 signed orders and 1 non-reportable Judgment are placed on thefile)
ITEM NO.801 COURT NO.12 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS I.A.No......../2015 In Petition(s) for Special Leave to Appeal (C) No(s). 32589/2014 (Arising out of impugned final judgment and order dated 26/09/2014 in CWP No.7151/2014 passed by the High Court of Himachal Pradesh at Shimla) M/S DEV MEMORIAL EDU. TRUST AND ANR Petitioner(s) VERSUS UNION OF INDA AND ORS Respondent(s) Date : 31/03/2015 This I.A. was mentioned today. CORAM : HON'BLE MR. JUSTICE KURIAN JOSEPH HON'BLE MR. JUSTICE AMITAVA ROY For Petitioner(s)/ Mr.K.Krishna Kumar, Adv. Applicant(s) Mr. Ajay Kumar Singh, Adv. For Respondent(s) Upon being mentioned the Court made the following O R D E R On a mention made by learned counsel for the applicant/petitioner, we direct that this I.A. be listed in the mentioning list of 01.04.2015 before an appropriate Bench. (SATISH KUMAR YADAV) (RENU DIWAN) COURT MASTER COURT MASTER
ITEM NO.9 COURT NO.2 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition(s)(Civil) No(s). 86/2015 RAJINI BRIAN CASTELLINO Petitioner(s) VERSUS CORPORATION BANK AND ORS. Respondent(s) (with appln. (s) for directions) Date : 01/04/2015 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE T.S. THAKUR HON'BLE MRS. JUSTICE R. BANUMATHI For Petitioner(s) Ms. E.R. Sumathy,Adv. Mr. Rabin Majumder,Adv. For Respondent(s) Mr. Arun Aggarwal,Adv. Mr. Anil Rai,Adv. UPON hearing the counsel the Court made the following O R D E R Heard. Learned counsel for the respondents prays for and is granted four weeks to file a counter affidavit. List along with Civil Appeal No.5674 of 2009 and connected matters. (MAHABIR SINGH) (VEENA KHERA) COURT MASTER COURT MASTER
¬ ITEM NO.9 COURT NO.2 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition(s)(Civil) No(s). 86/2015 RAJINI BRIAN CASTELLINO Petitioner(s) VERSUS CORPORATION BANK AND ORS. Respondent(s) (with appln. (s) for directions) Date : 01/04/2015 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE T.S. THAKUR HON'BLE MRS. JUSTICE R. BANUMATHI For Petitioner(s) Ms. E.R. Sumathy,Adv. Mr. Rabin Majumder,Adv. For Respondent(s) Mr. Arun Aggarwal,Adv. Mr. Anil Rai,Adv. UPON hearing the counsel the Court made the following O R D E R Heard. Learned counsel for the respondents prays for and is granted four weeks to file a counter affidavit. List along with Civil Appeal No.5674 of 2009 and connected matters. (MAHABIR SINGH) (VEENA KHERA) COURT MASTER COURT MASTERSignature Not VerifiedDigitally signed byMahabir SinghDate: 2015.04.0115:46:19 ISTReason:
\226 ITEM NO.801 COURT NO.12 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS I.A.No......../2015 In Petition(s) for Special Leave to Appeal (C) No(s). 32589/2014 (Arising out of impugned final judgment and order dated 26/09/2014 in CWP No.7151/2014 passed by the High Court of Himachal Pradesh at Shimla) M/S DEV MEMORIAL EDU. TRUST AND ANR Petitioner(s) VERSUS UNION OF INDA AND ORS Respondent(s) Date : 31/03/2015 This I.A. was mentioned today. CORAM : HON'BLE MR. JUSTICE KURIAN JOSEPH HON'BLE MR. JUSTICE AMITAVA ROY For Petitioner(s)/ Mr.K.Krishna Kumar, Adv. Applicant(s) Mr.Ajay Kumar Singh, Adv. For Respondent(s) Upon being mentioned the Court made the following O R D E R On a mention made by learned counsel for the applicant/petitioner, we direct that this I.A. be listed in the mentioning list of 01.04.2015 before an appropriate Bench. (SATISH KUMAR YADAV) (RENU DIWAN) COURT MASTER COURT MASTERSignature Not VerifiedDigitally signed bySatish Kumar YadavDate: 2015.04.0116:37:34 ISTReason:
ITEM NO.801 COURT NO.12 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS I.A.No......../2015 In Petition(s) for Special Leave to Appeal (C) No(s). 32589/2014 (Arising out of impugned final judgment and order dated 26/09/2014 in CWP No.7151/2014 passed by the High Court of Himachal Pradesh at Shimla) M/S DEV MEMORIAL EDU. TRUST AND ANR Petitioner(s) VERSUS UNION OF INDA AND ORS Respondent(s) Date : 31/03/2015 This I.A. was mentioned today. CORAM : HON'BLE MR. JUSTICE KURIAN JOSEPH HON'BLE MR. JUSTICE AMITAVA ROY For Petitioner(s)/ Mr.K.Krishna Kumar, Adv. Applicant(s) Mr. Ajay Kumar Singh, Adv. For Respondent(s) Upon being mentioned the Court made the following O R D E R On a mention made by learned counsel for the applicant/petitioner, we direct that this I.A. be listed in the mentioning list of 01.04.2015 before an appropriate Bench. (SATISH KUMAR YADAV) (RENU DIWAN) COURT MASTER COURT MASTER
\226 ITEM NO.801 COURT NO.12 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS I.A.No......../2015 In Petition(s) for Special Leave to Appeal (C) No(s). 32589/2014 (Arising out of impugned final judgment and order dated 26/09/2014 in CWP No.7151/2014 passed by the High Court of Himachal Pradesh at Shimla) M/S DEV MEMORIAL EDU. TRUST AND ANR Petitioner(s) VERSUS UNION OF INDA AND ORS Respondent(s) Date : 31/03/2015 This I.A. was mentioned today. CORAM : HON'BLE MR. JUSTICE KURIAN JOSEPH HON'BLE MR. JUSTICE AMITAVA ROY For Petitioner(s)/ Mr.K.Krishna Kumar, Adv. Applicant(s) Mr.Ajay Kumar Singh, Adv. For Respondent(s) Upon being mentioned the Court made the following O R D E R On a mention made by learned counsel for the applicant/petitioner, we direct that this I.A. be listed in the mentioning list of 01.04.2015 before an appropriate Bench. (SATISH KUMAR YADAV) (RENU DIWAN) COURT MASTER COURT MASTERSignature Not VerifiedDigitally signed bySatish Kumar YadavDate: 2015.04.0116:37:34 ISTReason:
1 IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (C) NO.208 OF 2014 RAMKRUSHNAJI SHANKARRAOJI UMATE ... PETITIONER(S) VS. UNION OF INDIA & ORS. ... RESPONDENT(S) O R D E R None appears for the respondent, though served. The petitioner is a member of one of the sugar factories, which had borrowed money from the respondent- Cooperative Bank. The sugar factory has already filed Dispute No.413/2013 on 24 th October, 2012 in Cooperative Court at Nagpur, which is pending. Looking at the facts of the case, the Cooperative Court is directed to dispose of the pending suit preferably within six months from the date of getting intimation of this order. We are sure that the learned advocates appearing before the Court shall extend their cooperation to the Court so that the suit can be disposed of as soon as possible.
2 The writ petition stands disposed of accordingly. Ad-interim relief granted earlier shall continue till the Dispute No.413/2013 is decided. The question of law is kept open. ..............J. [ANIL R. DAVE] ..............J. [KURIAN JOSEPH] New Delhi; 26 th March, 2015.
3 IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (C) NO. 779 OF 2014 KERALA STATE RUBBER CO-OPERATIVE LTD. Petitioner(s) VERSUS UNION OF INDIA & ANR. Respondent(s) O R D E R It has been submitted by the learned counsel for the parties that Special Application No. 409 of 2013 is pending before the Debts Recovery Tribunal at Ernakulam. We hope that the said application shall be decided by the Tribunal preferably within two months from the date of intimation of this order by the Tribunal. The Registry is directed to send an intimation of this order to the Tribunal forthwith. It would be open to the parties to raise all legal submissions before the DRT. With the above observations and directions, the Writ Petition is disposed of. Ad-interim relief, if any granted earlier, shall continue till the Tribunal decides the case. .......................J. [ANIL R. DAVE ] .......................J. [KURIAN JOSEPH] New Delhi; March 26, 2015.
4 IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (C) NO. 417 OF 2014 M/S ENKI GLASS INDUSTRY PVT. LTD. Petitioner(s) VERSUS UNION OF INDIA & ANR. Respondent(s) O R D E R The learned counsel for the petitioner seeks leave to withdraw this Writ Petition. Permission is granted. The Writ Petition is, accordingly, disposed of as withdrawn. Ad-interim relief granted earlier is vacated. .......................J. [ANIL R. DAVE ] .......................J. [KURIAN JOSEPH] New Delhi; March 26, 2015.
5 CORRECTED ITEM NO.101 COURT NO.3 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No(s). 5674/2009 PANDURANG GANPATI CHAUGULE Appellant(s) VERSUS VISHWASRAO PATIL MURGUD SAHAKARI BANK L. Respondent(s) WITH SLP(C) NO. 25929/2009 (S. IX) (INTERIM RELIEF AND OFFICE REPORT) , SLP(C) NO. 25930/2009 (S.IX) (DIRECTIONS AND INTERIM RELIEF AND OFFICE REPORT), C.A. NO. 2440/2011 (S. IX) (DIRECTIONS AND PERMISSION TO FILE ADDITIONAL DOCUMENTS AND STAY AND VACATING STAY AND OFFICE REPORT), W.P.(C) NO. 48/2012 (S. X) (AMENDMENT OF THE PETITION AND STAY AND OFFICE REPORT), W.P.(C) NO. 461/2012 (S. X) (DIRECTIONS AND STAY AND OFFICE REPORT), CONMT.PET.(C) NO. 320/2013 IN SLP(C) NO. 15507/2013 (S. IX), SLP(C) NO. 15507/2013 (S. IX) (WITH APPLN. (S) FOR DIRECTIONS AND EXEMPTION FROM FILING O.T. AND IMPLEADMENT AND INTERIM RELIEF AND PERMISSION TO FILE ADDITIONAL DOCUMENTS AND VACATING STAY AND OFFICE REPORT), W.P.(C) NO. 922/2013 (S.X) (DIRECTIONS AND PERMISSION TO FILE ADDITIONAL DOCUMENTS AND OFFICE REPORT), W.P.(C)NO. 1007/2013 (S. X) (STAY AND OFFICE REPORT), SLP(C) NO. 13100/2013 (S. IX) (MODIFICATION OF COURT'S ORDER AND VACATING INTERIM RELIEF AND INTERIM RELIEF AND OFFICE REPORT), W.P.(C) NO. 120/2014 (S. X) (IMPLEADMENT AND STAY AND VACATING INTERIM RELIEF AND OFFICE REPORT), W.P.(C) NO. 142/2014 (S. X) (EX-PARTE STAY AND OFFICE REPORT), W.P.(C) NO. 168/2014 (S.X) (STAY AND VACATING STAY AND OFFICE REPORT), W.P.(C) NO. 169/2014 (S. X) (STAY AND VACATING STAY AND OFFICE REPORT), W.P.(C) NO. 208/2014 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO. 417/2014 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO. 421/2014 (S. X) (STAY AND VACATING STAY AND OFFICE REPORT), W.P.(C) NO. 779/2014 (S. X) (EXEMPTION FROM FILING O.T. AND STAY AND VACATION OF EX-PARTE STAY AND OFFICE REPORT), W.P.(C) NO. 929/2014 (S.X) (INTERIM RELIEF AND OFFICE REPORT), W.P.(C) NO. 1020/2014 (S. X) (DIRECTIONS AND OFFICE REPORT), C.A. NO. 5675/2009 (S. IX) (INTERIM RELIEF AND OFFICE REPORT), C.A. NO. 5681/2009 (S. IX) (OFFICE REPORT), C.A. NO. 5682/2009 (S. IX) (INTERIM RELIEF AND OFFICE REPORT), C.A. NO. 5684/2009 (S. IX) (DIRECTIONS AND INTERIM RELIEF), W.P.(C) NO. 318/2010 (S. X) (STAY AND OFFICE REPORT), C.A. NO. 1468/2010 (S. IV) (EXEMPTION FROM FILING O.T. AND VACATING STAY), C.A.NO. 4391/2010 (S. XIA) (PERMISSION TO FILE COUNTER AFFIDAVIT AND OFFICE REPORT), C.A. NO.7410/2010 (S. IX),
6 SLP(C) NO. 24309/2010 (S. IX), SLP(C) NO. 29859/2010 (S. IX) (LEAVE TO PLACE ONRECORD THE SUBSEQUENT DEVELOPMENTS AND WITHDRAWAL AND INTERIM RELIEF AND OFFICE REPORT), W.P.(C) NO. 41/2011 (S. X) (STAY AND VACATING STAY AND OFFICE REPORT), W.P.(C) NO. 220/2011 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO. 293/2011 (S. X) (DIRECTIONS AND STAY AND OFFICE REPORT), W.P.(C) NO. 306/2011 (S. X) (DIRECTIONS AND STAY AND OFFICE REPORT), W.P.(C) NO. 308/2011 (S. X) (DIRECTIONS AND STAY AND OFFICE REPORT), W.P. (C) NO.338/2011 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO. 375/2011 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO. 411/2011 (S. X) (STAY AND OFFICE REPORT), SLP(C) NO. 7295-7298/2011 (S.IVA) (OFFICE REPORT), SLP(C) NO. 22304-22305/2011 (S. IX) (EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT AND OFFICE REPORT), SLP(C) NO. 24479-24480/2011 (S. IX) (INTERIM RELIEF AND OFFICE REPORT), W.P.(C) NO. 5/2012 (S. X) (DIRECTIONS AND STAY AND OFFICE REPORT), W.P.(C) NO. 97/2012 (S. X) (DIRECTIONS AND STAY AND OFFICE REPORT), W.P.(C) NO. 103/2012 (S.X) (DIRECTIONS AND STAY AND OFFICE REPORT), W.P.(C) NO. 122/2012 (S. X) (STAY AND VACATING STAY AND OFFICE REPORT), W.P.(C) NO. 199/2012 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO.250/2012 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO. 291/2012 (S. X) (WITH OFFICE REPORT), W.P.(C) NO. 386/2012 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO. 460/2012 (S. X) (DIRECTIONS AND STAY AND OFFICE REPORT), W.P.(C) NO. 487/2012 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO.537/2012 (S. X) (PERMISSION TO FILE ADDITIONAL DOCUMENTS AND STAY AND OFFICE REPORT), W.P.(C) NO. 554/2012 (S. X) (DIRECTIONS AND STAY AND OFFICE REPORT), SLP(C) NO. 24276/2012 (S.IVA) (INTERIM RELIEF AND OFFICE REPORT), SLP(C) NO. 30568/2012 (S. IX) (INTERIM RELIEF AND OFFICE REPORT), W.P.(C) NO. 7/2013 (S. X) (DIRECTIONS AND STAY AND OFFICE REPORT), W.P.(C) NO. 36/2013 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO. 111/2013 (S. X) (DIRECTIONS AND STAY AND OFFICE REPORT), W.P.(C) NO. 112/2013 (S. X) (DIRECTIONS AND STAY AND OFFICE REPORT), W.P.(C) NO. 138/2013 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO. 146/2013 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO. 151/2013 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO. 175/2013 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO. 179/2013 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO. 181/2013 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO. 191/2013 (S. X) (DIRECTIONS AND STAY AND VACATION OF EX-PARTE STAY AND OFFICE REPORT), W.P.(C) NO. 192/2013 (S. X) (DIRECTIONS AND STAY AND OFFICE REPORT), W.P.(C) NO. 201/2013 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO. 233/2013 (S.X) (STAY AND SUBSTITUTION OF RESPONDENT AND OFFICE REPORT), W.P.(C) NO. 236/2013 (S. X) (STAY AND SUBSTITUTION OF RESPONDENT AND OFFICE REPORT), W.P.(C) NO. 238/2013 (S. X) (STAY AND SUBSTITUTION OF RESPONDENT AND OFFICE REPORT), W.P.(C) NO. 248/2013 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO. 250/2013 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO. 253/2013 (S. X) (STAY AND VACATING STAY AND OFFICE REPORT), W.P.(C) NO. 264/2013 (S. X) (IMPLEADMENT AND STAY AND OFFICE REPORT), W.P.(C) NO. 265/2013 (S. X) (DIRECTIONS AND STAY AND OFFICE REPORT), W.P.(C) NO. 266/2013 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO. 270/2013 (S. X)
7 (DIRECTIONS AND STAY AND OFFICE REPORT), W.P.(C) NO. 271/2013 (S. X) (DIRECTIONS AND STAY AND OFFICE REPORT), W.P.(C) NO. 279/2013 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO. 280/2013 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO. 284/2013 (S. X) (IMPLEADMENT AND STAY AND OFFICE REPORT), W.P.(C) NO. 353/2013 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO. 452/2013 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO. 469/2013 (S. X) (OFFICE REPORT), W.P.(C) NO. 588/2013 (S. X) (IMPLEADMENT AND IMPLEADMENT AS PARTY RESPONDENT AND STAY AND OFFICE REPORT), W.P.(C) NO. 753/2013 (S.X) (STAY AND OFFICE REPORT), W.P.(C) NO. 758/2013 (S. X) (STAY AND OFFICE REPORT), W.P.(C)NO. 761/2013 (S. X) (STAY AND OFFICE REPORT), W.P. (C) NO. 762/2013 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO. 800/2013 (S. X) (DIRECTIONS AND OFFICE REPORT), W.P.(C) NO. 819/2013 (S.X) (STAY AND OFFICE REPORT), W.P.(C) NO. 868/2013 (S. X) (DIRECTIONS AND INTERIM DIRECTIONS AND VACATING STAY), W.P.(C) NO. 877/2013 (S. X) (DIRECTIONS AND OFFICE REPORT), W.P.(C) NO. 1037/2013 (S. X) (DIRECTIONS AND STAY AND OFFICE REPORT), W.P.(C) NO. 1043/2013 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO. 1044/2013 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO.1045/2013 (S. X) (STAY AND OFFICE REPORT), SLP(C) NO. 12916/2013 (S. XIA) (INTERIM RELIEF AND OFFICE REPORT), SLP(C) NO. 15634-15635/2013 (S. IVA) (C/DELAY IN FILING SLP AND OFFICE REPORT), SLP(C) NO. 17054/2013 (S. IX) (INTERIM RELIEF AND OFFICE REPORT), SLP(C) NO. 18775/2013 (S.IX) (INTERIM RELIEF AND OFFICE REPORT), SLP(C) NO. 18777/2013 (S. IX) (INTERIM RELIEF AND OFFICE REPORT), SLP(C) NO. 25126/2013 (S. IX) (INTERIM RELIEF), SLP(C) NO. 29720/2013 (S. IX) (OFFICE REPORT), SLP(C) NO. 29721/2013 (S. IX) (OFFICE REPORT), SLP(C) NO. 35137/2013 (S. IX) (INTERIM RELIEF AND OFFICE REPORT), W.P.(C) NO. 5/2014 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO.10/2014 (S. X) (STAY AND OFFICE REPORT) , W.P.(C) NO. 33/2014 (S. X) (IMPLEADMENT AND STAY AND OFFICE REPORT), W.P.(C) NO. 352/2014 (S. X) (DIRECTIONS AND STAY AND OFFICE REPORT), W.P.(C) NO. 408/2014 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO. 420/2014 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO. 492/2014 (S. X) (EXEMPTION FROM FILING O.T. AND STAY AND OFFICE REPORT), W.P.(C) NO. 712/2014 (S. X) (STAY AND VACATING STAY AND OFFICE REPORT), W.P.(C) NO. 714/2014 (S.X) (STAY AND VACATING STAY), W.P.(C) NO. 754/2014 (S. X) (EXEMPTION FROM FILING O.T. AND STAY AND OFFICE REPORT), W.P.(C) NO. 756/2014 (S. X) (DIRECTIONS AND STAY AND OFFICE REPORT), S.L.P.(C)... /2014 CC NO. 7586 (S. IVA) (C/DELAY IN FILING SLP AND OFFICE REPORT), W.P.(C) NO. 795/2014 (S. X) (STAY AND OFFICE REPORT), W.P.(C) NO. 849/2014 (S. X) (EX-PARTE STAY AND VACATING INTERIM ORDER AND OFFICE REPORT), W.P.(C) NO. 838/2014 (S. X) (STAY AND VACATING INTERIM ORDER AND OFFICE REPORT), W.P.(C) NO. 827/2014 (S. X) (EX-PARTE STAY AND OFFICE REPORT), SLP(C) NO. 32589/2014 (S. XIV) (EXEMPTION FROM FILING O.T.), W.P.(C) NO. 26/2015 (S. X) (STAY AND OFFICE REPORT), W.P. (C) NO. 79/2015 (S. X) (OFFICE REPORT), W.P.(C) NO. 131/2015 (S. X) (STAY AND OFFICE REPORT) Date : 26/03/2015 These matters were called on for hearing today.
8 CORAM : HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE KURIAN JOSEPH For Appellant(s) Mr. Santosh,Adv. Mr. M. Khairati,Adv. For Mr. Gaurav Agrawal,Adv. Mr. Nikhil Nayyar,Adv. Mr. Dhananjay Baijal, Adv. Ms. Akanksha, Adv. Mr. N. Sai Vinod, Adv. Mr. Satyajit A. Desai, Adv. Mr. Akash Kakade,Adv. For Ms. Anagha Desai,Adv. Mr. Nishad L.S., Adv. Ms. Priya Hingorani, Adv. Mr. Chandra Bhushan, Adv. Mr. Manoj K. Mishra, Adv. Mr. Bheem Pratap Singh, Adv. Mr. Sandeep Kumar Dwivedi, Adv. Mr. S. R. Singh, Sr. Adv. Mr. D. N. Dubey, Adv. Mr. Ujjawal Pandey,Adv. Ms. Vandita Rai,Adv. For Asha Gopalan Nair,Adv. Mr. Dhruv Mehta, Sr. Adv. Mr. Devansh A. Mohta,Adv. Mr. Rajat Sehgal, Adv. Ms. Anushri Menon, Adv. Mr. Shishir Deshpande,Adv. Mr. Amit Yadav,Adv. For Ms. Sujata Kurdukar,Adv. Mr. S. Wasim A. Qadri, Adv. Mr. J. A. Khan, Adv. Mr. Zaid Ali, Adv. Mr. T. Qadri, Adv. Mr. Sunil Kumar Verma,Adv. Ms. Chandan Ramamurthi,Adv.(Not present) Mr. Ajit K. Sinha, Sr. Adv.
9 Mr. R. Sudhinder,Adv. Mr. Dattatray Vyas, Adv. Ms. Prerna Amitabh, Adv. Mr. Abhishek Prasad,Adv. Mr. Ashok Mathur,Adv. Mr. T. N. Singh, Adv. Mr. Randhir Kumar, Adv. Mr. Tarkeshwar Nath,Adv. For Mr. R.P. Goyal,Adv. Mr. Saurabh Devkaran Singh,Adv. For Mr. Jayant K. Mehta,Adv. Ms. Madhavi Khare, Adv. Mr. K.L. Taneja,Adv. Ms. Purti M.,Adv. For Mr. A. Venayagam Balan,Adv. Mr. Manohar Lal Sharma, Adv. Ms. Suman, Adv. Mr. Pradhuman Gohil,Adv. Mr. Vikash Singh,Adv. Ms. Taruna Singh,Adv. Mr. Jaikriti S. Jadeja,Adv. Ms. Charu Mathur,Adv. Ms. Prabuddha Sharma, Adv. Mr. Chirag M. Shroff,Adv. Mr. Jitendra Ranawat,Adv. Ms. Mahima Shroff,Adv. Ms. Swati Vaibhav,Adv. Mr. Vikash Sinha,Adv. Mr. Satpal Singh,Adv. Mr. A.S. Chobe,Adv. Mr. P.K. Singh,Adv. Mr. Vijay Kumar,Adv. Mr. Rabin Majumder,Adv. Mr. S. Sadasiva Reddy,Adv. For Ms. S. Usha Reddy,Adv. Mr. K. V. Vishwanathan, Sr. Adv. Mr. P.K. Manohar,Adv. Mr. Jayanth Muth Raj,Adv.
10 Ms. Malavika J.,Adv. Mr. Sureshan P.,Adv. Mr. Vishwajit Singh,Adv.(Not present) Mr. H. Chandra Sekhar,Adv. Mr. Santhosh Krishnan,Adv. Mr. Marsook Bafaki, Adv. For Mr. Nikhil Goel,Adv. Mr. Jatin Zaveri,Adv. Mr. Neel Kamal Mishra,Adv. Mr. Ranjan Sabharwal,Adv. Mr. Raghav Sabharwal,Adv. For Mr. Bankey Bihari Sharma,Adv. Ms. Ankita Jain,Adv. Ms. Amrita Mishra,Adv. Mr. Ravi Mishra,Adv. For Mr. Jay Savla,Adv. Mr. Lakshmi Raman Singh,Adv.(Not present) Mr. Sarad Kumar Singhania,Adv. Mr. Santosh Paul,Adv. Mr. Arvind Gupta,Adv. Mr. Krishna Kumar, Adv. Mr. Harish Pandey,Adv. Mr. Sheen,Adv. Mr. Shubham Agarwal,Adv. Mr. N.D.B. Raju,Adv. For Mr. N. Ganpathy,Adv. Mr. S. Ravi Shankar,Adv. Ms. Sangeeta Singh, Adv. Mr. Amar Dave, Adv. Mr. Rishi Maheshwari,Adv. For Mr. P.S. Sudheer,Adv. Mr. Amol Chitale,Adv. Ms. Pragya Baghel,Adv. Ms. Jaya Khanna,Adv. Dr. A. M. Singhvi, Sr. Adv. Ms. Neela Gokhale,Adv. Ms. Kamakshi S. Mehlwal,Adv.
11 Mr. M. Khairati,Adv. For Mr. Irshad Ahmad,Adv. Mr. Santosh Paul,Adv. Mr. Arvind Gupta,Adv. Mr. Harish Pandey, Adv. Mr. Shubham Aggarwal, Adv. For Mr. M.J. Paul,Adv. Mr. Mathew J. Nedupara, Adv. Mr. Joydeep Mukherjee,Adv. Mr. Rabin Majumder,Adv. Mr. Garvesh Kabra,Adv. Ms. Pooja Kabra,Adv. Mr. Anirudh Sanganeria,Adv. Mr. Mukul Kumar,Adv. Mr. V.K. Biju, Adv. Mr. D. P. Singh, Adv. Ms. Sonam Gupta,Adv. Mr. Salil Bhattacharya,Adv. Mr. Raj Kiran Vats,Adv. Mr. R.P. Vyas, Adv. Ms. Kanika Khurana, Adv. For Mr. Sanjay Jain,Adv. Mr. Ankur S. Kulkarni,Adv. Mr. M. Gireesh Kumar,Adv. For Mr. S.K. Kulkarni,Adv. Mr. Ankur Saigal, Adv. Mr. Mahesh Agarwal, Adv. Mr. Rishi Agrawala, Adv. Mr. E.C. Agrawala, Adv. Mr. Jiten Mehra, Adv. Mr. Vikrant Pachnanda, Adv. Mr. Vipin Nair,Adv. Mr. P.B. Suresh,Adv. Mr. Vishnu Shankar Jain,Adv. Mr. Udayaditya Banerjee,Adv. For M/s. Temple Law Firm,Advs. Ms. Garima Prashad,Adv. Mr. S. S. Ray, Adv. Mr. Vaibhav Gulia,Adv.
12 Mr. Rishi, Adv. For Ms. Rakhi Ray,Adv. Mr. Rajiv Kumar, Adv. Ms. Kusum Chaudhary, Adv. Mr. Atul Babasaheb Dakh,Adv. Ms. Rashmi Singh,Adv. Mr. V.K. Biju,Adv. Mr. Santosh Krishnan,Adv. Mr. Vineet Bhagat,Adv. Mr. Udayan Jain,Adv. Mr. Ajay Kumar Singh,Adv. Mr. Vishal Balecha, Adv. For Respondent(s) Mr. Shekhar Naphade,Sr.Adv. Mr. Krishan Kumar, Adv. Mr. Abha N., Adv. Mr. Chinmoy Khaladkar, Adv. Mr. Preshit Surshe, Adv. Mr. Vinay Navare,Adv. Mr. Satyajeet Kumar,Adv. Mr. Keshav Ranjan,Adv. Ms. Gwen K.B.,Adv. For Ms. Abha R. Sharma,Adv. Mr. Shyam Divan, Sr. Adv. Mr. Sanjay Kharde,Adv. For Mr. Amol Nirmalkumar Suryawanshi,Adv. Mr. Shekhar Naphade,Sr.Adv. Mr. Krishan Kumar,Adv. Mr. Siddhesh Kotwal, Adv. Mr. Annirudh Sharma, Adv. For Mr. Nirnimesh Dube, Adv. Mr. Jaideep Gupta, Sr. Adv. Mr. Kuldeep S. Parihar,Adv. For Mr. H.S. Parihar,Adv. Mr. M.Y. Deshmukh,Adv. For Mr. R.P. Goyal,Adv. Mr. Debmalya Banerjee, Adv. Ms. Jasmeet Singh, Adv.
13 Mrs. Manik Karanjawala, Adv. Ms. J. Saran, Adv. Mr. Uday B. Dube,Adv. Mr. Shankar Chillarge,Adv. For Mr. A.P. Mayee,Adv. Ms. Vibha Datta Makhija,Sr.Adv. Ms. Rashmi Singhania,Adv. Mr. Praveen Chaturvedi,Adv. Mr. Pratap Venugopal, Adv. Ms. Supriya Jain, Adv. M/s. K.J. John & Co. Mr. Anurag Singh, Adv. Mr. Niraj Sharma,Adv. Mr. M.T. George,Adv. Ms. Sunita Sharma,Adv. Ms. Sushma Suri,Adv. Mr. Shreekant N. Terdal,Adv. Ms. Praveena Gautam,Adv. Mr. Deepak Tyagi,Adv. Ms. Pusshp Gupta,Adv. Mr. K. K. Gautam, Adv. Mr. P.I. Jose,Adv. Mr. Alok K. Prasad,Adv. Mr. Vishwanath Bahuguna,Adv. Mr. Shivaji M. Jadhav,Adv. Ms. Divya Sharma, Adv. For M/s. S.M. Jadhav & Co.,Advs. Mr. R. Basant,Sr.Adv. Mr. C.K. Sasi,Adv. Mr. Karthik Ashok,Adv. Mr. Yash Pal Dhingra,Adv. Mr. Tapesh Kumar Singh,Adv. Ms. Rajani K. Prasad,Adv. For Ms. Annapoorani,Adv. Mr. Yadunandan Bansal,Adv. For Mr. Abhijat P. Medh,Adv.
14 Mr. Anil Kumar Mishra,Adv. Mr. Shekhar Naphade,Sr.Adv. Mr. Chinmoy Khaladkar,Adv. Ms. Neha Sharma, Adv. Mr. Deeptakirti Verma, Adv. Mr. Preshit Surshe,Adv. Mr. Arjun Krishnan,Adv. Mr. Viraj Kadam, Adv. Mr. D.M. Nargolkar,Adv. Mr. Piyush Sharma,Adv. Mr. D. Bharat Kumar,Adv. Mr. Sayooj Mohandas M.,Adv. For Mr. Abhijit Sengupta,Adv. Mr. Vatsal Shah,Adv. Mr. S. Aravindh,Adv. Mr. Vimal Pani, Adv. For Mr. Senthil Jagadeesan,Adv. Mr. B. Subrahmanya Prasad,Adv. Mr. Suresh Dutt Dobhal,Adv. Mr. Subramonium Prasad,Adv. Mr. V.N. Raghupathy,Adv. Mr. Rajeev K. Pandey,Adv. For Mr. Rajeev Maheshwaranand Roy,Adv. Mr. Pravin Satale,Adv. For Mr. Rajiv Shankar Dwivedi,Adv. Mr. Ravindra Keshavrao Adsure,Adv.(Not present) Ms. Hemantika Wahi,Adv. Mr. S.N. Bhat,Adv. Ms. Anuradha Mutatkar,Adv. Mr. Sudhanshu S. Choudhari,Adv. Mr. Avijit Saxena,Adv. For M/s. Karanjawala & Co.,Advs. Mr. M.P. Vinod,Adv. Ms. Neelam S.,Adv.
15 Mr. Dileep Pillai,Adv. Ms. Usha V. Nandini, Adv. Mr. Atul,Adv. Mr. Rajesh Mahale,Adv. Mr. Parvesh Thakur,Adv. Ms. Gargi Khanna,Adv. Ms. Anil Katiyar,Adv. Mr. Manish Pitale,Adv. Mr. Wasi Haider,Adv. For C.S. Ashri,Adv. Mr. Chinmoy Khaladkar,Adv. Ms. Neha Sharma,Adv. For Mr. Deeptakirti Verma,Adv. Mr. Tushar Mehta, ASG Mr. B. B. Sawhney, Sr. Adv. Mr. R.K. Verma,Adv. Ms. Sunita Sharma, Adv. Mr. T.N. Razdan,Adv. For Ms. Sushma Suri, Adv. Mr. Sonal Jain,Adv. Mr. Rajiv M. Brahma,Adv. Mr. Sachin Patil,Adv. For Mr. Shriram P. Pingle,Adv. Mr. Lalit Bhasin,Adv. Ms. Nina Gupta,Adv. Mr. Mudit Sharma,Adv. Mr. Parvez A. Khan,Adv. For Mr. P.V. Yogeswarn,Adv. Mr. Rishi Maheshwari,Adv. Ms. Anne Mathew,Adv. Mr. Raj Kumar Kaushik,Adv. For Mr. P.S. Sudheer,Adv. Mr. Anil Nag,Adv. Mr. Gaurav Sharma,Adv. Ms. Amandeep Kaur, Adv. Mr. Prateek Bhatia, Adv. Ms. Sushma Suri, Adv. Ms. A. Sumathi,Adv.
16 Mr. Ashok K. Mahajan,Adv. Mr. K. Rajeev,Adv . Mr. Mohit Kumar Shah,Adv. M/s. Dua Associates,Advs. Ms. Bharati Tyagi,Adv. Mr. Anil Kumar Sangal,Adv. UPON hearing counsel the Court made the following O R D E R I.A.No. 1 in SLP(C) NO. 25930 of 2009 Ad-interim relief, as prayed for in terms of Prayer (A) is granted. If the 50% of the amount of Rs. 3,91,52,429/- is not paid within six weeks from today, it would be open to the applicant (original respondent-Bank) to take appropriate action in accordance with law. Ad-interim relief granted earlier stands modified accordingly. I.A.No. 1 is, accordingly, disposed of. This arrangement is subject to the final disposal of the Arbitration proceedings wherein the liability of the petitioner is to be determined with regard to the property, being 51A, Plot No. C-51, Mehrina Co-operative Housing Society Ltd., 5 th Floor, Nepeansea Road, Bombay, which is the subject matter of this petition against the secured assets. List the main petition on 07.04.2015. SLP(C) NO. 25929 of 2009 This petition has been filed by a person who is neither a
17 borrower nor an owner of the property. However, it has been submitted by the learned counsel appearing for the petitioner that the petitioner is having interest in the property as it was a necessary party and, therefore, the petitioner would like to establish her title. In these circumstances, status quo shall be maintained by the parties for a period of one month from today. It would be open to the petitioner to take appropriate action in accordance with law. The Special Leave Petition is, accordingly, dismissed. It is made clear that we have not expressed any opinion on the merits with regard to the ownership of the petitioner or interest of the petitioner in the property in question. I.A. No. 3 in W.P. (C) 461 of 2012 The learned counsel for the applicant seeks permission to withdraw this application. Permission is granted. I.A.No. 3 is, accordingly, dismissed as withdrawn. I.A. No. 3 in W.P. (C) 460 of 2012 The learned counsel for the applicant seeks permission to withdraw this application. Permission is granted. I.A.No. 3 is, accordingly, dismissed as withdrawn. I.A. No. 3 in W.P. (C) 7 of 2013 The learned counsel for the applicant seeks permission to withdraw this application.
18 Permission is granted. I.A.No. 3 is, accordingly, dismissed as withdrawn. I.A.No. 1 in W.P.(C) NO. 922 of 2013 T he ad-interim relief granted earlier is modified to the effect that the petitioner shall pay 25% of the amount payable as on 01.01.2015 as calculated by the respondent-Bank within six weeks from today and further 25% of the amount within six weeks thereafter. If the amount is not paid, as directed hereinabove, the interim relief granted in favour of the petitioners shall stand vacated. I.A.No. 1 is, accordingly, disposed of. I.A.No. 2 in W.P.(C) NO. 922 of 2013 As prayed for in the application, additional documents are permitted to be placed on record. I.A.No. 2 is, accordingly, allowed. The original petitioner shall take instruction in pursuance of the additional documents within two weeks from today. Post after two weeks. W.P.(C)NO. 1007/2013 The learned counsel for the petitioner is absent. T he ad-interim relief granted earlier is modified to the effect that the petitioner shall pay 25% of the amount payable as on 01.01.2015 as calculated by the respondent-Bank within six weeks from today and further 25% of the amount within six weeks
19 thereafter. If the amount is not paid, as directed hereinabove, the interim relief granted in favour of the petitioners shall stand vacated. I.A.No. 1 is, accordingly, disposed of. W.P.(C) NO. 142/2014 T he ad-interim relief granted earlier is modified to the effect that the petitioner shall pay 25% of the amount payable as on 01.01.2015 as calculated by the respondent-Bank within six weeks from today and further 25% of the amount within six weeks thereafter. If the amount is not paid, as directed hereinabove, the interim relief granted in favour of the petitioners shall stand vacated. I.A.No. 1 is, accordingly, disposed of. The petitioner has submitted that during the pendency of this petition, the arbitration proceedings have come to an end and a sum of Rs. 66 Lakhs has been awarded by the Arbitrator vide award dated 01.10.2014. The amount of award along with the interest and costs thereon shall be paid within six weeks. If the said amount is not paid, interim relief granted shall stand vacated. W.P.(C) NO. 168/2014 T he ad-interim relief granted earlier is modified to the effect that the petitioner shall pay 25% of the amount payable
20 as on 01.01.2015 as calculated by the respondent-Bank within six weeks from today and further 25% of the amount within six weeks thereafter. If the amount is not paid, as directed hereinabove, the interim relief granted in favour of the petitioners shall stand vacated. I.A.No. 1 is, accordingly, disposed of. The Registry is directed to send an intimation of this order to the respondent-Bank. W.P.(C) NO. 169/2014 T he ad-interim relief granted earlier is modified to the effect that the petitioner shall pay 25% of the amount payable as on 01.01.2015 as calculated by the respondent-Bank within six weeks from today and further 25% of the amount within six weeks thereafter. If the amount is not paid, as directed hereinabove, the interim relief granted in favour of the petitioners shall stand vacated. I.A.No. 1 is, accordingly, disposed of. The Registry is directed to send an intimation of this order to the respondent-Bank. W.P.(C) NO. 417/2014 The Writ Petition is disposed of as withdrawn in terms of the signed order. W.P.(C) NO. 421/2014
21 T he ad-interim relief granted earlier is modified to the effect that the petitioner shall pay 25% of the amount payable as on 01.01.2015 as calculated by the respondent-Bank within six weeks from today and further 25% of the amount within six weeks thereafter. If the amount is not paid, as directed hereinabove, the interim relief granted in favour of the petitioners shall stand vacated. I.A.No. 1 is, accordingly, disposed of. It is clarified that if any amount has been paid by the petitioner after 01.01.2015, the said amount shall be treated to have been paid in pursuance of this order. W.P.(C) NO. 779/2014 The Writ Petition is disposed of in terms of the signed order. I.A.No. 3 in W.P. (C) No. 965 of 2014 Taken on board. Issue notice, returnable on 07.04.2015. The period for paying the first installment is extended upto 07.04.2015. The interlocutory application will be heard along with the main matter on 07.04.2015. Dasti, in addition, is permitted. I.A.No. 3 in W.P.(C) NO. 120/2014 This application has been filed for impleadment of
22 Mr.Rafiq Dasthgiri Momin. It has been submitted by the learned counsel for the applicant that the applicant be impleaded in the petition for the reason that during the pendency of this petition, the property in question had been auctioned and the applicant has already purchased the property. It has been further submitted by the learned counsel for the applicant that the petition has become infructuous as the property has already been sold and the sale has also been confirmed. Mr. Vijay Kumar, learned counsel, wants to confirm the said fact and, therefore, prays for some time. List the matter on 07.04.2015. C.A. NO. 2440/2011 List on 07.04.2015. The learned counsel for the respondent – Maharashtra State Cooperative Bank has submitted that the petitioner has not paid any amount to the respondent Bank whereas the learned counsel for the petitioner has submitted that more than Rs. 30 crores have been paid by the petitioner to the aforesaid bank in the calender year 2015. The parties shall confirm the said fact. I.A.No. 4 in C.A.No. 2440 of 2011 It has been submitted by the learned counsel for Respondent No. 4 – Maharashtra State Cooperative Bank that a notice under Section 13(2) of the Act had been issued on 30.12.2011 whereby a sum of more than Rs. 105 crores had been
23 demanded, but nothing has been paid to the said creditor so far. The said fact has been disputed by the learned counsel for the petitioner. The petitioner to state the details with regard to the amount paid in pursuance of the aforesaid notice. List on 07.04.2015. I.A.No. 3 in SLP(C) NO. 29859/2010 As requested, Counter Affidavit be filed within three weeks. Rejoinder Affidavit, if any, be filed within three weeks thereafter. List on 13.07.2015 at 02.00 PM on a condition that within four weeks from today, Rs. 30 lakhs be paid by the petitioner to Annanya Cooperative Bank – Respondent No. 2. No further coercive action shall be taken against the petitioner for recovery of the amount in question. Ad-interim relief granted earlier stands modified accordingly. I.A. No. 4 in W.P.(C) NO. 33/2014 Issue notice, returnable on 07.4.2015. Mr. Vinay Navare, learned counsel, accepts notice. SLP(C) NO. 15507/2013 This petition shall be heard on 07.04.2015. C.A. NO. 5684/2009 List on 07.04.2015 for directions.
24 W.P.(C)No.929/2014 De-tagged and shall not be treated as Part-heard. The Respondent-Bank shall file reply within two weeks from today. List the matter on 1 st May, 2015 at 02.00 PM. No coercive action shall be taken till 1 st May, 2015. W.P.(C)No.48/2012 The learned counsel for the petitioner has submitted that the petitioner would pay Rs.50 lakhs (Rupees fifty lakhs) within four weeks from today, without prejudice to the rights of the petitioner and shall take instruction so as to see whether the matter can be settled out of the Court. List the matter on 7 th April, 2015. W.P.(C)No.5/2012 It has been submitted by the learned counsel for the respondent-Bank that the respondent-bank is a Multi-State Cooperative Bank and therefore, it requires a different treatment. An affidavit to this effect shall be filed within one week from today. List the matter on 7 th April, 2015. SLP(C)No.13100/2013 Ms. Sonam Gupta, learned counsel, appearing for Mr. Sanjay Jain, learned Advocate-on-Record, seeks permission to withdraw this petition, so as to approach the High Court by filing a
25 suitable petition. Permission is granted. The Special Leave Petition is disposed of as withdrawn. Status quo, as on today, shall be maintained for a period of two weeks from today. The question of law is kept open. SLP (C) 29859 of 2010 List on 13.07.2015 at 02.00 PM W.P.(C) 929 of 2014 List on 01.05.2015 at 02.00 PM. Rest of the matters be listed on 07.04.2015 at 10.30 AM (for whole day). (Jayant Kumar Arora) Sr. P.A. (Sneh Bala Mehra) Assistant Registrar
ITEM NO.601 COURT NO.3 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition (C) No(s).131/2015 JAYANTI VARAD ULLAL Petitioner(s) VERSUS BHARAT CO OPERATIVE BANK (MUMBAI) LTD. AND ANR Respondent(s) (With appln.(s) for ex-parte stay) Date : 20/03/2015 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE AMITAVA ROY For Petitioner(s) Mr. Yadav Narender Singh,Adv. Mr. Abhishek Yadav,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Issue notice. Dasti service, in addition, is permitted. Tag with Civil Appeal No.5674 of 2009. Status quo shall be maintained, so far as Flat No.303, Status Apartment, Yari Road, Versova, Andhery (West), Mumbai-400061, is concerned. No further coercive steps shall be taken against the petitioner, provided the petitioner pays 25% of the amount payable as on 01.01.2015, as calculated by the respondent-Bank, within six weeks from today and further 25% of the amount within six weeks thereafter. 1
If the amount is not paid, as directed hereinabove, this order with regard to interim relief, shall stand vacated. The petitioner has also submitted that the property already put to an auction may be sold by the respondent-Bank and if any amount is realised from sale of other property, the same shall be adjusted towards the dues which are to be paid by the petitioner as per this order. (Sarita Purohit) (Sneh Bala Mehra) Court Master Assistant Registrar 2
1 ITEM NO.22 COURT NO.3 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 7694/2015 (Arising out of impugned final judgment and order dated 28/01/2015 in LPA No. 13/2015 passed by the High Court Of Gujarat At Ahmedabad) RAJKOT NAGRIK SAHAKARI BANK LTD Petitioner(s) VERSUS MUKTABEN JAYSUKHLAL PATIRA & ANR. Respondent(s) (with appln. (s) for exemption from filing c/c of the impugned judgment and interim relief and office report) Date : 20/03/2015 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE AMITAVA ROY For Petitioner(s) Mr. Subramonium Prasad, Adv. Mr. Rajiv Dalal, Adv. Mr. Janak Shah, Adv. Ms. Meha Aggarwal, Adv. For Respondent(s) Mr. Anup Jain, Adv. Mr. Abhishek Baid, Adv. UPON hearing counsel the Court made the following O R D E R Issue notice. Mr. Anup Jain, learned counsel, accepts notice for Respondent No. 1. Tag with SLP (C).....CC 10243 of 2013. In the meantime, the property in question shall not be disposed of.
2 On an oral request made by the learned counsel for the petitioner, Respondent No. 2, who is a proforma party, be deleted from the array of parties at the risk of the petitioner. (Jayant Kumar Arora) Sr. P.A. (Sneh Bala Mehra) Assistant Registrar
LISTED ON : 20.03.2015 BEFORE COURT NO.: 3 ITEM NO.: 22 SECTIONIX IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION PETITION FOR SPECIAL LEAVE TO APPEAL (CIVIL) NO. 7694 OF 2015 WITH PRAYER FOR INTERIM RELIEF WITH INTERLOCUTORY APPLICATION NO. 1 (Application for exemption form filing certified copy of impugned Order) RAJKOT NAGRIK SAHAKARI BANK LTD. ...PETITIONER VERSUS SMT. MUKTABEN JAYSUKHLAL PATIRA & ANR. ...RESPONDENTS OFFICE REPORT It is submitted for the information of the Hon'ble Court that Special Leave Petition (C) No. 18775 of 2013 @ CC 10243 of 2013 arising out of similar issue is an "After Notice" matter and pending before the Hon'ble Court. (Copy of the Order dated 10.05.2013 is included as annexure P2 at Page Nos. 110111) The matter above mentioned is listed before the Hon'ble Court with this report. Dated this the 18 th day of March, 2015. ASSISTANT REGISTRAR Copy to: 1. Mr. Subramonium Prasad, Advocate 2. Mr. Anup Jain, Advocate ASSISTANT REGISTRAR a
¸ 1 ITEM NO.22 COURT NO.3 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 7694/2015 (Arising out of impugned final judgment and order dated 28/01/2015 in LPA No. 13/2015 passed by the High Court Of Gujarat At Ahmedabad) RAJKOT NAGRIK SAHAKARI BANK LTD Petitioner(s) VERSUS MUKTABEN JAYSUKHLAL PATIRA & ANR. Respondent(s) (with appln. (s) for exemption from filing c/c of the impugned judgment and interim relief and office report) Date : 20/03/2015 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE AMITAVA ROY For Petitioner(s) Mr. Subramonium Prasad, Adv. Mr. Rajiv Dalal, Adv. Mr. Janak Shah, Adv. Ms. Meha Aggarwal, Adv. For Respondent(s) Mr. Anup Jain, Adv. Mr. Abhishek Baid, Adv. UPON hearing counsel the Court made the following O R D E R Issue notice. Mr. Anup Jain, learned counsel, accepts notice for Respondent No. 1. Tag with SLP (C).....CC 10243 of 2013.Signature Not VerifiedDigitally signed by In the meantime, the property in question shall not beJayant Kumar AroraDate: 2015.03.2111:48:52 IST disposed of.Reason: 2 On an oral request made by the learned counsel for thepetitioner, Respondent No. 2, who is a proforma party, bedeleted from the array of parties at the risk of thepetitioner. (Jayant Kumar Arora) (Sneh Bala Mehra) Sr. P.A. Assistant Registrar
þ ITEM NO.601 COURT NO.3 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition (C) No(s).131/2015 JAYANTI VARAD ULLAL Petitioner(s) VERSUS BHARAT CO OPERATIVE BANK (MUMBAI) LTD. AND ANR Respondent(s) (With appln.(s) for ex-parte stay) Date : 20/03/2015 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE AMITAVA ROY For Petitioner(s) Mr. Yadav Narender Singh,Adv. Mr. Abhishek Yadav,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Issue notice. Dasti service, in addition, is permitted. Tag with Civil Appeal No.5674 of 2009. Status quo shall be maintained, so far as Flat No.303, Status Apartment, Yari Road, Versova, Andhery (West), Mumbai-400061, is concerned. No further coercive steps shall be taken against the petitioner, provided the petitioner pays 25% of the amount payable as on 01.01.2015, as calculated by theSignature Not Verified respondent-Bank, within six weeks from today and furtherDigitally signed bySarita PurohitDate: 2015.03.2315:36:52 ISTReason: 25% of the amount within six weeks thereafter. 1 If the amount is not paid, as directed hereinabove,this order with regard to interim relief, shall standvacated.
The petitioner has also submitted that the propertyalready put to an auction may be sold by therespondent-Bank and if any amount is realised from saleof other property, the same shall be adjusted towards thedues which are to be paid by the petitioner as per thisorder.(Sarita Purohit) (Sneh Bala Mehra) Court Master Assistant Registrar 2
1 Non-Reportable IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (C) No. 37 OF 2013 MOHAMMED HUSSAIN WAREKAR Petitioner(s) VERSUS UNION OF INDIA & ORS. Respondent(s) J U D G M E N T ANIL R. DAVE, J. 1. It has been submitted by the learned counsel for the petitioner that two appeals which have been filed by the petitioner, being CCI/568/1988 and CCI/569/1988, are pending before the First Cooperative Court at Mumbai. 2. We direct the said Court to dispose of the aforesaid appeals within four months from the date of intimation of this order to it. 3. Till the appeals are decided, ad-interim relief granted by this Court shall continue. 4. In view of the above directions, this Writ Petition is disposed of. 5. An intimation of this order be sent to the aforesaid Court forthwith. .......................J. [ ANIL R. DAVE ] .......................J. [ KURIAN JOSEPH ] New Delhi; March 10, 2015.
2 IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (C) No. 51 OF 2013 M/S J.K.STEEL & CO. AND ORS. Petitioner(s) VERSUS UNION OF INDIA & ORS. Respondent(s) O R D E R The learned counsel for the petitioners has submitted that the petitioners have settled their disputes with the respondent-Bank out of the Court and, therefore, the learned counsel does not want to press this petition. The Writ Petition is, accordingly, disposed of as not pressed. .......................J. [ ANIL R. DAVE ] .......................J. [ KURIAN JOSEPH ] New Delhi; March 10, 2015.
3 IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (C) No. 52 OF 2013 M/S J.K.EROS & ORS. Petitioner(s) VERSUS UNION OF INDIA & ORS. Respondent(s) O R D E R The learned counsel for the petitioners has submitted that the petitioners have settled their disputes with the respondent-Bank out of the Court and, therefore, the learned counsel does not want to press this petition. The Writ Petition is, accordingly, disposed of as not pressed. .......................J. [ ANIL R. DAVE ] .......................J. [ KURIAN JOSEPH ] New Delhi; March 10, 2015.
4 IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (C) No. 58 OF 2013 MR. KARTIK KIRIT GANCHI & ORS. Petitioner(s) VERSUS UNION OF INDIA & ORS. Respondent(s) O R D E R The learned counsel for the petitioners has submitted that the petitioners have settled their disputes with the respondent-Bank out of the Court and, therefore, the learned counsel does not want to press this petition. The Writ Petition is, accordingly, disposed of as not pressed. .......................J. [ ANIL R. DAVE ] .......................J. [ KURIAN JOSEPH ] New Delhi; March 10, 2015.
5 IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (C) No. 378 OF 2011 M/S JAYANT BROTHERS & ENGG. CO.P.LTD & ORS. Petitioner(s) VERSUS UNION OF INDIA & ORS. Respondent(s) O R D E R The order passed in this Writ Petition on 18.02.2015 be read as under :- “The learned counsel for the petitioner(s) seeks permission to withdraw the petition so as to file a fresh petition in view of the subsequent development in the matter. Permission is granted. The petition is disposed of as withdrawn.” .......................J. [ ANIL R. DAVE ] .......................J. [ KURIAN JOSEPH ] New Delhi; March 10, 2015.
6 IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 5683 OF 2009 BHAGWANDAS SUPDURAM TOTALA Appellant (s) VERSUS THE STATE OF MAHARASHTRA & ANR. Respondent(s) O R D E R The learned counsel for the appellant has submitted that the disputes between the appellant and the respondent-Bank have been settled out of the Court and, therefore, he seeks leave to withdraw this Civil Appeal. Permission is granted. The Civil Appeal is, accordingly, disposed of as withdrawn. .......................J. [ANIL R. DAVE ] .......................J. [ KURIAN JOSEPH ] New Delhi; March 10, 2015.
7 NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 2874-75 of 2015 (Arising out of SLP(C)Nos.18732-18733 OF 2012) V. KRISHNASWAMY & ANR. ... APPELLANTS VS. KARNATAKA RAJYA KAIGARIKA SAHAKARI BANK NIYAMITA & ORS. ETC. ... RESPONDENTS J U D G M E N T ANIL R. DAVE, J. 1. Leave granted. 2. I t has been submitted by the learned counsel for the appellants that the dispute with regard to the amount payable by the appellants is pending before the Joint Registrar of the Cooperative Societies at Bangalore in Case Application No.A(I&M):D-7:1366:2000-2001. We direct that the said case shall be decided by the Joint Registrar within six months from the date of intimation of this order to the Joint Registrar. 3. Till the aforesaid proceedings are completed, no coercive steps shall be taken under the provisions of the
8 Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act), for recovery of the amount. 4. Interim relief granted by this Court shall cease to operate when the afore-stated case is decided. 5. In view of the above directions, the appeals stand disposed of as allowed to the above extent with no order as to costs. ..............J. [ANIL R. DAVE] ..............J. [KURIAN JOSEPH] New Delhi; 10 h March, 2015.
9 NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION CIVIL APPEAL NO. 2822 OF 2015 (Arising out of SLP(C)NO.21260 OF 2011) ARUNBHAI KALYANBHAI SUTARIYA ... APPELLANT VS. NUTAN NAGRIK SAHAKARI BANK LTD & ANR. ... RESPONDENTS J U D G M E N T ANIL R. DAVE, J. 1. Leave granted. 2. Upon hearing the learned counsel, we have learnt that the appellant has already filed an appeal before the Debts Recovery Tribunal at Ahmedabad (DRT), being Securitisation Appeal No.38 of 2001, which is pending. Similarly, the Respondent-Bank has also filed an appeal before the Gujarat State Cooperative Tribunal against order dated 4 th November, 2003, passed by the learned Board of Nominees at Ahmedabad in Lavad Case No.39 of 2000. 3. As both appeals are pending, we would not like to entertain this appeal on merits. We direct the DRT and
10 the Gujarat State Cooperative Tribunal to decide the appeals pending before them within three months from the date of receipt of a copy of this order. 4 . During the pendency of afore-stated appeals before the Appellate Authorities, no coercive steps shall be taken for recovery of the amount under the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). 5. The question of law with regard to applicability of the SARFAESI Act, 2002 and the Multi-State Cooperative Societies Act, 2002, is kept open. 6. The Registry shall give intimation of this order to the afore-stated authorities. 7. In view of the above order, the appeal stands disposed of with no order as to costs. ..............J. [ANIL R. DAVE] ..............J. [KURIAN JOSEPH] New Delhi; 10 h March, 2015.
11 NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (C) NO.367 OF 2011 ST. MARY'S HOTEL (P) LTD. & ANR. ... PETITIONERS VS. KOTTAYAM DIST. COOP. BANK LTD. & ORS. ... RESPONDENTS J U D G M E N T ANIL R. DAVE, J. 1. At the time of hearing of this petition, it has been submitted that Petitioner No.1 has already filed an appeal before the Debt Recovery Appellate Tribunal at Chennai (DRAT) and the said appeal, being AIR (SA) 230/2011, is pending. In the afore-stated appeal an interim order had been passed whereby the petitioner had been directed to pay Rs.65 lakhs (Rupees sixty five lakhs) by way of pre-deposit. At that stage, Writ Petition No.367/2011 had been filed in this Court. In pursuance of an interim order passed by this Court, a sum of Rs.2 crores (Rupees two Crores) has been paid by the petitioners to the respondent-Bank and the said amount has been kept in a separate account by the respondent-Bank.
12 2. As the petitioners have already paid more than Rs.65 lakhs (Rupees sixty five lakhs), we direct that the amount which has been deposited in a separate account by the respondent-Bank, shall be appropriated towards the dues of the petitioners. 3. It would not be necessary for the petitioners to pay a further sum of Rs.65 lakhs as directed by the Tribunal. The Tribunal shall decide the appeal which is pending before it, preferably within three months from the date of receipt of a copy of this order. During the pendency of afore-stated appeal before the DRAT, no coercive steps shall be taken for recovery of the amount under the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). 4. The question of law with regard to the SARFAESI Act, 2002 and the Multi-State Cooperative Societies Act, 2002, is kept open. 5. The Registry shall give intimation of this order to the Tribunal.
13 6. The writ petition and I.A.12 (For directions) stand disposed of accordingly. ..............J. [ANIL R. DAVE] ..............J. [KURIAN JOSEPH] New Delhi; 10 h March, 2015.
14 CORRECTED ITEM NO.101 COURT NO.3 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No(s). 5674/2009 PANDURANG GANPATI CHAUGULE Appellant(s) VERSUS VISHWASRAO PATIL MURGUD SAHAKARI BANK L. Respondent(s) (with interim relief and office report) (For Final Disposal) WITH C.A. No. 5675/2009 (With Interim Relief and Office Report) C.A. No. 5681/2009 (With Office Report) C.A. No. 5682/2009 (With Interim Relief and Office Report) C.A. No. 5683/2009 (With application for vacating interim relief and interim Relief and Office Report) C.A. No. 5684/2009 (With application for directions and Interim Relief) SLP(C) No. 25929/2009 (With Interim Relief and Office Report) SLP(C) No. 25930/2009 (With appln.(s) for directions and Interim Relief and Office Report) W.P.(C) No. 318/2010 (With Office Report) C.A. No. 1468/2010 (With application for exemption from filing O.T. and vacating stay) C.A. No. 4391/2010
15 (With application for permission to file counter affidavit and Office Report) C.A. No. 7410/2010 SLP(C) No. 24309/2010 SLP(C) No. 29859/2010 (With application for leave to place on record the subsequent developments and withdrawal and Interim Relief and Office Report) W.P.(C) No. 41/2011 (With Office Report) W.P.(C) No. 220/2011 (With Office Report) W.P.(C) No. 293/2011 (With appln.(s) for directions and Office Report) W.P.(C) No. 306/2011 (With appln.(s) for directions and Office Report) W.P.(C) No. 308/2011 (With appln.(s) for directions and Office Report) W.P.(C) No. 338/2011 (With Office Report) W.P.(C) No. 367/2011 (With Office Report) W.P.(C) No. 375/2011 (With Office Report) W.P.(C) No. 411/2011 (With Office Report) C.A. No. 2440/2011 (With appplication for directions and permission to file additional documents and stay and vacating stay and office report) SLP(C) No. 7295-7298/2011 (With Office Report) SLP(C) No. 21260/2011 (With Interim Relief and modification of Court's order and interim relief and Office Report) SLP(C) No. 22304-22305/2011 (With application for exemption from filing c/c of the impugned
16 Judgment and Office Report) SLP(C) No. 24479-24480/2011 (With Interim Relief and Office Report) W.P.(C) No. 5/2012 (With appln.(s) for directions and Office Report) W.P.(C) No. 48/2012 (With appln.(s) for amendment of the petition and appln.(s) for stay and Office Report) W.P.(C) No. 97/2012 (With appln.(s) for directions and Office Report) W.P.(C) No. 103/2012 (With appln.(s) for directions and Office Report) W.P.(C) No. 122/2012 (With appln.(s) for vacating stay and Office Report) W.P.(C) No. 199/2012 (With Office Report) W.P.(C) No. 250/2012 (With Office Report) W.P.(C) No. 291/2012 (With Office Report) W.P.(C) No. 386/2012 (With Office Report) W.P.(C) No. 460/2012 (With appln.(s) for directions and Office Report) W.P.(C) No. 461/2012 (With appln.(s) for stay and appln.(s) for directions and Office Report) W.P.(C) No. 487/2012 (With Office Report) W.P.(C) No. 537/2012 W.P.(C) No. 554/2012 (With appln.(s) for directions and Office Report) SLP(C) No. 18732-18733/2012 (With Interim Relief and Office Report)
17 SLP(C) No. 24276/2012 (With Interim Relief and Office Report) SLP(C) No. 30568/2012 (With Interim Relief and Office Report) W.P.(C) No. 7/2013 (With appln.(s) for directions and Office Report) W.P.(C) No. 36/2013 (With Office Report) W.P.(C) No. 37/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 51/2013 (With appln.(s) for stay and appln.(s) for clarification of court's order and Office Report) W.P.(C) No. 52/2013 (With appln.(s) for clarification of court's order and appln.(s) for stay and Office Report) W.P.(C) No. 58/2013 (With appln.(s) for clarification of court's order and appln.(s) for stay and Office Report) W.P.(C) No. 111/2013 (With appln.(s) for directions and Office Report) W.P.(C) No. 112/2013 (With appln.(s) for directions and Office Report) W.P.(C) No. 138/2013 (With Office Report) W.P.(C) No. 146/2013 (With Office Report) W.P.(C) No. 151/2013 (With Office Report) W.P.(C) No. 175/2013 (With Office Report) W.P.(C) No. 179/2013 (With Office Report) W.P.(C) No. 181/2013 W.P.(C) No. 191/2013
18 (With appln.(s) for vacation of ex-parte stay and appln.(s) for directions and Office Report) W.P.(C) No. 192/2013 (With appln.(s) for directions and Office Report) W.P.(C) No. 201/2013 (With Office Report) W.P.(C) No. 233/2013 (With appln.(s) for substitution of respondent and Office Report) W.P.(C) No. 236/2013 (With appln.(s) for substitution of respondent and Office Report) W.P.(C) No. 238/2013 (With appln.(s) for substitution of respondent and Office Report) W.P.(C) No. 248/2013 (With Office Report) W.P.(C) No. 250/2013 (With Office Report) W.P.(C) No. 253/2013 (With appln.(s) for vacating stay and Office Report) W.P.(C) No. 264/2013 (With application for impleadment and stay and Office Report) W.P.(C) No. 265/2013 (With appln.(s) for directions and Office Report) W.P.(C) No. 266/2013 (With Office Report) W.P.(C) No. 270/2013 (With appln.(s) for directions and Office Report) W.P.(C) No. 271/2013 (With appln.(s) for directions and Office Report) W.P.(C) No. 279/2013 (With Office Report) W.P.(C) No. 280/2013 (With application for stay and Office Report) W.P.(C) No. 284/2013 CONMT.PET.(C) No. 320/2013 In SLP(C) No. 15507/2013
19 W.P.(C) No. 353/2013 (With Office Report) W.P.(C) No. 452/2013 (With Office Report) W.P.(C) No. 469/2013 (With Office Report) W.P.(C) No. 588/2013 (With Office Report) W.P.(C) No. 753/2013 (With Office Report) W.P.(C) No. 758/2013 (With Office Report) W.P.(C) No. 761/2013 (With Office Report) W.P.(C) No. 762/2013 (With Office Report) W.P.(C) No. 800/2013 (With Office Report) W.P.(C) No. 819/2013 (With Office Report) W.P.(C) No. 868/2013 (With appln.(s) for directions and appln.(s) for vacating stay and Office Report) W.P.(C) No. 877/2013 (With Office Report) W.P.(C) No. 922/2013 (With appln.(s) for directions and appln.(s) for permission to file additional documents and Office Report) W.P.(C) No. 1007/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 1037/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 1043/2013 (With Office Report)
20 W.P.(C) No. 1044/2013 (With Office Report) W.P.(C) No. 1045/2013 (With Office Report) SLP(C) No. 12916/2013 (With Interim Relief and Office Report) SLP(C) No. 13100/2013 (With application for modification of court's order and vacating interim relief and Interim Relief and Office Report) SLP(C) No. 15507/2013 (With appln.(s) for directions and interim relief and permission to file additional documents and vacating stay and exemption from filing O.T. and appln.(s) for impleadment and Office Report) SLP(C) No. 15634-15635/2013 (With application for c/delay in filing SLP and Office Report) SLP(C) No. 17054/2013 (With Interim Relief and Office Report) SLP(C) No. 18775/2013 (With Interim Relief and Office Report) SLP(C) No. 18777/2013 (With Interim Relief and Office Report) SLP(C) No. 25126/2013 (With Interim Relief) SLP(C) No. 29720/2013 (With Office Report) SLP(C) No. 29721/2013 (With Office Report) SLP(C) No. 35137/2013 (With Interim Relief and Office Report) W.P.(C) No. 5/2014 (With Office Report) W.P.(C) No. 10/2014 (With Office Report) W.P.(C) No. 33/2014 (With appln.(s) for impleadment and Office Report)
21 W.P.(C) No. 120/2014 W.P.(C) No. 142/2014 (With appln.(s) for ex-parte stay and Office Report) W.P.(C) No. 168/2014 (With appln.(s) for vacating stay and appln.(s) for stay and Office Report) W.P.(C) No. 169/2014 (With appln.(s) for stay and appln.(s) for vacating stay and Office Report) W.P.(C) No. 208/2014 (With appln.(s) for stay and Office Report) W.P.(C) No. 352/2014 (With appln.(s) for directions and Office Report) W.P.(C) No. 408/2014 (With Office Report) W.P.(C) No. 417/2014 (With appln.(s) for stay and Office Report) W.P.(C) No. 420/2014 (With Office Report) W.P.(C) No. 421/2014 (With appln.(s) for stay and appln.(s) for vacating stay and Office Report) W.P.(C) No. 492/2014 (With Office Report) W.P.(C) No. 712/2014 (With appln.(s) for vacating stay and Office Report) W.P.(C) No. 714/2014 (With Office Report) W.P.(C) No. 754/2014 (With Office Report) W.P.(C) No. 756/2014 (With appln.(s) for directions and Office Report) W.P.(C) No. 779/2014 (With appln.(s) for exemption from filing O.T. and appln.(s) for stay and appln.(s) for vacation of ex-parte stay and Office Report)
22 S.L.P.(C)...CC No. 7586/2014 (With appln.(s) for c/delay in filing SLP and Office Report) W.P.(C) No. 795/2014 (With Office Report) W.P.(C) No. 849/2014 (With appln.(s) for vacating interim order and Office Report) W.P.(C) No. 838/2014 (With appln.(s) for vacating interim order and Office Report) W.P.(C) No. 827/2014 (With Office Report) W.P.(C) No. 929/2014 (With appln.(s) for interim relief and Office Report) SLP(C) No. 32589/2014 W.P.(C) No. 26/2015 (With Office Report) W.P.(C) No. 1020/2014 (With application for directions and Office Report) Date : 10/03/2015 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE KURIAN JOSEPH For Appellant(s) Mr. Santosh,Adv. Mr. M. Khairati,Adv. For Mr. Gaurav Agrawal,Adv. Mr. Nikhil Nayyar,Adv. Mr. Dhananjay Baijal, Adv. Ms. Akanksha, Adv. Mr. N. Sai Vinod, Adv. Mr. Satyajit A. Desai, Adv. Mr. Akash Kakade,Adv. For Ms. Anagha Desai,Adv. Mr. S. R. Singh, Sr. Adv. Mr. D. N. Dubey, Adv. Mr. Ujjawal Pandey,Adv. Ms. Vandita Rai,Adv. For Asha Gopalan Nair,Adv.
23 Mr. Dhruv Mehta, Sr. Adv. Mr. Devansh A. Mohta,Adv. Mr. Shishir Deshpande,Adv. Mr. Amit Yadav,Adv. For Ms. Sujata Kurdukar,Adv. Mr. Sunil Kumar Verma,Adv. Ms. Chandan Ramamurthi,Adv.(Not present) Mr. Ajit K. Sinha, Sr. Adv. Mr. R. Sudhinder,Adv. Mr. Dattatray Vyas, Adv. Mr. Abhishek Prasad,Adv. Mr. Ashok Mathur,Adv. Mr. T. N. Singh, Adv. Mr. Randhir Kumar, Adv. Mr. Tarkeshwar Nath,Adv. For Mr. R.P. Goyal,Adv. Mr. Saurabh Devkaran Singh,Adv. For Mr. Jayant K. Mehta,Adv. Ms. Madhavi Khare, Adv. Mr. K.L. Taneja,Adv. Ms. Purti M.,Adv. For Mr. A. Venayagam Balan,Adv. Mr. Manohar Lal Sharma, Adv. Ms. Suman, Adv. Mr. Pradhuman Gohil,Adv. Mr. Vikash Singh,Adv. Ms. Taruna Singh,Adv. Mr. Jaikriti S. Jadeja,Adv. Ms. Charu Mathur,Adv. Ms. Prabuddha Sharma, Adv. Mr. Chirag M. Shroff,Adv. Mr. Jitendra Ranawat,Adv. Ms. Mahima Shroff,Adv. Ms. Swati Vaibhav,Adv. Mr. Vikash Sinha,Adv. Mr. Satpal Singh,Adv. Mr. A.S. Chobe,Adv. Mr. P.K. Singh,Adv.
24 Mr. Vijay Kumar,Adv. Mr. Rabin Majumder,Adv. Mr. S. Sadasiva Reddy,Adv. For Ms. S. Usha Reddy,Adv. Mr. K. V. Vishwanathan, Sr. Adv. Mr. P.K. Manohar,Adv. Mr. Jayanth Muth Raj,Adv. Ms. Malavika J.,Adv. Mr. Sureshan P.,Adv. Mr. Vishwajit Singh,Adv.(Not present) Mr. H. Chandra Sekhar,Adv. Mr. Santhosh Krishnan,Adv. Mr. Marsook Bafaki, Adv. For Mr. Nikhil Goel,Adv. Mr. Jatin Zaveri,Adv. Mr. Neel Kamal Mishra,Adv. Mr. Ranjan Sabharwal,Adv. Mr. Raghav Sabharwal,Adv. For Mr. Bankey Bihari Sharma,Adv. Ms. Ankita Jain,Adv. Ms. Amrita Mishra,Adv. Mr. Ravi Mishra,Adv. For Mr. Jay Savla,Adv. Mr. Lakshmi Raman Singh,Adv.(Not present) Mr. Sarad Kumar Singhania,Adv. Mr. Santosh Paul,Adv. Mr. Arvind Gupta,Adv. Mr. Krishna Kumar, Adv. Mr. Harish Pandey,Adv. Mr. Sheen,Adv. Mr. Shubham Agarwal,Adv. Mr. N.D.B. Raju,Adv. For Mr. N. Ganpathy,Adv. Mr. S. Ravi Shankar,Adv. Ms. Sangeeta Singh, Adv. Mr. Amar Dave, Adv.
25 Mr. Rishi Maheshwari,Adv. For Mr. P.S. Sudheer,Adv. Mr. Amol Chitale,Adv. Ms. Pragya Baghel,Adv. Ms. Jaya Khanna,Adv. Dr. A. M. Singhvi, Sr. Adv. Ms. Neela Gokhale,Adv. Ms. Kamakshi S. Mehlwal,Adv. Mr. M. Khairati,Adv. For Mr. Irshad Ahmad,Adv. Mr. Santosh Paul,Adv. Mr. Arvind Gupta,Adv. Mr. Harish Pandey, Adv. Mr. Shubham Aggarwal, Adv. For Mr. M.J. Paul,Adv. Mr. Mathew J. Nedupara, Adv. Mr. Joydeep Mukherjee,Adv. Mr. Rabin Majumder,Adv. Mr. Garvesh Kabra,Adv. Ms. Pooja Kabra,Adv. Mr. Anirudh Sanganeria,Adv. Mr. Mukul Kumar,Adv. Mr. V.K. Biju, Adv. Mr. D. P. Singh, Adv. Ms. Sonam Gupta,Adv. Mr. Salil Bhattacharya,Adv. Mr. Raj Kirah Vats,Adv. Mr. R.P. Vyas, Adv. Ms. Kanika Khurana, Adv. For Mr. Sanjay Jain,Adv. Mr. Ankur S. Kulkarni,Adv. Mr. M. Gireesh Kumar,Adv. For Mr. S.K. Kulkarni,Adv. Mr. Ankur Saigal, Adv. Mr. Mahesh Agarwal, Adv. Mr. Rishi Agrawala, Adv. Mr. E.C. Agrawala, Adv. Mr. Jiten Mehra, Adv. Mr. Vikrant Pachnanda, Adv.
26 Mr. Vipin Nair,Adv. Mr. P.B. Suresh,Adv. Mr. Vishnu Shankar Jain,Adv. Mr. Udayaditya Banerjee,Adv. For M/s. Temple Law Firm,Advs. Ms. Garima Prashad,Adv. Mr. S. S. Ray, Adv. Mr. Vaibhav Gulia,Adv. For Ms. Rakhi Ray,Adv. Mr. Atul Babasaheb Dakh,Adv. Ms. Rashmi Singh,Adv. Mr. V.K. Biju,Adv. Mr. Santosh Krishnan,Adv. Mr. Vineet Bhagat,Adv. Mr. Udayan Jain,Adv. Mr. Ajay Kumar Singh,Adv. Mr. Vishal Balecha, Adv. For Respondent(s) Mr. Shekhar Naphade,Sr.Adv. Mr. Chinmoy Khaladkar, Adv. Mr. Preshit Surshe, Adv. Mr. Vinay Navare,Adv. Mr. Satyajeet Kumar,Adv. Mr. Keshav Ranjan,Adv. Ms. Gwen KB,Adv. For Ms. Abha R. Sharma,Adv. Mr. Shyam Divan, Sr. Adv. Mr. Sanjay Kharde,Adv. For Mr. Amol Nirmalkumar Suryawanshi,Adv. Mr. Shekhar Naphade,Sr.Adv. Mr. Krishan Kumar,Adv. Mr. Siddhesh Kotwal, Adv. Mr. Kuldeep S. Parihar,Adv. For Mr. H.S. Parihar,Adv. Mr. M.Y. Deshmukh,Adv. For Mr. R.P. Goyal,Adv. Mr. Debmalya Banerjee, Adv.
27 Ms. Jasmeet Singh, Adv. Mrs. Manik Karanjawala, Adv. Ms. J. Saran, Adv. Mr. Uday B. Dube,Adv. Mr. Shankar Chillarge,Adv. For Mr. A.P. Mayee,Adv. Ms. Vibha Datta Makhija,Sr.Adv. Ms. R. Singhania,Adv. Mr. Praveen Chaturvedi,Adv. M/s. K.J. John & Co.,Advs. Mr. Niraj Sharma,Adv. Mr. M.T. George,Adv. Ms. Sunita Sharma,Adv. Ms. Sushma Suri,Adv. Mr. Shreekant N. Terdal,Adv. Ms. Praveena Gautam,Adv. Mr. Deepak Tyagi,Adv. Ms. Pusshp Gupta,Adv. Mr. P.I. Jose,Adv. Mr. Alok K. Prasad,Adv. Mr. Vishwanath Bahuguna,Adv. Mr. Shivaji M. Jadhav,Adv. For M/s. S.M. Jadhav & Co.,Advs. Mr. R. Basant,Sr.Adv. Mr. C.K. Sasi,Adv. Mr. Karthik Ashok,Adv. Mr. Yash Pal Dhingra,Adv. Mr. Tapesh Kumar Singh,Adv. Ms. Rajani K. Prasad,Adv. For Ms. Annapoorani,Adv. Mr. Yadunandan Bansal,Adv. For Mr. Abhijat P. Medh,Adv. Mr. Anil Kumar Mishra,Adv. Mr. Shekhar Naphade,Sr.Adv. Mr. Chinmoy Khaladkar,Adv.
28 Mr. Preshit Surshe,Adv. Mr. Arjun Krishnan,Adv. Mr. Viraj Kadam, Adv. Mr. D.M. Nargolkar,Adv. Mr. Piyush Sharma,Adv. Mr. D. Bharat Kumar,Adv. Mr. Sayooj Mohandas M.,Adv. For Mr. Abhijit Sengupta,Adv. Mr. Vatsal Shah,Adv. Mr. S. Aravindh,Adv. Mr. Vimal Pani, Adv. For Mr. Senthil Jagadeesan,Adv. Mr. B. Subrahmanya Prasad,Adv. Mr. Suresh Dutt Dobhal,Adv. Mr. Subramonium Prasad,Adv. Mr. V.N. Raghupathy,Adv. Mr. Rajeev K. Pandey,Adv. For Mr. Rajeev Maheshwaranand Roy,Adv. Mr. Nirnimesh Dube,Adv. Mr. Pravin Satale,Adv. For Mr. Rajiv Shankar Dwivedi,Adv. Mr. Ravindra Keshavrao Adsure,Adv.(Not present) Ms. Hemantika Wahi,Adv. Mr. S.N. Bhat,Adv. Ms. Anuradha Mutatkar,Adv. Mr. Sudhanshu S. Choudhari,Adv. Mr. Avijit Saxena,Adv. For M/s. Karanjawala & Co.,Advs. Mr. M.P. Vinod,Adv. Ms. Neelam S.,Adv. Mr. Dileep Pillai,Adv. Mr. Atul,Adv. Mr. Rajesh Mahale,Adv.
29 Mr. Parvesh Thakur,Adv. Ms. Gargi Khanna,Adv. Ms. Anil Katiyar,Adv. Mr. Manish Pitale,Adv. Mr. Wasi Haider,Adv. For C.S. Ashri,Adv. Mr. Chinmoy Khaladkar,Adv. Ms. Neha Sharma,Adv. For Mr. Deeptakirti Verma,Adv. Mr. Tushar Mehta, ASG Mr. B. B. Sawhney, Sr. Adv. Mr. R.K. Verma,Adv. Ms. Sunita Sharma, Adv. Mr. T.N. Razdan,Adv. Mr. Sonal Jain,Adv. Mr. Rajiv M. Brahma,Adv. Mr. Sachin Patil,Adv. For Mr. Shriram P. Pingle,Adv. Mr. Lalit Bhasin,Adv. Ms. Nina Gupta,Adv. Mr. Mudit Sharma,Adv. Mr. Parvez A. Khan,Adv. For Mr. P.V. Yogeswarn,Adv. Mr. Rishi Maheshwari,Adv. Ms. Anne Mathew,Adv. Mr. Raj Kumar Kaushik,Adv. For Mr. P.S. Sudheer,Adv. Mr. Anil Nag,Adv. Mr. Gaurav Sharma,Adv. Ms. Amandeep Kaur, Adv. Mr. Prateek Bhatia, Adv. Ms. Sushma Suri, Adv. Ms. A. Sumathi,Adv. Mr. Ashok K. Mahajan,Adv. Mr. K. Rajeev,Adv . Mr. Mohit Kumar Shah,Adv.
30 M/s. Dua Associates,Advs. Ms. Bharati Tyagi,Adv. Mr. Anil Kumar Sangal,Adv. UPON hearing counsel the Court made the following O R D E R W.P.(C)NO.461/2012 Heard the learned counsel. The learned counsel for the petitioner would like to file reply to I.A.No.2/2015 (For directions) filed by the Respondent-Creditor. He may file the same within two weeks from today. T he ad-interim relief granted on 29.10.2012 is modified to the effect that the petitioners shall pay 25% of the amount payable as on 01.01.2015 as calculated by the respondent-Bank or the assignee of the debt, who has been impleaded as party-respondent, within six weeks from today and further 25% of the amount within six weeks thereafter. If the amount is not paid, as directed hereinabove, the interim relief granted in favour of the petitioners shall stand vacated. List the matter on 19.03.2015 at 10.30 A.M. C.A.No.2440/2011 It has been submitted by the learned counsel for the appellant that the appellant had borrowed money from nine different Cooperative Banks. Out of the nine Banks, eight
31 Banks have already been paid their dues and as far as the 9 th Bank is concerned, the appellant is negotiating with them. In the circumstances, no further order is required to be passed. List the matter on 19.03.2015 at 10.30 AM. W.P. (C) No. 37 of 2013 The Writ Petition is disposed of in terms of the signed non-reportable Judgment. W.P. (C) No. 51 of 2013 The Writ Petition is disposed of in terms of the signed order. W.P. (C) No. 52 of 2013 The Writ Petition is disposed of in terms of the signed order. W.P. (C) No. 58 of 2013 The Writ Petition is disposed of in terms of the signed order. Civil Appeal No. 5683 of 2009 The Civil Appeal is disposed of as withdrawn in terms of the signed order. W.P. (C) 367 of 2011 The Writ Petition and I.A.No. 12 (for directions) are disposed of in terms of the signed non-reportable Judgment. SLP (C) No. 21260 of 2011
32 Leave granted. The Civil Appeal is disposed of in terms of the signed non-reportable Judgment. SLP(C) Nos.18732-18733 of 2012 Leave granted. The Civil Appeals are disposed of as allowed in terms of the signed non-reportable Judgment. W.P. (C) No. 378 of 2011 The order passed in this Writ Petition on 18.02.2015 is modified in terms of the signed order. Rest of the matters be listed on 19.03.2015 at 10.30 AM (for whole day). (Jayant Kumar Arora) Sr. P.A. (Sneh Bala Mehra) Assistant Registrar (5 Signed orders and 4 non-reportable Judgments are placed on the file)
Listed on : 10.03.2015 Before Court No. 3 Item No. 101 SECTION:XIV IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION PETITION FOR SPECIAL LEAVE TO APPEAL (C) No. 32589/2014 WITH PRAYER FOR INTERIM RELIEF M/s Dev Memorial Edu. Trust and Anr. ... Petitioners Versus Union Of India & Ors. ...Respondents OFFICE REPORT The matter above mentioned alongwith connected matters were listed before the Hon'ble Court on 18.02.2015, when the court was pleased to inter-alia pass the following order:- “Heard the learned counsel. The ad-interim relief, granted earlier is modified to the effect that the petitioner(s)/appellant(s) shall pay 25% of the amount payable as on 01.01.2015 as calculated by the respondent-Bank or the assignee of the debt, who has been impleaded as party-respondent, within six weeks from today and further 25% of the amount within six weeks thereafter. If the amount is not paid, as directed hereinabove, the order with regard to interim relief, shall stand vacated. I.As. stand disposed of. The pendency of these appeals/petitions would not prevent the creditor-Bank from taking any other appropriate action in accordance with law and it would also be open to the borrower and the respondent Bank to arrive at any other understanding/settlement in respect of the amount payable by the petitioner(s)/appellants(s) List on 10 th March, 2015. ” It is submitted that in view of aforesaid order counsel for the parties have not filed document regarding settlement so far. Service is not complete on Respondent Nos. 1 and 2. The matter above mentioned is listed before the Hon'ble Court with this Office Report. DATED THIS THE 9 th DAY OF MARCH, 2015. ASSISTANT REGISTRAR
COPY TO: 1. Mr. Ajay Kumar Singh, Adv. Ch. No. 2. Mr. Anil Nag, Adv. 3. Mr. Gaurav Sharma, Adv. ASSISTANT REGISTRAR p-2/Avi
NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION CIVIL APPEAL NO. 2822 OF 2015 (Arising out of SLP(C)NO.21260 OF 2011) ARUNBHAI KALYANBHAI SUTARIYA ... APPELLANT VS. NUTAN NAGRIK SAHAKARI BANK LTD & ANR. ... RESPONDENTS J U D G M E N T ANIL R. DAVE, J. 1. Leave granted. 2. Upon hearing the learned counsel, we have learnt that the appellant has already filed an appeal before the Debts Recovery Tribunal at Ahmedabad (DRT), being Securitisation Appeal No.38 of 2001, which is pending. Similarly, the Respondent-Bank has also filed an appeal before the Gujarat State Cooperative Tribunal against order dated 4 th November, 2003, passed by the learned Board of Nominees at Ahmedabad in Lavad Case No.39 of 2000. 3. As both appeals are pending, we would not like to entertain this appeal on merits. We direct the DRT and the Gujarat State Cooperative Tribunal to decide the appeals pending before them within three months from the
date of receipt of a copy of this order. 4 . During the pendency of afore-stated appeals before the Appellate Authorities, no coercive steps shall be taken for recovery of the amount under the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). 5. The question of law with regard to applicability of the SARFAESI Act, 2002 and the Multi-State Cooperative Societies Act, 2002, is kept open. 6. The Registry shall give intimation of this order to the afore-stated authorities. 7. In view of the above order, the appeal stands disposed of with no order as to costs. ..............J. [ANIL R. DAVE] ..............J. [KURIAN JOSEPH] New Delhi; 10 h March, 2015.
Non-Reportable IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (C) No. 37 OF 2013 MOHAMMED HUSSAIN WAREKAR Petitioner(s) VERSUS UNION OF INDIA & ORS. Respondent(s) J U D G M E N T ANIL R. DAVE, J. 1. It has been submitted by the learned counsel for the petitioner that two appeals which have been filed by the petitioner, being CCI/568/1988 and CCI/569/1988, are pending before the First Cooperative Court at Mumbai. 2. We direct the said Court to dispose of the aforesaid appeals within four months from the date of intimation of this order to it. 3. Till the appeals are decided, ad-interim relief granted by this Court shall continue. 4. In view of the above directions, this Writ Petition is disposed of. 5. An intimation of this order be sent to the aforesaid Court forthwith. .......................J. [ ANIL R. DAVE ] .......................J. [ KURIAN JOSEPH ] New Delhi; March 10, 2015.
1 NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (C) NO.367 OF 2011 ST. MARY'S HOTEL (P) LTD. & ANR. ... PETITIONERS VS. KOTTAYAM DIST. COOP. BANK LTD. & ORS. ... RESPONDENTS J U D G M E N T ANIL R. DAVE, J. 1. At the time of hearing of this petition, it has been submitted that Petitioner No.1 has already filed an appeal before the Debt Recovery Appellate Tribunal at Chennai (DRAT) and the said appeal, being AIR (SA) 230/2011, is pending. In the afore-stated appeal an interim order had been passed whereby the petitioner had been directed to pay Rs.65 lakhs (Rupees sixty five lakhs) by way of pre- deposit. At that stage, Writ Petition No.367/2011 had been filed in this Court. In pursuance of an interim order passed by this Court, a sum of Rs.2 crores (Rupees two Crores) has been paid by the petitioners to the respondent- Bank and the said amount has been kept in a separate account by the respondent-Bank. 2. As the petitioners have already paid more than Rs.65
2 lakhs (Rupees sixty five lakhs), we direct that the amount which has been deposited in a separate account by the respondent-Bank, shall be appropriated towards the dues of the petitioners. 3. It would not be necessary for the petitioners to pay a further sum of Rs.65 lakhs as directed by the Tribunal. The Tribunal shall decide the appeal which is pending before it, preferably within three months from the date of receipt of a copy of this order. During the pendency of afore-stated appeal before the DRAT, no coercive steps shall be taken for recovery of the amount under the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). 4. The question of law with regard to the SARFAESI Act, 2002 and the Multi-State Cooperative Societies Act, 2002, is kept open. 5. The Registry shall give intimation of this order to the Tribunal. 6. The writ petition and I.A.12 (For directions) stand disposed of accordingly.
3 ..............J. [ANIL R. DAVE] ..............J. [KURIAN JOSEPH] New Delhi; 10 h March, 2015.
1 Non-Reportable IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (C) No. 37 OF 2013 MOHAMMED HUSSAIN WAREKAR Petitioner(s) VERSUS UNION OF INDIA & ORS. Respondent(s) J U D G M E N T ANIL R. DAVE, J. 1. It has been submitted by the learned counsel for the petitioner that two appeals which have been filed by the petitioner, being CCI/568/1988 and CCI/569/1988, are pending before the First Cooperative Court at Mumbai. 2. We direct the said Court to dispose of the aforesaid appeals within four months from the date of intimation of this order to it. 3. Till the appeals are decided, ad-interim relief granted by this Court shall continue. 4. In view of the above directions, this Writ Petition is disposed of. 5. An intimation of this order be sent to the aforesaid Court forthwith. .......................J.Signature Not Verified [ ANIL R. DAVE ]Digitally signed byJayant Kumar AroraDate: 2015.03.1816:26:37 IST .......................J.Reason: [ KURIAN JOSEPH ] New Delhi; March 10, 2015. 2 IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (C) No. 51 OF 2013M/S J.K.STEEL & CO. AND ORS. Petitioner(s)
VERSUSUNION OF INDIA & ORS. Respondent(s) O R D E R The learned counsel for the petitioners hassubmitted that the petitioners have settled theirdisputes with the respondent-Bank out of the Courtand, therefore, the learned counsel does not want topress this petition. The Writ Petition is, accordingly, disposed ofas not pressed. .......................J. [ ANIL R. DAVE ] .......................J. [ KURIAN JOSEPH ]New Delhi;March 10, 2015. 3 IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (C) No. 52 OF 2013M/S J.K.EROS & ORS. Petitioner(s) VERSUSUNION OF INDIA & ORS. Respondent(s) O R D E R The learned counsel for the petitioners hassubmitted that the petitioners have settled theirdisputes with the respondent-Bank out of the Courtand, therefore, the learned counsel does not want topress this petition. The Writ Petition is, accordingly, disposed ofas not pressed. .......................J. [ ANIL R. DAVE ] .......................J. [ KURIAN JOSEPH ]New Delhi;
March 10, 2015. 4 IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (C) No. 58 OF 2013MR. KARTIK KIRIT GANCHI & ORS. Petitioner(s) VERSUSUNION OF INDIA & ORS. Respondent(s) O R D E R The learned counsel for the petitioners hassubmitted that the petitioners have settled theirdisputes with the respondent-Bank out of the Courtand, therefore, the learned counsel does not want topress this petition. The Writ Petition is, accordingly, disposed ofas not pressed. .......................J. [ ANIL R. DAVE ] .......................J. [ KURIAN JOSEPH ]New Delhi;March 10, 2015. 5 IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (C) No. 378 OF 2011M/S JAYANT BROTHERS & ENGG. CO.P.LTD& ORS. Petitioner(s) VERSUSUNION OF INDIA & ORS. Respondent(s) O R D E R The order passed in this Writ Petition on18.02.2015 be read as under :- "The learned counsel for the petitioner(s) seeks permission to withdraw the petition so as to file a fresh petition in view of the subsequent development in the matter. Permission is granted.
The petition is disposed of as withdrawn." .......................J. [ ANIL R. DAVE ] .......................J. [ KURIAN JOSEPH ]New Delhi;March 10, 2015. 6 IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 5683 OF 2009BHAGWANDAS SUPDURAM TOTALA Appellant (s) VERSUSTHE STATE OF MAHARASHTRA & ANR. Respondent(s) O R D E R The learned counsel for the appellant hassubmitted that the disputes between the appellant andthe respondent-Bank have been settled out of theCourt and, therefore, he seeks leave to withdraw thisCivil Appeal. Permission is granted. The Civil Appeal is, accordingly, disposed of aswithdrawn. .......................J. [ANIL R. DAVE ] .......................J. [ KURIAN JOSEPH ]New Delhi;March 10, 2015. 7 NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 2874-75 of 2015 (Arising out of SLP(C)Nos.18732-18733 OF 2012)V. KRISHNASWAMY & ANR. ... APPELLANTS VS.
KARNATAKA RAJYA KAIGARIKA SAHAKARI BANKNIYAMITA & ORS. ETC. ... RESPONDENTS J U D G M E N TANIL R. DAVE, J.1. Leave granted.2. It has been submitted by the learned counsel for theappellants that the dispute with regard to the amountpayable by the appellants is pending before the JointRegistrar of the Cooperative Societies at Bangalore inCase Application No.A(I&M):D-7:1366:2001-2001. We directthat the said case shall be decided by the AdditionalRegistrar within six months from the date of intimation ofthis order to the Additional Registrar.3. Till the aforesaid proceedings are completed, nocoercive steps shall be taken under the provisions of the 8Securitization and Reconstruction of Financial Assets andEnforcement of Security Interest Act, 2002 (SARFAESI Act),for recovery of the amount.4. Interim relief granted by this Court shall cease tooperate when the afore-stated case is decided.5. In view of the above directions, the appeals standdisposed of as allowed to the above extent with no order asto costs. ..............J. [ANIL R. DAVE] ..............J. [KURIAN JOSEPH]New Delhi;10h March, 2015. 9 NON-REPORTABLE IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION CIVIL APPEAL NO. 2822 OF 2015 (Arising out of SLP(C)NO.21260 OF 2011)ARUNBHAI KALYANBHAI SUTARIYA ... APPELLANT VS.NUTAN NAGRIK SAHAKARI BANK LTD & ANR. ... RESPONDENTS J U D G M E N TANIL R. DAVE, J.1. Leave granted.2. Upon hearing the learned counsel, we have learnt thatthe appellant has already filed an appeal before the DebtsRecovery Tribunal at Ahmedabad (DRT), being SecuritisationAppeal No.38 of 2001, which is pending. Similarly, theRespondent-Bank has also filed an appeal before the GujaratState Cooperative Tribunal against order dated 4th November,2003, passed by the learned Board of Nominees at Ahmedabadin Lavad Case No.39 of 2000.3. As both appeals are pending, we would not like toentertain this appeal on merits. We direct the DRT and 10the Gujarat State Cooperative Tribunal to decide theappeals pending before them within three months from thedate of receipt of a copy of this order.4. During the pendency of afore-stated appeals beforethe Appellate Authorities, no coercive steps shall be takenfor recovery of the amount under the provisions of theSecuritization and Reconstruction of Financial Assets andEnforcement of Security Interest Act, 2002 (SARFAESI Act).5. The question of law with regard to applicability ofthe SARFAESI Act, 2002 and the Multi-State CooperativeSocieties Act, 2002, is kept open.6. The Registry shall give intimation of this order to
the afore-stated authorities.7. In view of the above order, the appeal standsdisposed of with no order as to costs. ..............J. [ANIL R. DAVE] ..............J. [KURIAN JOSEPH]New Delhi;10h March, 2015. 11 NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (C) NO.367 OF 2011ST. MARY'S HOTEL (P) LTD. & ANR. ... PETITIONERS VS.KOTTAYAM DIST. COOP. BANK LTD. & ORS. ... RESPONDENTS J U D G M E N TANIL R. DAVE, J.1. At the time of hearing of this petition, it has beensubmitted that Petitioner No.1 has already filed an appealbefore the Debt Recovery Appellate Tribunal at Chennai(DRAT) and the said appeal, being AIR (SA) 230/2011, ispending. In the afore-stated appeal an interim order hadbeen passed whereby the petitioner had been directed topay Rs.65 lakhs (Rupees sixty five lakhs) by way ofpre-deposit. At that stage, Writ Petition No.367/2011 hadbeen filed in this Court. In pursuance of an interim orderpassed by this Court, a sum of Rs.2 crores (Rupees twoCrores) has been paid by the petitioners to therespondent-Bank and the said amount has been kept in aseparate account by the respondent-Bank. 122. As the petitioners have already paid more than Rs.65lakhs (Rupees sixty five lakhs), we direct that the amountwhich has been deposited in a separate account by therespondent-Bank, shall be appropriated towards the dues of
the petitioners.3. It would not be necessary for the petitioners to paya further sum of Rs.65 lakhs as directed by the Tribunal.The Tribunal shall decide the appeal which is pendingbefore it, preferably within three months from the date ofreceipt of a copy of this order. During the pendency ofafore-stated appeal before the DRAT, no coercive stepsshall be taken for recovery of the amount under theprovisions of the Securitization and Reconstruction ofFinancial Assets and Enforcement of Security Interest Act,2002 (SARFAESI Act).4. The question of law with regard to the SARFAESI Act,2002 and the Multi-State Cooperative Societies Act, 2002,is kept open.5. The Registry shall give intimation of this order tothe Tribunal. 136. The writ petition and I.A.12 (For directions) standdisposed of accordingly. ..............J. [ANIL R. DAVE] ..............J. [KURIAN JOSEPH]New Delhi;10h March, 2015. 14ITEM NO.101 COURT NO.3 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No(s). 5674/2009PANDURANG GANPATI CHAUGULE Appellant(s) VERSUSVISHWASRAO PATIL MURGUD SAHAKARI BANK L. Respondent(s)(with interim relief and office report)(For Final Disposal)
WITHC.A. No. 5675/2009(With Interim Relief and Office Report) C.A. No. 5681/2009(With Office Report) C.A. No. 5682/2009(With Interim Relief and Office Report) C.A. No. 5683/2009(With application for vacating interim relief and interim Reliefand Office Report) C.A. No. 5684/2009(With application for directions and Interim Relief) SLP(C) No. 25929/2009(With Interim Relief and Office Report) SLP(C) No. 25930/2009(With appln.(s) for directions and Interim Relief and OfficeReport) W.P.(C) No. 318/2010(With Office Report) C.A. No. 1468/2010(With application for exemption from filing O.T. and vacatingstay) C.A. No. 4391/2010(With application for permission to file counter affidavit andOffice Report) 15 C.A. No. 7410/2010 SLP(C) No. 24309/2010 SLP(C) No. 29859/2010(With application for leave to place on record the subsequentdevelopments and withdrawal and Interim Relief and Office Report) W.P.(C) No. 41/2011(With Office Report) W.P.(C) No. 220/2011(With Office Report) W.P.(C) No. 293/2011(With appln.(s) for directions and Office Report) W.P.(C) No. 306/2011(With appln.(s) for directions and Office Report) W.P.(C) No. 308/2011(With appln.(s) for directions and Office Report) W.P.(C) No. 338/2011(With Office Report) W.P.(C) No. 367/2011(With Office Report) W.P.(C) No. 375/2011(With Office Report)
W.P.(C) No. 411/2011(With Office Report) C.A. No. 2440/2011(With appplication for directions and permission to fileadditional documents and stay and vacating stay and office report) SLP(C) No. 7295-7298/2011(With Office Report) SLP(C) No. 21260/2011(With Interim Relief and modification of Court's order and interimrelief and Office Report) SLP(C) No. 22304-22305/2011(With application for exemption from filing c/c of the impugnedJudgment and Office Report) 16 SLP(C) No. 24479-24480/2011(With Interim Relief and Office Report) W.P.(C) No. 5/2012(With appln.(s) for directions and Office Report) W.P.(C) No. 48/2012(With appln.(s) for amendment of the petition and appln.(s) forstay and Office Report) W.P.(C) No. 97/2012(With appln.(s) for directions and Office Report) W.P.(C) No. 103/2012(With appln.(s) for directions and Office Report) W.P.(C) No. 122/2012(With appln.(s) for vacating stay and Office Report) W.P.(C) No. 199/2012(With Office Report) W.P.(C) No. 250/2012(With Office Report) W.P.(C) No. 291/2012(With Office Report) W.P.(C) No. 386/2012(With Office Report) W.P.(C) No. 460/2012(With appln.(s) for directions and Office Report) W.P.(C) No. 461/2012(With appln.(s) for stay and appln.(s) for directions and OfficeReport) W.P.(C) No. 487/2012(With Office Report) W.P.(C) No. 537/2012 W.P.(C) No. 554/2012(With appln.(s) for directions and Office Report) SLP(C) No. 18732-18733/2012(With Interim Relief and Office Report) SLP(C) No. 24276/2012
(With Interim Relief and Office Report) 17 SLP(C) No. 30568/2012(With Interim Relief and Office Report) W.P.(C) No. 7/2013(With appln.(s) for directions and Office Report) W.P.(C) No. 36/2013(With Office Report) W.P.(C) No. 37/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 51/2013(With appln.(s) for stay and appln.(s) for clarification ofcourt's order and Office Report) W.P.(C) No. 52/2013(With appln.(s) for clarification of court's order and appln.(s)for stay and Office Report) W.P.(C) No. 58/2013(With appln.(s) for clarification of court's order and appln.(s)for stay and Office Report) W.P.(C) No. 111/2013(With appln.(s) for directions and Office Report) W.P.(C) No. 112/2013(With appln.(s) for directions and Office Report) W.P.(C) No. 138/2013(With Office Report) W.P.(C) No. 146/2013(With Office Report) W.P.(C) No. 151/2013(With Office Report) W.P.(C) No. 175/2013(With Office Report) W.P.(C) No. 179/2013(With Office Report) W.P.(C) No. 181/2013 W.P.(C) No. 191/2013(With appln.(s) for vacation of ex-parte stay and appln.(s) fordirections and Office Report) 18 W.P.(C) No. 192/2013(With appln.(s) for directions and Office Report) W.P.(C) No. 201/2013(With Office Report) W.P.(C) No. 233/2013(With appln.(s) for substitution of respondent and Office Report) W.P.(C) No. 236/2013(With appln.(s) for substitution of respondent and Office Report)
W.P.(C) No. 238/2013(With appln.(s) for substitution of respondent and Office Report) W.P.(C) No. 248/2013(With Office Report) W.P.(C) No. 250/2013(With Office Report) W.P.(C) No. 253/2013(With appln.(s) for vacating stay and Office Report) W.P.(C) No. 264/2013(With application for impleadment and stay and Office Report) W.P.(C) No. 265/2013(With appln.(s) for directions and Office Report) W.P.(C) No. 266/2013(With Office Report) W.P.(C) No. 270/2013(With appln.(s) for directions and Office Report) W.P.(C) No. 271/2013(With appln.(s) for directions and Office Report) W.P.(C) No. 279/2013(With Office Report) W.P.(C) No. 280/2013(With application for stay and Office Report) W.P.(C) No. 284/2013 CONMT.PET.(C) No. 320/2013 In SLP(C) No. 15507/2013 W.P.(C) No. 353/2013 19(With Office Report) W.P.(C) No. 452/2013(With Office Report) W.P.(C) No. 469/2013(With Office Report) W.P.(C) No. 588/2013(With Office Report) W.P.(C) No. 753/2013(With Office Report) W.P.(C) No. 758/2013(With Office Report) W.P.(C) No. 761/2013(With Office Report) W.P.(C) No. 762/2013(With Office Report) W.P.(C) No. 800/2013(With Office Report) W.P.(C) No. 819/2013(With Office Report)
W.P.(C) No. 868/2013(With appln.(s) for directions and appln.(s) for vacating stay andOffice Report) W.P.(C) No. 877/2013(With Office Report) W.P.(C) No. 922/2013(With appln.(s) for directions and appln.(s) for permission tofile additional documents and Office Report) W.P.(C) No. 1007/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 1037/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 1043/2013(With Office Report) W.P.(C) No. 1044/2013(With Office Report) 20 W.P.(C) No. 1045/2013(With Office Report) SLP(C) No. 12916/2013(With Interim Relief and Office Report) SLP(C) No. 13100/2013(With application for modification of court's order and vacatinginterim relief and Interim Relief and Office Report) SLP(C) No. 15507/2013(With appln.(s) for directions and interim relief and permissionto file additional documents and vacating stay and exemption fromfiling O.T. and appln.(s) for impleadment and Office Report) SLP(C) No. 15634-15635/2013(With application for c/delay in filing SLP and Office Report) SLP(C) No. 17054/2013(With Interim Relief and Office Report) SLP(C) No. 18775/2013(With Interim Relief and Office Report) SLP(C) No. 18777/2013(With Interim Relief and Office Report) SLP(C) No. 25126/2013(With Interim Relief) SLP(C) No. 29720/2013(With Office Report) SLP(C) No. 29721/2013(With Office Report) SLP(C) No. 35137/2013(With Interim Relief and Office Report) W.P.(C) No. 5/2014(With Office Report) W.P.(C) No. 10/2014(With Office Report)
W.P.(C) No. 33/2014(With appln.(s) for impleadment and Office Report) W.P.(C) No. 120/2014 21 W.P.(C) No. 142/2014(With appln.(s) for ex-parte stay and Office Report) W.P.(C) No. 168/2014(With appln.(s) for vacating stay and appln.(s) for stay andOffice Report) W.P.(C) No. 169/2014(With appln.(s) for stay and appln.(s) for vacating stay andOffice Report) W.P.(C) No. 208/2014(With appln.(s) for stay and Office Report) W.P.(C) No. 352/2014(With appln.(s) for directions and Office Report) W.P.(C) No. 408/2014(With Office Report) W.P.(C) No. 417/2014(With appln.(s) for stay and Office Report) W.P.(C) No. 420/2014(With Office Report) W.P.(C) No. 421/2014(With appln.(s) for stay and appln.(s) for vacating stay andOffice Report) W.P.(C) No. 492/2014(With Office Report) W.P.(C) No. 712/2014(With appln.(s) for vacating stay and Office Report) W.P.(C) No. 714/2014(With Office Report) W.P.(C) No. 754/2014(With Office Report) W.P.(C) No. 756/2014(With appln.(s) for directions and Office Report) W.P.(C) No. 779/2014(With appln.(s) for exemption from filing O.T. and appln.(s) forstay and appln.(s) for vacation of ex-parte stay and OfficeReport) S.L.P.(C)...CC No. 7586/2014 22(With appln.(s) for c/delay in filing SLP and Office Report) W.P.(C) No. 795/2014(With Office Report) W.P.(C) No. 849/2014(With appln.(s) for vacating interim order and Office Report) W.P.(C) No. 838/2014
(With appln.(s) for vacating interim order and Office Report) W.P.(C) No. 827/2014(With Office Report) W.P.(C) No. 929/2014(With appln.(s) for interim relief and Office Report) SLP(C) No. 32589/2014 W.P.(C) No. 26/2015(With Office Report) W.P.(C) No. 1020/2014(With application for directions and Office Report)Date : 10/03/2015 These matters were called on for hearing today.CORAM : HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE KURIAN JOSEPHFor Appellant(s) Mr. Santosh,Adv. Mr. M. Khairati,Adv. For Mr. Gaurav Agrawal,Adv. Mr. Nikhil Nayyar,Adv. Mr. Dhananjay Baijal, Adv. Ms. Akanksha, Adv. Mr. N. Sai Vinod, Adv. Mr. Satyajit A. Desai, Adv. Mr. Akash Kakade,Adv. For Ms. Anagha Desai,Adv. Mr. S. R. Singh, Sr. Adv. Mr. D. N. Dubey, Adv. Mr. Ujjawal Pandey,Adv. Ms. Vandita Rai,Adv. For Asha Gopalan Nair,Adv. Mr. Dhruv Mehta, Sr. Adv. Mr. Devansh A. Mohta,Adv. 23Mr. Shishir Deshpande,Adv.Mr. Amit Yadav,Adv.For Ms. Sujata Kurdukar,Adv.Mr. Sunil Kumar Verma,Adv.Ms. Chandan Ramamurthi,Adv.(Not present)Mr. Ajit K. Sinha, Sr. Adv.Mr. R. Sudhinder,Adv.Mr. Dattatray Vyas, Adv.Mr. Abhishek Prasad,Adv.Mr. Ashok Mathur,Adv.Mr. T. N. Singh, Adv.Mr. Randhir Kumar, Adv.Mr. Tarkeshwar Nath,Adv.For Mr. R.P. Goyal,Adv.Mr. Saurabh Devkaran Singh,Adv.For Mr. Jayant K. Mehta,Adv.Ms. Madhavi Khare, Adv.Mr. K.L. Taneja,Adv.
Ms. Purti M.,Adv.For Mr. A. Venayagam Balan,Adv.Mr. Manohar Lal Sharma, Adv.Ms. Suman, Adv.Mr. Pradhuman Gohil,Adv.Mr. Vikash Singh,Adv.Ms. Taruna Singh,Adv.Mr. Jaikriti S. Jadeja,Adv.Ms. Charu Mathur,Adv.Ms. Prabuddha Sharma, Adv.Mr. Chirag M. Shroff,Adv.Mr. Jitendra Ranawat,Adv.Ms. Mahima Shroff,Adv.Ms. Swati Vaibhav,Adv.Mr. Vikash Sinha,Adv.Mr. Satpal Singh,Adv.Mr. A.S. Chobe,Adv.Mr. P.K. Singh,Adv.Mr. Vijay Kumar,Adv. 24Mr. Rabin Majumder,Adv.Mr. S. Sadasiva Reddy,Adv.For Ms. S. Usha Reddy,Adv.Mr. K. V. Vishwanathan, Sr. Adv.Mr. P.K. Manohar,Adv.Mr. Jayanth Muth Raj,Adv.Ms. Malavika J.,Adv.Mr. Sureshan P.,Adv.Mr. Vishwajit Singh,Adv.(Not present)Mr. H. Chandra Sekhar,Adv.Mr. Santhosh Krishnan,Adv.Mr. Marsook Bafaki, Adv.For Mr. Nikhil Goel,Adv.Mr. Jatin Zaveri,Adv.Mr. Neel Kamal Mishra,Adv.Mr. Ranjan Sabharwal,Adv.Mr. Raghav Sabharwal,Adv.For Mr. Bankey Bihari Sharma,Adv.Ms. Ankita Jain,Adv.Ms. Amrita Mishra,Adv.Mr. Ravi Mishra,Adv.For Mr. Jay Savla,Adv.Mr. Lakshmi Raman Singh,Adv.(Not present)Mr. Sarad Kumar Singhania,Adv.Mr. Santosh Paul,Adv.Mr. Arvind Gupta,Adv.Mr. Krishna Kumar, Adv.Mr. Harish Pandey,Adv.Mr. Sheen,Adv.Mr. Shubham Agarwal,Adv.
Mr. N.D.B. Raju,Adv.For Mr. N. Ganpathy,Adv.Mr. S. Ravi Shankar,Adv.Ms. Sangeeta Singh, Adv.Mr. Amar Dave, Adv.Mr. Rishi Maheshwari,Adv.For Mr. P.S. Sudheer,Adv. 25Mr. Amol Chitale,Adv.Ms. Pragya Baghel,Adv.Ms. Jaya Khanna,Adv.Dr. A. M. Singhvi, Sr. Adv.Ms. Neela Gokhale,Adv.Ms. Kamakshi S. Mehlwal,Adv.Mr. M. Khairati,Adv.For Mr. Irshad Ahmad,Adv.Mr. Santosh Paul,Adv.Mr. Arvind Gupta,Adv.Mr. Harish Pandey, Adv.Mr. Shubham Aggarwal, Adv.For Mr. M.J. Paul,Adv.Mr. Mathew J. Nedupara, Adv.Mr. Joydeep Mukherjee,Adv.Mr. Rabin Majumder,Adv.Mr. Garvesh Kabra,Adv.Ms. Pooja Kabra,Adv.Mr. Anirudh Sanganeria,Adv.Mr. Mukul Kumar,Adv.Mr. V.K. Biju, Adv.Mr. D. P. Singh, Adv.Ms. Sonam Gupta,Adv.Mr. Salil Bhattacharya,Adv.Mr. Raj Kirah Vats,Adv.Mr. R.P. Vyas, Adv.Ms. Kanika Khurana, Adv.For Mr. Sanjay Jain,Adv.Mr. Ankur S. Kulkarni,Adv.Mr. M. Gireesh Kumar,Adv.For Mr. S.K. Kulkarni,Adv.Mr. Ankur Saigal, Adv.Mr. Mahesh Agarwal, Adv.Mr. Rishi Agrawala, Adv.Mr. E.C. Agrawala, Adv.Mr. Jiten Mehra, Adv.Mr. Vikrant Pachnanda, Adv.Mr. Vipin Nair,Adv.Mr. P.B. Suresh,Adv. 26 Mr. Vishnu Shankar Jain,Adv. Mr. Udayaditya Banerjee,Adv. For M/s. Temple Law Firm,Advs. Ms. Garima Prashad,Adv.
Mr. S. S. Ray, Adv. Mr. Vaibhav Gulia,Adv. For Ms. Rakhi Ray,Adv. Mr. Atul Babasaheb Dakh,Adv. Ms. Rashmi Singh,Adv. Mr. V.K. Biju,Adv. Mr. Santosh Krishnan,Adv. Mr. Vineet Bhagat,Adv. Mr. Udayan Jain,Adv. Mr. Ajay Kumar Singh,Adv. Mr. Vishal Balecha, Adv.For Respondent(s) Mr. Shekhar Naphade,Sr.Adv. Mr. Chinmoy Khaladkar, Adv. Mr. Preshit Surshe, Adv. Mr. Vinay Navare,Adv. Mr. Satyajeet Kumar,Adv. Mr. Keshav Ranjan,Adv. Ms. Gwen KB,Adv. For Ms. Abha R. Sharma,Adv. Mr. Shyam Divan, Sr. Adv. Mr. Sanjay Kharde,Adv. For Mr. Amol Nirmalkumar Suryawanshi,Adv. Mr. Shekhar Naphade,Sr.Adv. Mr. Krishan Kumar,Adv. Mr. Siddhesh Kotwal, Adv. Mr. Kuldeep S. Parihar,Adv. For Mr. H.S. Parihar,Adv. Mr. M.Y. Deshmukh,Adv. For Mr. R.P. Goyal,Adv. Mr. Debmalya Banerjee, Adv. Ms. Jasmeet Singh, Adv. Mrs. Manik Karanjawala, Adv. 27Ms. J. Saran, Adv.Mr. Uday B. Dube,Adv.Mr. Shankar Chillarge,Adv.For Mr. A.P. Mayee,Adv.Ms. Vibha Datta Makhija,Sr.Adv.Ms. R. Singhania,Adv.Mr. Praveen Chaturvedi,Adv.M/s. K.J. John & Co.,Advs.Mr. Niraj Sharma,Adv.Mr. M.T. George,Adv.Ms. Sunita Sharma,Adv.Ms. Sushma Suri,Adv.Mr. Shreekant N. Terdal,Adv.Ms. Praveena Gautam,Adv.
Mr. Deepak Tyagi,Adv.Ms. Pusshp Gupta,Adv.Mr. P.I. Jose,Adv.Mr. Alok K. Prasad,Adv.Mr. Vishwanath Bahuguna,Adv.Mr. Shivaji M. Jadhav,Adv.For M/s. S.M. Jadhav & Co.,Advs.Mr. R. Basant,Sr.Adv.Mr. C.K. Sasi,Adv.Mr. Karthik Ashok,Adv.Mr. Yash Pal Dhingra,Adv.Mr. Tapesh Kumar Singh,Adv.Ms. Rajani K. Prasad,Adv.For Ms. Annapoorani,Adv.Mr. Yadunandan Bansal,Adv.For Mr. Abhijat P. Medh,Adv.Mr. Anil Kumar Mishra,Adv.Mr. Shekhar Naphade,Sr.Adv.Mr. Chinmoy Khaladkar,Adv.Mr. Preshit Surshe,Adv.Mr. Arjun Krishnan,Adv. 28Mr. Viraj Kadam, Adv.Mr. D.M. Nargolkar,Adv.Mr. Piyush Sharma,Adv.Mr. D. Bharat Kumar,Adv.Mr. Sayooj Mohandas M.,Adv.For Mr. Abhijit Sengupta,Adv.Mr. Vatsal Shah,Adv.Mr. S. Aravindh,Adv.Mr. Vimal Pani, Adv.For Mr. Senthil Jagadeesan,Adv.Mr. B. Subrahmanya Prasad,Adv.Mr. Suresh Dutt Dobhal,Adv.Mr. Subramonium Prasad,Adv.Mr. V.N. Raghupathy,Adv.Mr. Rajeev K. Pandey,Adv.For Mr. Rajeev Maheshwaranand Roy,Adv.Mr. Nirnimesh Dube,Adv.Mr. Pravin Satale,Adv.For Mr. Rajiv Shankar Dwivedi,Adv.Mr. Ravindra Keshavrao Adsure,Adv.(Not present)Ms. Hemantika Wahi,Adv.Mr. S.N. Bhat,Adv.Ms. Anuradha Mutatkar,Adv.
Mr. Sudhanshu S. Choudhari,Adv.Mr. Avijit Saxena,Adv.For M/s. Karanjawala & Co.,Advs.Mr. M.P. Vinod,Adv.Ms. Neelam S.,Adv.Mr. Dileep Pillai,Adv.Mr. Atul,Adv.Mr. Rajesh Mahale,Adv.Mr. Parvesh Thakur,Adv. 29Ms. Gargi Khanna,Adv.Ms. Anil Katiyar,Adv.Mr. Manish Pitale,Adv.Mr. Wasi Haider,Adv.For C.S. Ashri,Adv.Mr. Chinmoy Khaladkar,Adv.Ms. Neha Sharma,Adv.For Mr. Deeptakirti Verma,Adv.Mr. Tushar Mehta, ASGMr. B. B. Sawhney, Sr. Adv.Mr. R.K. Verma,Adv.Ms. Sunita Sharma, Adv.Mr. T.N. Razdan,Adv.Mr. Sonal Jain,Adv.Mr. Rajiv M. Brahma,Adv.Mr. Sachin Patil,Adv.For Mr. Shriram P. Pingle,Adv.Mr. Lalit Bhasin,Adv.Ms. Nina Gupta,Adv.Mr. Mudit Sharma,Adv.Mr. Parvez A. Khan,Adv.For Mr. P.V. Yogeswarn,Adv.Mr. Rishi Maheshwari,Adv.Ms. Anne Mathew,Adv.Mr. Raj Kumar Kaushik,Adv.For Mr. P.S. Sudheer,Adv.Mr. Anil Nag,Adv.Mr. Gaurav Sharma,Adv.Ms. Amandeep Kaur, Adv.Mr. Prateek Bhatia, Adv.Ms. Sushma Suri, Adv.Ms. A. Sumathi,Adv.Mr. Ashok K. Mahajan,Adv.Mr. K. Rajeev,Adv .Mr. Mohit Kumar Shah,Adv.M/s. Dua Associates,Advs. 30 Ms. Bharati Tyagi,Adv.
Mr. Anil Kumar Sangal,Adv. UPON hearing counsel the Court made the following O R D E RW.P.(C)NO.461/2012 Heard the learned counsel. The learned counsel for the petitioner would like tofile reply to I.A.No.2/2015 (For directions) filed by theRespondent-Creditor. He may file the same within two weeks from today. The ad-interim relief granted on 29.10.2012 ismodified to the effect that the petitioners shall pay 25% ofthe amount payable as on 01.01.2015 as calculated by therespondent-Bank or the assignee of the debt, who has beenimpleaded as party-respondent, within six weeks from todayand further 25% of the amount within six weeks thereafter. If the amount is not paid, as directed hereinabove,the interim relief granted in favour of the petitionersshall stand vacated. List the matter on 19.03.2015 at 10.30 A.M.C.A.No.2440/2011 It has been submitted by the learned counsel for theappellant that the appellant had borrowed money from ninedifferent Cooperative Banks. Out of the nine Banks, eightBanks have already been paid their dues and as far as the 9 th 31Bank is concerned, the appellant is negotiating with them. In the circumstances, no further order is required tobe passed. List the matter on 19.03.2015 at 10.30 AM.W.P. (C) No. 37 of 2013 The Writ Petition is disposed of in terms of thesigned non-reportable Judgment.W.P. (C) No. 51 of 2013 The Writ Petition is disposed of in terms of thesigned order.
W.P. (C) No. 52 of 2013 The Writ Petition is disposed of in terms of thesigned order.W.P. (C) No. 58 of 2013 The Writ Petition is disposed of in terms of thesigned order.Civil Appeal No. 5683 of 2009 The Civil Appeal is disposed of as withdrawn in termsof the signed order.W.P. (C) 367 of 2011 The Writ Petition and I.A.No. 12 (for directions) aredisposed of in terms of the signed non-reportable Judgment.SLP (C) No. 21260 of 2011 Leave granted. 32 The Civil Appeal is disposed of in terms of the signednon-reportable Judgment.SLP(C) Nos.18732-18733 of 2012 Leave granted. The Civil Appeals are disposed of as allowed in termsof the signed non-reportable Judgment.W.P. (C) No. 378 of 2011 The order passed in this Writ Petition on 18.02.2015is modified in terms of the signed order. Rest of the matters be listed on 19.03.2015 at 10.30AM (for whole day). (Jayant Kumar Arora) (Sneh Bala Mehra) Sr. P.A. Assistant Registrar(5 Signed orders and 4 non-reportable Judgments are placed on the file)
ä 1 Non-Reportable IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (C) No. 37 OF 2013 MOHAMMED HUSSAIN WAREKAR Petitioner(s) VERSUS UNION OF INDIA & ORS. Respondent(s) J U D G M E N T ANIL R. DAVE, J. 1. It has been submitted by the learned counsel for the petitioner that two appeals which have been filed by the petitioner, being CCI/568/1988 and CCI/569/1988, are pending before the First Cooperative Court at Mumbai. 2. We direct the said Court to dispose of the aforesaid appeals within four months from the date of intimation of this order to it. 3. Till the appeals are decided, ad-interim relief granted by this Court shall continue. 4. In view of the above directions, this Writ Petition is disposed of. 5. An intimation of this order be sent to the aforesaid Court forthwith. .......................J.Signature Not Verified [ ANIL R. DAVE ]Digitally signed byJayant Kumar AroraDate: 2015.04.0711:08:04 IST .......................J.Reason: [ KURIAN JOSEPH ] New Delhi; March 10, 2015. 2 IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (C) No. 51 OF 2013M/S J.K.STEEL & CO. AND ORS. Petitioner(s)
VERSUSUNION OF INDIA & ORS. Respondent(s) O R D E R The learned counsel for the petitioners hassubmitted that the petitioners have settled theirdisputes with the respondent-Bank out of the Courtand, therefore, the learned counsel does not want topress this petition. The Writ Petition is, accordingly, disposed ofas not pressed. .......................J. [ ANIL R. DAVE ] .......................J. [ KURIAN JOSEPH ]New Delhi;March 10, 2015. 3 IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (C) No. 52 OF 2013M/S J.K.EROS & ORS. Petitioner(s) VERSUSUNION OF INDIA & ORS. Respondent(s) O R D E R The learned counsel for the petitioners hassubmitted that the petitioners have settled theirdisputes with the respondent-Bank out of the Courtand, therefore, the learned counsel does not want topress this petition. The Writ Petition is, accordingly, disposed ofas not pressed. .......................J. [ ANIL R. DAVE ] .......................J. [ KURIAN JOSEPH ]New Delhi;
March 10, 2015. 4 IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (C) No. 58 OF 2013MR. KARTIK KIRIT GANCHI & ORS. Petitioner(s) VERSUSUNION OF INDIA & ORS. Respondent(s) O R D E R The learned counsel for the petitioners hassubmitted that the petitioners have settled theirdisputes with the respondent-Bank out of the Courtand, therefore, the learned counsel does not want topress this petition. The Writ Petition is, accordingly, disposed ofas not pressed. .......................J. [ ANIL R. DAVE ] .......................J. [ KURIAN JOSEPH ]New Delhi;March 10, 2015. 5 IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (C) No. 378 OF 2011M/S JAYANT BROTHERS & ENGG. CO.P.LTD& ORS. Petitioner(s) VERSUSUNION OF INDIA & ORS. Respondent(s) O R D E R The order passed in this Writ Petition on18.02.2015 be read as under :- "The learned counsel for the petitioner(s) seeks permission to withdraw the petition so as to file a fresh petition in view of the subsequent development in the matter. Permission is granted.
The petition is disposed of as withdrawn." .......................J. [ ANIL R. DAVE ] .......................J. [ KURIAN JOSEPH ]New Delhi;March 10, 2015. 6 IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 5683 OF 2009BHAGWANDAS SUPDURAM TOTALA Appellant (s) VERSUSTHE STATE OF MAHARASHTRA & ANR. Respondent(s) O R D E R The learned counsel for the appellant hassubmitted that the disputes between the appellant andthe respondent-Bank have been settled out of theCourt and, therefore, he seeks leave to withdraw thisCivil Appeal. Permission is granted. The Civil Appeal is, accordingly, disposed of aswithdrawn. .......................J. [ANIL R. DAVE ] .......................J. [ KURIAN JOSEPH ]New Delhi;March 10, 2015. 7 NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 2874-75 of 2015 (Arising out of SLP(C)Nos.18732-18733 OF 2012)V. KRISHNASWAMY & ANR. ... APPELLANTS VS.
KARNATAKA RAJYA KAIGARIKA SAHAKARI BANKNIYAMITA & ORS. ETC. ... RESPONDENTS J U D G M E N TANIL R. DAVE, J.1. Leave granted.2. It has been submitted by the learned counsel for theappellants that the dispute with regard to the amountpayable by the appellants is pending before the JointRegistrar of the Cooperative Societies at Bangalore inCase Application No.A(I&M):D-7:1366:2000-2001. We directthat the said case shall be decided by the Joint Registrarwithin six months from the date of intimation of this orderto the Joint Registrar.3. Till the aforesaid proceedings are completed, nocoercive steps shall be taken under the provisions of the 8Securitization and Reconstruction of Financial Assets andEnforcement of Security Interest Act, 2002 (SARFAESI Act),for recovery of the amount.4. Interim relief granted by this Court shall cease tooperate when the afore-stated case is decided.5. In view of the above directions, the appeals standdisposed of as allowed to the above extent with no order asto costs. ..............J. [ANIL R. DAVE] ..............J. [KURIAN JOSEPH]New Delhi;10h March, 2015. 9 NON-REPORTABLE IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION CIVIL APPEAL NO. 2822 OF 2015 (Arising out of SLP(C)NO.21260 OF 2011)ARUNBHAI KALYANBHAI SUTARIYA ... APPELLANT VS.NUTAN NAGRIK SAHAKARI BANK LTD & ANR. ... RESPONDENTS J U D G M E N TANIL R. DAVE, J.1. Leave granted.2. Upon hearing the learned counsel, we have learnt thatthe appellant has already filed an appeal before the DebtsRecovery Tribunal at Ahmedabad (DRT), being SecuritisationAppeal No.38 of 2001, which is pending. Similarly, theRespondent-Bank has also filed an appeal before the GujaratState Cooperative Tribunal against order dated 4th November,2003, passed by the learned Board of Nominees at Ahmedabadin Lavad Case No.39 of 2000.3. As both appeals are pending, we would not like toentertain this appeal on merits. We direct the DRT and 10the Gujarat State Cooperative Tribunal to decide theappeals pending before them within three months from thedate of receipt of a copy of this order.4. During the pendency of afore-stated appeals beforethe Appellate Authorities, no coercive steps shall be takenfor recovery of the amount under the provisions of theSecuritization and Reconstruction of Financial Assets andEnforcement of Security Interest Act, 2002 (SARFAESI Act).5. The question of law with regard to applicability ofthe SARFAESI Act, 2002 and the Multi-State CooperativeSocieties Act, 2002, is kept open.6. The Registry shall give intimation of this order to
the afore-stated authorities.7. In view of the above order, the appeal standsdisposed of with no order as to costs. ..............J. [ANIL R. DAVE] ..............J. [KURIAN JOSEPH]New Delhi;10h March, 2015. 11 NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (C) NO.367 OF 2011ST. MARY'S HOTEL (P) LTD. & ANR. ... PETITIONERS VS.KOTTAYAM DIST. COOP. BANK LTD. & ORS. ... RESPONDENTS J U D G M E N TANIL R. DAVE, J.1. At the time of hearing of this petition, it has beensubmitted that Petitioner No.1 has already filed an appealbefore the Debt Recovery Appellate Tribunal at Chennai(DRAT) and the said appeal, being AIR (SA) 230/2011, ispending. In the afore-stated appeal an interim order hadbeen passed whereby the petitioner had been directed topay Rs.65 lakhs (Rupees sixty five lakhs) by way ofpre-deposit. At that stage, Writ Petition No.367/2011 hadbeen filed in this Court. In pursuance of an interim orderpassed by this Court, a sum of Rs.2 crores (Rupees twoCrores) has been paid by the petitioners to therespondent-Bank and the said amount has been kept in aseparate account by the respondent-Bank. 122. As the petitioners have already paid more than Rs.65lakhs (Rupees sixty five lakhs), we direct that the amountwhich has been deposited in a separate account by therespondent-Bank, shall be appropriated towards the dues of
the petitioners.3. It would not be necessary for the petitioners to paya further sum of Rs.65 lakhs as directed by the Tribunal.The Tribunal shall decide the appeal which is pendingbefore it, preferably within three months from the date ofreceipt of a copy of this order. During the pendency ofafore-stated appeal before the DRAT, no coercive stepsshall be taken for recovery of the amount under theprovisions of the Securitization and Reconstruction ofFinancial Assets and Enforcement of Security Interest Act,2002 (SARFAESI Act).4. The question of law with regard to the SARFAESI Act,2002 and the Multi-State Cooperative Societies Act, 2002,is kept open.5. The Registry shall give intimation of this order tothe Tribunal. 136. The writ petition and I.A.12 (For directions) standdisposed of accordingly. ..............J. [ANIL R. DAVE] ..............J. [KURIAN JOSEPH]New Delhi;10h March, 2015. 14 CORRECTEDITEM NO.101 COURT NO.3 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No(s). 5674/2009PANDURANG GANPATI CHAUGULE Appellant(s) VERSUSVISHWASRAO PATIL MURGUD SAHAKARI BANK L. Respondent(s)(with interim relief and office report)
(For Final Disposal)WITHC.A. No. 5675/2009(With Interim Relief and Office Report) C.A. No. 5681/2009(With Office Report) C.A. No. 5682/2009(With Interim Relief and Office Report) C.A. No. 5683/2009(With application for vacating interim relief and interim Reliefand Office Report) C.A. No. 5684/2009(With application for directions and Interim Relief) SLP(C) No. 25929/2009(With Interim Relief and Office Report) SLP(C) No. 25930/2009(With appln.(s) for directions and Interim Relief and OfficeReport) W.P.(C) No. 318/2010(With Office Report) C.A. No. 1468/2010(With application for exemption from filing O.T. and vacatingstay) C.A. No. 4391/2010 15(With application for permission to file counter affidavit andOffice Report) C.A. No. 7410/2010 SLP(C) No. 24309/2010 SLP(C) No. 29859/2010(With application for leave to place on record the subsequentdevelopments and withdrawal and Interim Relief and Office Report) W.P.(C) No. 41/2011(With Office Report) W.P.(C) No. 220/2011(With Office Report) W.P.(C) No. 293/2011(With appln.(s) for directions and Office Report) W.P.(C) No. 306/2011(With appln.(s) for directions and Office Report) W.P.(C) No. 308/2011(With appln.(s) for directions and Office Report) W.P.(C) No. 338/2011(With Office Report) W.P.(C) No. 367/2011(With Office Report) W.P.(C) No. 375/2011
(With Office Report) W.P.(C) No. 411/2011(With Office Report) C.A. No. 2440/2011(With appplication for directions and permission to fileadditional documents and stay and vacating stay and office report) SLP(C) No. 7295-7298/2011(With Office Report) SLP(C) No. 21260/2011(With Interim Relief and modification of Court's order and interimrelief and Office Report) SLP(C) No. 22304-22305/2011(With application for exemption from filing c/c of the impugned 16Judgment and Office Report) SLP(C) No. 24479-24480/2011(With Interim Relief and Office Report) W.P.(C) No. 5/2012(With appln.(s) for directions and Office Report) W.P.(C) No. 48/2012(With appln.(s) for amendment of the petition and appln.(s) forstay and Office Report) W.P.(C) No. 97/2012(With appln.(s) for directions and Office Report) W.P.(C) No. 103/2012(With appln.(s) for directions and Office Report) W.P.(C) No. 122/2012(With appln.(s) for vacating stay and Office Report) W.P.(C) No. 199/2012(With Office Report) W.P.(C) No. 250/2012(With Office Report) W.P.(C) No. 291/2012(With Office Report) W.P.(C) No. 386/2012(With Office Report) W.P.(C) No. 460/2012(With appln.(s) for directions and Office Report) W.P.(C) No. 461/2012(With appln.(s) for stay and appln.(s) for directions and OfficeReport) W.P.(C) No. 487/2012(With Office Report) W.P.(C) No. 537/2012 W.P.(C) No. 554/2012(With appln.(s) for directions and Office Report) SLP(C) No. 18732-18733/2012
(With Interim Relief and Office Report) 17 SLP(C) No. 24276/2012(With Interim Relief and Office Report) SLP(C) No. 30568/2012(With Interim Relief and Office Report) W.P.(C) No. 7/2013(With appln.(s) for directions and Office Report) W.P.(C) No. 36/2013(With Office Report) W.P.(C) No. 37/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 51/2013(With appln.(s) for stay and appln.(s) for clarification ofcourt's order and Office Report) W.P.(C) No. 52/2013(With appln.(s) for clarification of court's order and appln.(s)for stay and Office Report) W.P.(C) No. 58/2013(With appln.(s) for clarification of court's order and appln.(s)for stay and Office Report) W.P.(C) No. 111/2013(With appln.(s) for directions and Office Report) W.P.(C) No. 112/2013(With appln.(s) for directions and Office Report) W.P.(C) No. 138/2013(With Office Report) W.P.(C) No. 146/2013(With Office Report) W.P.(C) No. 151/2013(With Office Report) W.P.(C) No. 175/2013(With Office Report) W.P.(C) No. 179/2013(With Office Report) W.P.(C) No. 181/2013 W.P.(C) No. 191/2013 18(With appln.(s) for vacation of ex-parte stay and appln.(s) fordirections and Office Report) W.P.(C) No. 192/2013(With appln.(s) for directions and Office Report) W.P.(C) No. 201/2013(With Office Report) W.P.(C) No. 233/2013(With appln.(s) for substitution of respondent and Office Report) W.P.(C) No. 236/2013
(With appln.(s) for substitution of respondent and Office Report) W.P.(C) No. 238/2013(With appln.(s) for substitution of respondent and Office Report) W.P.(C) No. 248/2013(With Office Report) W.P.(C) No. 250/2013(With Office Report) W.P.(C) No. 253/2013(With appln.(s) for vacating stay and Office Report) W.P.(C) No. 264/2013(With application for impleadment and stay and Office Report) W.P.(C) No. 265/2013(With appln.(s) for directions and Office Report) W.P.(C) No. 266/2013(With Office Report) W.P.(C) No. 270/2013(With appln.(s) for directions and Office Report) W.P.(C) No. 271/2013(With appln.(s) for directions and Office Report) W.P.(C) No. 279/2013(With Office Report) W.P.(C) No. 280/2013(With application for stay and Office Report) W.P.(C) No. 284/2013 CONMT.PET.(C) No. 320/2013 In SLP(C) No. 15507/2013 19 W.P.(C) No. 353/2013(With Office Report) W.P.(C) No. 452/2013(With Office Report) W.P.(C) No. 469/2013(With Office Report) W.P.(C) No. 588/2013(With Office Report) W.P.(C) No. 753/2013(With Office Report) W.P.(C) No. 758/2013(With Office Report) W.P.(C) No. 761/2013(With Office Report) W.P.(C) No. 762/2013(With Office Report) W.P.(C) No. 800/2013(With Office Report) W.P.(C) No. 819/2013
(With Office Report) W.P.(C) No. 868/2013(With appln.(s) for directions and appln.(s) for vacating stay andOffice Report) W.P.(C) No. 877/2013(With Office Report) W.P.(C) No. 922/2013(With appln.(s) for directions and appln.(s) for permission tofile additional documents and Office Report) W.P.(C) No. 1007/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 1037/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 1043/2013(With Office Report) 20 W.P.(C) No. 1044/2013(With Office Report) W.P.(C) No. 1045/2013(With Office Report) SLP(C) No. 12916/2013(With Interim Relief and Office Report) SLP(C) No. 13100/2013(With application for modification of court's order and vacatinginterim relief and Interim Relief and Office Report) SLP(C) No. 15507/2013(With appln.(s) for directions and interim relief and permissionto file additional documents and vacating stay and exemption fromfiling O.T. and appln.(s) for impleadment and Office Report) SLP(C) No. 15634-15635/2013(With application for c/delay in filing SLP and Office Report) SLP(C) No. 17054/2013(With Interim Relief and Office Report) SLP(C) No. 18775/2013(With Interim Relief and Office Report) SLP(C) No. 18777/2013(With Interim Relief and Office Report) SLP(C) No. 25126/2013(With Interim Relief) SLP(C) No. 29720/2013(With Office Report) SLP(C) No. 29721/2013(With Office Report) SLP(C) No. 35137/2013(With Interim Relief and Office Report) W.P.(C) No. 5/2014(With Office Report) W.P.(C) No. 10/2014
(With Office Report) W.P.(C) No. 33/2014(With appln.(s) for impleadment and Office Report) 21 W.P.(C) No. 120/2014 W.P.(C) No. 142/2014(With appln.(s) for ex-parte stay and Office Report) W.P.(C) No. 168/2014(With appln.(s) for vacating stay and appln.(s) for stay andOffice Report) W.P.(C) No. 169/2014(With appln.(s) for stay and appln.(s) for vacating stay andOffice Report) W.P.(C) No. 208/2014(With appln.(s) for stay and Office Report) W.P.(C) No. 352/2014(With appln.(s) for directions and Office Report) W.P.(C) No. 408/2014(With Office Report) W.P.(C) No. 417/2014(With appln.(s) for stay and Office Report) W.P.(C) No. 420/2014(With Office Report) W.P.(C) No. 421/2014(With appln.(s) for stay and appln.(s) for vacating stay andOffice Report) W.P.(C) No. 492/2014(With Office Report) W.P.(C) No. 712/2014(With appln.(s) for vacating stay and Office Report) W.P.(C) No. 714/2014(With Office Report) W.P.(C) No. 754/2014(With Office Report) W.P.(C) No. 756/2014(With appln.(s) for directions and Office Report) W.P.(C) No. 779/2014(With appln.(s) for exemption from filing O.T. and appln.(s) forstay and appln.(s) for vacation of ex-parte stay and OfficeReport) 22 S.L.P.(C)...CC No. 7586/2014(With appln.(s) for c/delay in filing SLP and Office Report) W.P.(C) No. 795/2014(With Office Report) W.P.(C) No. 849/2014(With appln.(s) for vacating interim order and Office Report)
W.P.(C) No. 838/2014(With appln.(s) for vacating interim order and Office Report) W.P.(C) No. 827/2014(With Office Report) W.P.(C) No. 929/2014(With appln.(s) for interim relief and Office Report) SLP(C) No. 32589/2014 W.P.(C) No. 26/2015(With Office Report) W.P.(C) No. 1020/2014(With application for directions and Office Report)Date : 10/03/2015 These matters were called on for hearing today.CORAM : HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE KURIAN JOSEPHFor Appellant(s) Mr. Santosh,Adv. Mr. M. Khairati,Adv. For Mr. Gaurav Agrawal,Adv. Mr. Nikhil Nayyar,Adv. Mr. Dhananjay Baijal, Adv. Ms. Akanksha, Adv. Mr. N. Sai Vinod, Adv. Mr. Satyajit A. Desai, Adv. Mr. Akash Kakade,Adv. For Ms. Anagha Desai,Adv. Mr. S. R. Singh, Sr. Adv. Mr. D. N. Dubey, Adv. Mr. Ujjawal Pandey,Adv. Ms. Vandita Rai,Adv. For Asha Gopalan Nair,Adv. 23Mr. Dhruv Mehta, Sr. Adv.Mr. Devansh A. Mohta,Adv.Mr. Shishir Deshpande,Adv.Mr. Amit Yadav,Adv.For Ms. Sujata Kurdukar,Adv.Mr. Sunil Kumar Verma,Adv.Ms. Chandan Ramamurthi,Adv.(Not present)Mr. Ajit K. Sinha, Sr. Adv.Mr. R. Sudhinder,Adv.Mr. Dattatray Vyas, Adv.Mr. Abhishek Prasad,Adv.Mr. Ashok Mathur,Adv.Mr. T. N. Singh, Adv.Mr. Randhir Kumar, Adv.Mr. Tarkeshwar Nath,Adv.For Mr. R.P. Goyal,Adv.Mr. Saurabh Devkaran Singh,Adv.For Mr. Jayant K. Mehta,Adv.Ms. Madhavi Khare, Adv.Mr. K.L. Taneja,Adv.
Ms. Purti M.,Adv.For Mr. A. Venayagam Balan,Adv.Mr. Manohar Lal Sharma, Adv.Ms. Suman, Adv.Mr. Pradhuman Gohil,Adv.Mr. Vikash Singh,Adv.Ms. Taruna Singh,Adv.Mr. Jaikriti S. Jadeja,Adv.Ms. Charu Mathur,Adv.Ms. Prabuddha Sharma, Adv.Mr. Chirag M. Shroff,Adv.Mr. Jitendra Ranawat,Adv.Ms. Mahima Shroff,Adv.Ms. Swati Vaibhav,Adv.Mr. Vikash Sinha,Adv.Mr. Satpal Singh,Adv.Mr. A.S. Chobe,Adv.Mr. P.K. Singh,Adv. 24Mr. Vijay Kumar,Adv.Mr. Rabin Majumder,Adv.Mr. S. Sadasiva Reddy,Adv.For Ms. S. Usha Reddy,Adv.Mr. K. V. Vishwanathan, Sr. Adv.Mr. P.K. Manohar,Adv.Mr. Jayanth Muth Raj,Adv.Ms. Malavika J.,Adv.Mr. Sureshan P.,Adv.Mr. Vishwajit Singh,Adv.(Not present)Mr. H. Chandra Sekhar,Adv.Mr. Santhosh Krishnan,Adv.Mr. Marsook Bafaki, Adv.For Mr. Nikhil Goel,Adv.Mr. Jatin Zaveri,Adv.Mr. Neel Kamal Mishra,Adv.Mr. Ranjan Sabharwal,Adv.Mr. Raghav Sabharwal,Adv.For Mr. Bankey Bihari Sharma,Adv.Ms. Ankita Jain,Adv.Ms. Amrita Mishra,Adv.Mr. Ravi Mishra,Adv.For Mr. Jay Savla,Adv.Mr. Lakshmi Raman Singh,Adv.(Not present)Mr. Sarad Kumar Singhania,Adv.Mr. Santosh Paul,Adv.Mr. Arvind Gupta,Adv.Mr. Krishna Kumar, Adv.Mr. Harish Pandey,Adv.Mr. Sheen,Adv.Mr. Shubham Agarwal,Adv.
Mr. N.D.B. Raju,Adv.For Mr. N. Ganpathy,Adv.Mr. S. Ravi Shankar,Adv.Ms. Sangeeta Singh, Adv.Mr. Amar Dave, Adv. 25Mr. Rishi Maheshwari,Adv.For Mr. P.S. Sudheer,Adv.Mr. Amol Chitale,Adv.Ms. Pragya Baghel,Adv.Ms. Jaya Khanna,Adv.Dr. A. M. Singhvi, Sr. Adv.Ms. Neela Gokhale,Adv.Ms. Kamakshi S. Mehlwal,Adv.Mr. M. Khairati,Adv.For Mr. Irshad Ahmad,Adv.Mr. Santosh Paul,Adv.Mr. Arvind Gupta,Adv.Mr. Harish Pandey, Adv.Mr. Shubham Aggarwal, Adv.For Mr. M.J. Paul,Adv.Mr. Mathew J. Nedupara, Adv.Mr. Joydeep Mukherjee,Adv.Mr. Rabin Majumder,Adv.Mr. Garvesh Kabra,Adv.Ms. Pooja Kabra,Adv.Mr. Anirudh Sanganeria,Adv.Mr. Mukul Kumar,Adv.Mr. V.K. Biju, Adv.Mr. D. P. Singh, Adv.Ms. Sonam Gupta,Adv.Mr. Salil Bhattacharya,Adv.Mr. Raj Kirah Vats,Adv.Mr. R.P. Vyas, Adv.Ms. Kanika Khurana, Adv.For Mr. Sanjay Jain,Adv.Mr. Ankur S. Kulkarni,Adv.Mr. M. Gireesh Kumar,Adv.For Mr. S.K. Kulkarni,Adv.Mr. Ankur Saigal, Adv.Mr. Mahesh Agarwal, Adv.Mr. Rishi Agrawala, Adv.Mr. E.C. Agrawala, Adv.Mr. Jiten Mehra, Adv.Mr. Vikrant Pachnanda, Adv. 26 Mr. Vipin Nair,Adv. Mr. P.B. Suresh,Adv. Mr. Vishnu Shankar Jain,Adv. Mr. Udayaditya Banerjee,Adv. For M/s. Temple Law Firm,Advs. Ms. Garima Prashad,Adv.
Mr. S. S. Ray, Adv. Mr. Vaibhav Gulia,Adv. For Ms. Rakhi Ray,Adv. Mr. Atul Babasaheb Dakh,Adv. Ms. Rashmi Singh,Adv. Mr. V.K. Biju,Adv. Mr. Santosh Krishnan,Adv. Mr. Vineet Bhagat,Adv. Mr. Udayan Jain,Adv. Mr. Ajay Kumar Singh,Adv. Mr. Vishal Balecha, Adv.For Respondent(s) Mr. Shekhar Naphade,Sr.Adv. Mr. Chinmoy Khaladkar, Adv. Mr. Preshit Surshe, Adv. Mr. Vinay Navare,Adv. Mr. Satyajeet Kumar,Adv. Mr. Keshav Ranjan,Adv. Ms. Gwen KB,Adv. For Ms. Abha R. Sharma,Adv. Mr. Shyam Divan, Sr. Adv. Mr. Sanjay Kharde,Adv. For Mr. Amol Nirmalkumar Suryawanshi,Adv. Mr. Shekhar Naphade,Sr.Adv. Mr. Krishan Kumar,Adv. Mr. Siddhesh Kotwal, Adv. Mr. Kuldeep S. Parihar,Adv. For Mr. H.S. Parihar,Adv. Mr. M.Y. Deshmukh,Adv. For Mr. R.P. Goyal,Adv. Mr. Debmalya Banerjee, Adv. 27Ms. Jasmeet Singh, Adv.Mrs. Manik Karanjawala, Adv.Ms. J. Saran, Adv.Mr. Uday B. Dube,Adv.Mr. Shankar Chillarge,Adv.For Mr. A.P. Mayee,Adv.Ms. Vibha Datta Makhija,Sr.Adv.Ms. R. Singhania,Adv.Mr. Praveen Chaturvedi,Adv.M/s. K.J. John & Co.,Advs.Mr. Niraj Sharma,Adv.Mr. M.T. George,Adv.Ms. Sunita Sharma,Adv.Ms. Sushma Suri,Adv.Mr. Shreekant N. Terdal,Adv.Ms. Praveena Gautam,Adv.Mr. Deepak Tyagi,Adv.
Ms. Pusshp Gupta,Adv.Mr. P.I. Jose,Adv.Mr. Alok K. Prasad,Adv.Mr. Vishwanath Bahuguna,Adv.Mr. Shivaji M. Jadhav,Adv.For M/s. S.M. Jadhav & Co.,Advs.Mr. R. Basant,Sr.Adv.Mr. C.K. Sasi,Adv.Mr. Karthik Ashok,Adv.Mr. Yash Pal Dhingra,Adv.Mr. Tapesh Kumar Singh,Adv.Ms. Rajani K. Prasad,Adv.For Ms. Annapoorani,Adv.Mr. Yadunandan Bansal,Adv.For Mr. Abhijat P. Medh,Adv.Mr. Anil Kumar Mishra,Adv.Mr. Shekhar Naphade,Sr.Adv.Mr. Chinmoy Khaladkar,Adv. 28Mr. Preshit Surshe,Adv.Mr. Arjun Krishnan,Adv.Mr. Viraj Kadam, Adv.Mr. D.M. Nargolkar,Adv.Mr. Piyush Sharma,Adv.Mr. D. Bharat Kumar,Adv.Mr. Sayooj Mohandas M.,Adv.For Mr. Abhijit Sengupta,Adv.Mr. Vatsal Shah,Adv.Mr. S. Aravindh,Adv.Mr. Vimal Pani, Adv.For Mr. Senthil Jagadeesan,Adv.Mr. B. Subrahmanya Prasad,Adv.Mr. Suresh Dutt Dobhal,Adv.Mr. Subramonium Prasad,Adv.Mr. V.N. Raghupathy,Adv.Mr. Rajeev K. Pandey,Adv.For Mr. Rajeev Maheshwaranand Roy,Adv.Mr. Nirnimesh Dube,Adv.Mr. Pravin Satale,Adv.For Mr. Rajiv Shankar Dwivedi,Adv.Mr. Ravindra Keshavrao Adsure,Adv.(Not present)Ms. Hemantika Wahi,Adv.Mr. S.N. Bhat,Adv.Ms. Anuradha Mutatkar,Adv.
Mr. Sudhanshu S. Choudhari,Adv.Mr. Avijit Saxena,Adv.For M/s. Karanjawala & Co.,Advs.Mr. M.P. Vinod,Adv.Ms. Neelam S.,Adv.Mr. Dileep Pillai,Adv.Mr. Atul,Adv.Mr. Rajesh Mahale,Adv. 29Mr. Parvesh Thakur,Adv.Ms. Gargi Khanna,Adv.Ms. Anil Katiyar,Adv.Mr. Manish Pitale,Adv.Mr. Wasi Haider,Adv.For C.S. Ashri,Adv.Mr. Chinmoy Khaladkar,Adv.Ms. Neha Sharma,Adv.For Mr. Deeptakirti Verma,Adv.Mr. Tushar Mehta, ASGMr. B. B. Sawhney, Sr. Adv.Mr. R.K. Verma,Adv.Ms. Sunita Sharma, Adv.Mr. T.N. Razdan,Adv.Mr. Sonal Jain,Adv.Mr. Rajiv M. Brahma,Adv.Mr. Sachin Patil,Adv.For Mr. Shriram P. Pingle,Adv.Mr. Lalit Bhasin,Adv.Ms. Nina Gupta,Adv.Mr. Mudit Sharma,Adv.Mr. Parvez A. Khan,Adv.For Mr. P.V. Yogeswarn,Adv.Mr. Rishi Maheshwari,Adv.Ms. Anne Mathew,Adv.Mr. Raj Kumar Kaushik,Adv.For Mr. P.S. Sudheer,Adv.Mr. Anil Nag,Adv.Mr. Gaurav Sharma,Adv.Ms. Amandeep Kaur, Adv.Mr. Prateek Bhatia, Adv.Ms. Sushma Suri, Adv.Ms. A. Sumathi,Adv.Mr. Ashok K. Mahajan,Adv.Mr. K. Rajeev,Adv .Mr. Mohit Kumar Shah,Adv. 30 M/s. Dua Associates,Advs. Ms. Bharati Tyagi,Adv.
Mr. Anil Kumar Sangal,Adv. UPON hearing counsel the Court made the following O R D E RW.P.(C)NO.461/2012 Heard the learned counsel. The learned counsel for the petitioner would like tofile reply to I.A.No.2/2015 (For directions) filed by theRespondent-Creditor. He may file the same within two weeks from today. The ad-interim relief granted on 29.10.2012 ismodified to the effect that the petitioners shall pay 25% ofthe amount payable as on 01.01.2015 as calculated by therespondent-Bank or the assignee of the debt, who has beenimpleaded as party-respondent, within six weeks from todayand further 25% of the amount within six weeks thereafter. If the amount is not paid, as directed hereinabove,the interim relief granted in favour of the petitionersshall stand vacated. List the matter on 19.03.2015 at 10.30 A.M.C.A.No.2440/2011 It has been submitted by the learned counsel for theappellant that the appellant had borrowed money from ninedifferent Cooperative Banks. Out of the nine Banks, eight 31Banks have already been paid their dues and as far as the 9 thBank is concerned, the appellant is negotiating with them. In the circumstances, no further order is required tobe passed. List the matter on 19.03.2015 at 10.30 AM.W.P. (C) No. 37 of 2013 The Writ Petition is disposed of in terms of thesigned non-reportable Judgment.W.P. (C) No. 51 of 2013 The Writ Petition is disposed of in terms of thesigned order.W.P. (C) No. 52 of 2013
The Writ Petition is disposed of in terms of thesigned order.W.P. (C) No. 58 of 2013 The Writ Petition is disposed of in terms of thesigned order.Civil Appeal No. 5683 of 2009 The Civil Appeal is disposed of as withdrawn in termsof the signed order.W.P. (C) 367 of 2011 The Writ Petition and I.A.No. 12 (for directions) aredisposed of in terms of the signed non-reportable Judgment.SLP (C) No. 21260 of 2011 32 Leave granted. The Civil Appeal is disposed of in terms of the signednon-reportable Judgment.SLP(C) Nos.18732-18733 of 2012 Leave granted. The Civil Appeals are disposed of as allowed in termsof the signed non-reportable Judgment.W.P. (C) No. 378 of 2011 The order passed in this Writ Petition on 18.02.2015is modified in terms of the signed order. Rest of the matters be listed on 19.03.2015 at 10.30AM (for whole day). (Jayant Kumar Arora) (Sneh Bala Mehra) Sr. P.A. Assistant Registrar(5 Signed orders and 4 non-reportable Judgments are placed on the file)
ITEM NO.601 COURT NO.3 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition(s)(Civil) No(s). 86/2015 RAJINI BRIAN CASTELLINO Petitioner(s) VERSUS CORPORATION BANK AND ORS. Respondent(s) (with appln. (s) for directions) Date : 20/02/2015 This petition was called on for mentioning today. CORAM : HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MRS. JUSTICE R. BANUMATHI For Petitioner(s) Mr. Mathews J. Nedumpara Adv. Mr. Navaneetha Krishnan, Adv. Mr. Nishad L.S., Adv. For Mr. Rabin Majumder, Adv. For Respondent(s) UPON hearing counsel the Court made the following O R D E R Taken on board. Issue notice, returnable on 01.04.2015. Dasti, in addition, is permitted. (Jayant Kumar Arora) Sr. P.A. (Sneh Bala Mehra) Assistant Registrar
IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (C) NO. 40 OF 2011 M/s. Gehlot Creation & Anr. ...Petitioners VS. Union of India & Ors. ...Respondents WITH W.P.(C)Nos.269, 378, 484, 529, 531 of 2011 123, 248, 249, 369, 371, 490, 521 of 2012, 6 of 2013, 240 & 272 of 2014 O R D E R WP(C)No.40/2011 : The learned counsel for the parties have submitted that the dispute between the parties has been settled out of the Court. No further order is hence required to be passed. In the circumstances, the petition stands disposed of as withdrawn along with the applications. The ad-interim relief, if any, granted earlier stands vacated. WP(C)No.269/2011 : The learned counsel for the petitioner(s) seeks permission to withdraw the petition so as to file a fresh petition in view of the subsequent development in the matter. 1
Permission is granted. The petition is disposed of as withdrawn. The ad-interim relief, if any, granted earlier shall continue for four weeks from today. If there is any proposal from the petitioner(s) for settlement, we are sure that this order will not come in the way of the parties to settle the matter. WP(C)No.378/2011 : The learned counsel for the petitioner(s) seeks permission to withdraw the petition. Permission is granted. The petition is disposed of as withdrawn. WP(C)No.484/2011 : The learned counsel for the petitioner(s) seeks permission to withdraw the petition so as to file a fresh petition in view of the subsequent development in the matter. Permission is granted. The petition is disposed of as withdrawn. The ad-interim relief, if any, granted earlier shall continue for four weeks from today. If there is any proposal from the petitioner(s) for settlement, we are sure that this order will not come in the way of the parties to settle the matter. 2
WP(C)No.529 and 531 of 2011 : The learned counsel for the petitioner(s) seeks permission to withdraw the petition. Permission is granted. The petition is disposed of as withdrawn. The ad-interim relief, if any, granted earlier shall stand vacated. WP(C)No.123/2012 : The learned counsel for the petitioner(s) seeks permission to withdraw the petition. Permission is granted. The petition is disposed of as withdrawn. The ad-interim relief, if any, granted earlier shall stand vacated. WP(C)Nos.248 and 249/2012 : The learned counsel for the petitioner(s) seeks permission to withdraw the petition so as to file a fresh petition in view of the subsequent development in the matter. Permission is granted. The petition is disposed of as withdrawn. The ad-interim relief, if any, granted earlier shall continue for four weeks from today. If there is any proposal from the petitioner(s) for settlement, we are sure that this order will not come in the way of the parties to settle the matter. 3
WP(C)No.369, 371, 490 and 521 of 2012 : The learned counsel for the petitioner(s) seeks permission to withdraw the petition so as to file a fresh petition in view of the subsequent development in the matter. Permission is granted. The petition is disposed of as withdrawn. The ad-interim relief, if any, granted earlier shall continue for four weeks from today. If there is any proposal from the petitioner(s) for settlement, we are sure that this order will not come in the way of the parties to settle the matter. WP(C)No.6/2013 : The learned counsel for the petitioner(s) seeks permission to withdraw the petition so as to file a fresh petition in view of the subsequent development in the matter. Permission is granted. The petition is disposed of as withdrawn. The ad-interim relief, if any, granted earlier shall continue for four weeks from today. If there is any proposal from the petitioner(s) for settlement, we are sure that this order will not come in the way of the parties to settle the matter. 4
WP(C)No.240/2014 : The learned counsel for the petitioner(s) seeks permission to withdraw the petition so as to file a fresh petition in view of the subsequent development in the matter. Permission is granted. The petition is disposed of as withdrawn. The ad-interim relief, if any, granted earlier shall continue for four weeks from today. If there is any proposal from the petitioner(s) for settlement, we are sure that this order will not come in the way of the parties to settle the matter. W.P.(C)No.272/2014 : The learned counsel for the petitioners has submitted that the notice has been withdrawn by the Bank and the petition has become infructuous. In view of this the petition stands disposed of as having become infructuous and it is disposed of accordingly. ..............J. [ANIL R. DAVE] ..............J. [KURIAN JOSEPH] New Delhi; 18 th February, 2015. 5
ITEM NO.101+1 COURT NO.3 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Item No.101 : Civil Appeal No.5674/2009 PANDURANG GANPATI CHAUGULE Appellant(s) VERSUS VISHWASRAO PATIL MURGUD SAHAKARI BANK L. Respondent(s) (With interim relief and office report) WITH C.A. No. 5675/2009 (With Interim Relief and Office Report) C.A. No. 5681/2009 (With Office Report) C.A. No. 5682/2009 (With Interim Relief and Office Report) C.A. No. 5683/2009 (With Interim Relief and Office Report) C.A. No. 5684/2009 (With Interim Relief) SLP(C) No. 25929/2009 (With Interim Relief and Office Report) SLP(C) No. 25930/2009 (With appln. for directions and Interim Relief and Office Report) W.P.(C) No. 318/2010 (With appln.(s) for stay and Office Report) C.A. No. 1468/2010 C.A. No. 4391/2010 (With Office Report) C.A. No. 7410/2010 SLP(C) No. 24309/2010 6
SLP(C) No. 29859/2010 (With Interim Relief and Office Report) W.P.(C) No. 40/2011 (With appln.(s) for stay and Office Report) W.P.(C) No. 41/2011 (With appln.(s) for stay, vacating stay and Office Report) W.P.(C) No. 220/2011 (With appln.(s) for stay and Office Report) W.P.(C) No. 269/2011 (With appln.(s) for stay and vacating stay and Office Report) W.P.(C) No. 293/2011 (With appln.(s) for stay, directions and Office Report) W.P.(C) No. 306/2011 (With appln.(s) for stay, directions and Office Report) W.P.(C) No. 308/2011 (With appln.(s) for stay, directions and Office Report) W.P.(C) No. 338/2011 (With appln.(s) for stay and Office Report) W.P.(C) No. 367/2011 (With appln.(s) for directions, interim directions and impleadment and Office Report) W.P.(C) No. 375/2011 (With appln.(s) for stay and Office Report) W.P.(C) No. 378/2011 (With appln.(s) for stay and Office Report) W.P.(C) No. 411/2011 (With appln.(s) for stay and Office Report) W.P.(C) No. 484/2011 (With appln.(s) for stay and vacating interim order and Office Report) W.P.(C) No. 529/2011 (With appln.(s) for stay and vacating interim order and Office Report) W.P.(C) No. 531/2011 (With appln.(s) for vacating interim order and stay and Office Report) 7
C.A. No. 2440/2011 (With Office Report) SLP(C) No. 7295-7298/2011 (With Office Report) SLP(C) No. 21260/2011 (With Interim Relief and Office Report) SLP(C) No. 22304-22305/2011 (With Office Report) SLP(C) No. 24479-24480/2011 (With Interim Relief and Office Report) W.P.(C) No. 5/2012 (With appln.(s) for stay, directions and Office Report) W.P.(C) No. 48/2012 (With appln.(s) for amendment of the petition and stay and Office Report) W.P.(C) No. 97/2012 (With appln.(s) for stay, directions and Office Report) W.P.(C) No. 103/2012 (With appln.(s) for stay, directions and Office Report) W.P.(C) No. 122/2012 (With appln.(s) for stay and Office Report) W.P.(C) No. 123/2012 (With appln.(s) for stay and Office Report) W.P.(C) No. 199/2012 (With appln.(s) for stay and Office Report) W.P.(C) No. 248/2012 (With appln.(s) for stay and vacating interim order and Office Report) W.P.(C) No. 249/2012 (With appln.(s) for stay and Office Report) W.P.(C) No. 250/2012 (With appln.(s) for stay and Office Report) W.P.(C) No. 291/2012 (With appln.(s) for ex-parte stay and Office Report) W.P.(C) No. 293/2012 (With appln.(s) for ex-parte stay and Office Report) 8
W.P.(C) No. 369/2012 (With appln.(s) for stay and Office Report) W.P.(C) No. 371/2012 (With appln.(s) for ex-parte stay and Office Report) W.P.(C) No. 386/2012 (With appln.(s) for stay and Office Report) W.P.(C) No. 460/2012 (With appln.(s) for stay, directions and Office Report) W.P.(C) No. 461/2012 (With appln.(s) for stay, directions and Office Report) W.P.(C) No. 487/2012 (With appln.(s) for stay and Office Report) W.P.(C) No. 490/2012 (With appln.(s) for stay and vacating stay and Office Report) W.P.(C) No. 521/2012 (With appln.(s) for vacating stay and stay and Office Report) W.P.(C) No. 537/2012 (With appln.(s) for stay and permission to file additional documents and Office Report) W.P.(C) No. 554/2012 (With appln.(s) for stay, directions and Office Report) SLP(C) Nos. 18732-18733/2012 (With Interim Relief and Office Report) SLP(C) No. 24276/2012 (With Interim Relief and Office Report) SLP(C) No. 30568/2012 (With Interim Relief and Office Report) W.P.(C) No. 6/2013 (With appln.(s) for vacating stay and stay and Office Report) W.P.(C) No. 7/2013 (With appln.(s) for stay directions and Office Report) W.P.(C) No. 36/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 37/2013 (With appln.(s) for stay and Office Report) 9
W.P.(C) No. 51/2013 (With appln.(s) for stay and clarification of Court's order, stay and Office Report) W.P.(C) No. 52/2013 (With appln.(s) for stay and clarification of Court's order, stay and Office Report) W.P.(C) No. 58/2013 (With appln.(s) for stay and clarification of Court's order and Office Report) W.P.(C) No. 111/2013 (With appln.(s) for stay, directions and Office Report) W.P.(C) No. 112/2013 (With appln.(s) for stay, directions and Office Report) W.P.(C) No. 138/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 146/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 151/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 175/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 179/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 181/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 191/2013 (With appln.(s) for stay and vacation of ex-parte stay directions and Office Report) W.P.(C) No. 192/2013 (With appln.(s) for stay, directions and Office Report) W.P.(C) No. 201/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 233/2013 (With appln.(s) for stay and substitution of respondent and Office Report) W.P.(C) No. 236/2013 (With appln.(s) for stay and substitution of respondent and Office Report) 10
W.P.(C) No. 238/2013 (With appln.(s) for stay and substitution of respondent and Office Report) W.P.(C) No. 248/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 250/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 253/2013 (With appln.(s) for stay and appln.(s) for vacating stay and Office Report) W.P.(C) No. 264/2013 (With appln.(s) for stay and impleadment and Office Report) W.P.(C) No. 265/2013 (With appln.(s) for stay, directions and Office Report) W.P.(C) No. 266/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 270/2013 (With appln.(s) for stay, directions and Office Report) W.P.(C) No. 271/2013 (With appln.(s) for stay, directions and Office Report) W.P.(C) No. 279/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 280/2013 (With Office Report) W.P.(C) No. 284/2013 (With appln.(s) for stay and impleadment and Office Report) CONMT.PET.(C) No. 320/2013 In SLP(C) No. 15507/2013 W.P.(C) No. 353/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 452/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 469/2013 (With Office Report) W.P.(C) No. 588/2013 (With appln.(s) for stay, impleadment and impleadment as party respondent and Office Report) 11
W.P.(C) No. 753/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 758/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 761/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 762/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 800/2013 (With appln.(s) for directions and Office Report) W.P.(C) No. 819/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 868/2013 (With appln.(s) for interim directions and directions and vacating stay) W.P.(C) No. 877/2013 (With appln.(s) for directions and Office Report) W.P.(C) No. 922/2013 (With appln.(s) for directions and Office Report) W.P.(C) No. 1007/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 1037/2013 (With appln.(s) for directions and stay and Office Report) W.P.(C) No. 1043/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 1044/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 1045/2013 (With appln.(s) for stay and Office Report) SLP(C) No. 12916/2013 (With Interim Relief and Office Report) SLP(C) No. 13100/2013 (With Interim Relief and Office Report) SLP(C) No. 15507/2013 (With Office Report) 12
SLP(C) No. 15634-15635/2013 (With Office Report) SLP(C) No. 17054/2013 (With Interim Relief and Office Report) SLP(C) No. 18775/2013 (With Interim Relief and Office Report) SLP(C) No. 18777/2013 (With Interim Relief and Office Report) SLP(C) No. 25126/2013 (With Interim Relief) SLP(C) No. 29720/2013 (With Office Report) SLP(C) No. 29721/2013 (With Office Report) SLP(C) No. 35137/2013 (With Interim Relief and Office Report) W.P.(C) No. 5/2014 (With appln.(s) for stay and Office Report) W.P.(C) No. 10/2014 (With appln.(s) for stay and Office Report) W.P.(C) No. 33/2014 (With appln.(s) for stay and for impleadment and Office Report) W.P.(C) No. 40/2014 (With appln.(s) for directions, vacating stay and Office Report) W.P.(C) No. 120/2014 (With appln.(s) for stay, impleadment and vacating interim relief and Office Report) W.P.(C) No. 142/2014 (With appln.(s) for ex-parte stay and Office Report) W.P.(C) No. 168/2014 (With appln.(s) for vacating stay and stay and Office Report) W.P.(C) No. 169/2014 (With appln.(s) for vacating stay and stay and Office Report) W.P.(C) No. 208/2014 (With appln.(s) for stay and Office Report) 13
W.P.(C) No. 240/2014 (With appln.(s) for stay, directions and Office Report) W.P.(C) No. 272/2014 (With appln.(s) for ex-parte stay and Office Report) W.P.(C) No. 352/2014 (With appln.(s) for stay, directions and Office Report) W.P.(C) No. 408/2014 (With appln.(s) for stay and Office Report) W.P.(C) No. 417/2014 (With appln.(s) for stay and Office Report) W.P.(C) No. 420/2014 (With appln.(s) for stay and Office Report) W.P.(C) No. 421/2014 (With appln.(s) for stay, vacating stay and Office Report) W.P.(C) No. 492/2014 (With appln.(s) for stay and Office Report) W.P.(C) No. 712/2014 (With appln.(s) for stay, vacating stay and Office Report) W.P.(C) No. 714/2014 (With appln.(s) for stay, vacating stay) W.P.(C) No. 754/2014 (With appln.(s) for stay and Office Report) W.P.(C) No. 756/2014 (With appln.(s) for stay, directions and Office Report) W.P.(C) No. 779/2014 (With appln.(s) for stay and exemption from filing O.T. and vacation of ex-parte stay and Office Report) S.L.P.(C)..........CC No. 7586/2014 (With appln.(s) for c/delay in filing SLP and Office Report) W.P.(C) No. 795/2014 (With appln.(s) for stay and Office Report) W.P.(C) No. 849/2014 (With appln.(s) for ex-parte stay and vacating interim order and Office Report) W.P.(C) No. 838/2014 (With appln.(s) for stay, vacating interm order and Office Report) 14
W.P.(C) No. 827/2014 (With appln.(s) for ex-parte stay and Office Report) W.P.(C) No. 929/2014 (With appln.(s) for interim relief and Office Report) SLP(C) No. 32589/2014 W.P.(C) No.26/2015 (With appln.(s) for stay and office report) W.P.(C) No.1020/2014 (With office report) Item No.1 : W.P.(C)No.79 of 2015 (With appln. for stay and office report) Date : 18/02/2015 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE KURIAN JOSEPH For Appellant(s) Mr. Santosh,Adv. Mr. M. Khairati,Adv. For Mr. Gaurav Agrawal,Adv. Mr. Nikhil Nayyar,Adv. Mr. Akash Kakade,Adv. For Ms. Anagha Desai,Adv. Mr. Sunil Kumar Verma,Adv. Ms. Chandan Ramamurthi,Adv.(Not present) Mr. R. Sudhinder,Adv. Mr. Abhishek Prasad,Adv. Mr. Ashok Mathur,Adv.. Mr. Tarkeshwar Nath,Adv. For Mr. R.P. Goyal,Adv. Mr. Saurabh Devkaran Singh,Adv. For Mr. Jayant K. Mehta,Adv. Mr. K.L. Taneja,Adv. 15
Ms. Purti M.,Adv. For Mr. A. Venayagam Balan,Adv. Mr. Pradhuman Gohil,Adv. Mr. Vikash Singh,Adv. Ms. Taruna Singh,Adv. Mr. Jaikriti S. Jadeja,Adv. Ms. Charu Mathur,Adv. Mr. Chirag M. Shroff,Adv. Mr. Jitendra Ranawat,Adv. Ms. Mahima Shroff,Adv. Ms. Swati Vaibhav,Adv. Mr. Vikash Sinha,Adv. Mr. Satpal Singh,Adv. Mr. A.S. Chobe,Adv. Mr. P.K. Singh,Adv. Mr. Vijay Kumar,Adv. Mr. Rabin Majumder,Adv. Mr. S. Sadasiva Reddy,Adv. For Ms. S. Usha Reddy,Adv. Mr. P.K. Manohar,Adv. Mr. Jayanth Muth Raj,Adv. Ms. Malavika J.,Adv. Mr. Sureshan P.,Adv. Mr. Vishwajit Singh,Adv.(Not present) Mr. H. Chandra Sekhar,Adv. Mr. Santhosh Krishnan,Adv. For Mr. Nikhil Goel,Adv. Mr. Devansh A. Mohta,Adv. Mr. Shishir Deshpande,Adv. Mr. Amit Yadav,Adv. For Ms. Sujata Kurdukar,Adv. Mr. Jatin Zaveri,Adv. Mr. Neel Kamal Mishra,Adv. Mr. Ranjan Sabharwal,Adv. Mr. Raghav Sabharwal,Adv. For Mr. Bankey Bihari Sharma,Adv. 16
Ms. Ankita Jain,Adv. Ms. Amrita Mishra,Adv. Mr. Ravi Mishra,Adv. For Mr. Jay Savla,Adv. Mr. Lakshmi Raman Singh,Adv.(Not present) Mr. Sarad Kumar Singhania,Adv. Mr. Santosh Paul,Adv. Mr. Arvind Gupta,Adv. Mr. Harish Pandey,Adv. Mr. Sheen,Adv. Mr. Shubham Agarwal,Adv. Mr. N.D.B. Raju,Adv. For Mr. N. Ganpathy,Adv. Mr. S. Ravi Shankar,Adv. Mr. Rishi Maheshwari,Adv. For Mr. P.S. Sudheer,Adv. Mr. Amol Chitale,Adv. Ms. Pragya Baghel,Adv. Ms. Jaya Khanna,Adv. Ms. Neela Gokhale,Adv. Ms. Kamakshi S. Mehlwal,Adv. Mr. M. Khairati,Adv. For Mr. Irshad Ahmad,Adv. Mr. Santosh Paul,Adv. Mr. Arvind Gupta,Adv. For Mr. M.J. Paul,Adv. Mr. Joydeep Mukherjee,Adv. Mr. Rabin Majumder,Adv. Mr. Garvesh Kabra,Adv. Ms. Pooja Kabra,Adv. Mr. Anirudh Sanganeria,Adv. Mr. Mukul Kumar,Adv. Ms. Sonam Gupta,Adv. Mr. Salil Bhattacharya,Adv. Mr. Raj Kirah Vats,Adv. For Mr. Sanjay Jain,Adv. 17
Mr. Ankur S. Kulkarni,Adv. Mr. M. Gireesh Kumar,Adv. For Mr. S.K. Kulkarni,Adv. Mr. E.C. Agrawala,Adv.(Not present) Mr. Vipin Nair,Adv. Mr. P.B. Suresh,Adv. Mr. Vishnu Shankar Jain,Adv. Mr. Udayaditya Banerjee,Adv. For M/s. Temple Law Firm,Advs. Ms. Garima Prashad,Adv. Mr. Ujjawal Pandey,Adv. Ms. Vandita Rai,Adv. For Asha Gopalan Nair,Adv. Mr. Vaibhav Gulia,Adv. For Ms. Rakhi Ray,Adv. Mr. Atul Babasaheb Dakh,Adv. Ms. Rashmi Singh,Adv. Mr. V.K. Biju,Adv. Mr. Santosh Krishnan,Adv. Mr. Vineet Bhagat,Adv. Mr. Udayan Jain,Adv. Mr. Ajay Kumar Singh,Adv. For Respondent(s) Mr. M.Y. Deshmukh,Adv. For Mr. R.P. Goyal,Adv. Mr. Shekhar Naphade,Sr.Adv. Mr. Vinay Navare,Adv. Mr. Satyajeet Kumar,Adv. Mr. Keshav Ranjan,Adv. Ms. Gwen KB,Adv. For Ms. Abha R. Sharma,Adv. Mr. Shekhar Naphade,Sr.Adv. Mr. Krishan Kumar,Adv. Mr. Kuldeep S. Parihar,Adv. For Mr. H.S. Parihar,Adv. 18
Mr. Uday B. Dube,Adv. Mr. Shankar Chillarge,Adv. For Mr. A.P. Mayee,Adv. Ms. Vibha Datta Makhija,Sr.Adv. Ms. P. Singhania,Adv. Mr. Praveen Chaturvedi,Adv. M/s. K.J. John & Co.,Advs. Mr. Niraj Sharma,Adv. Mr. M.T. George,Adv. Ms. Sunita Sharma,Adv. Ms. Sushma Suri,Adv.(Not present) Mr. Shreekant N. Terdal,Adv.(Not present) Ms. Praveena Gautam,Adv. Mr. Deepak Tyagi,Adv. Ms. Pusshp Gupta,Adv. Mr. P.I. Jose,Adv. Mr. Alok K. Prasad,Adv. Mr. Vishwanath Bahuguna,Adv. Mr. Shivaji M. Jadhav,Adv. For M/s. S.M. Jadhav & Co.,Advs. Mr. R. Basant,Sr.Adv. Mr. C.K. Sasi,Adv. Mr. Karthik Ashok,Adv. Mr. Yash Pal Dhingra,Adv. Mr. Tapesh Kumar Singh,Adv. Ms. Rajani K. Prasad,Adv. For Ms. Annapoorani,Adv. Mr. Yadunandan Bansal,Adv. For Mr. Abhijat P. Medh,Adv. Mr. Anil Kumar Mishra,Adv. Mr. Shekhar Naphade,Sr.Adv. Mr. Chinmoy Khaladkar,Adv. Mr. Preshit Surshe,Adv. Mr. Arjun Krishnan,Adv. 19
Mr. D.M. Nargolkar,Adv. Mr. Piyush Sharma,Adv. Mr. D. Bharat Kumar,Adv. Mr. Sayooj Mohandas M.,Adv. For Mr. Abhijit Sengupta,Adv. Mr. Vatsal Shah,Adv. Mr. S. Aravindh,Adv. For Mr. Senthil Jagadeesan,Adv. Mr. B. Subrahmanya Prasad,Adv. Mr. Suresh Dutt Dobhal,Adv. Mr. Subramonium Prasad,Adv. Mr. V.N. Raghupathy,Adv. Mr. Rajeev K. Pandey,Adv. For Mr. Rajeev Maheshwaranand Roy,Adv. Mr. Nirnimesh Dube,Adv. Mr. Pravin Satale,Adv. For Mr. Rajiv Shankar Dwivedi,Adv. Mr. Ravindra Keshavrao Adsure,Adv.(Not present) Mr. Sanjay Kharde,Adv. For Mr. Amol Nirmalkumar Suryawanshi,Adv. Ms. Hemantika Wahi,Adv. Mr. S.N. Bhat,Adv. Ms. Anuradha Mutatkar,Adv. Mr. Sudhanshu S. Choudhari,Adv. Mr. Avijit Saxena,Adv. For M/s. Karanjawala & Co.,Advs. Mr. M.P. Vinod,Adv. Ms. Neelam S.,Adv. Mr. Dileep Pillai,Adv. Mr. Atul,Adv. Mr. Rajesh Mahale,Adv. 20
Mr. Parvesh Thakur,Adv. Ms. Gargi Khanna,Adv. Ms. Anil Katiyar,Adv. Mr. Manish Pitale,Adv. Mr. Wasi Haider,Adv. For C.S. Ashri,Adv. Mr. Chinmoy Khaladkar,Adv. Ms. Neha Sharma,Adv. For Mr. Deeptakirti Verma,Adv. Mr. R.K. Verma,Adv. Mr. T.N. Razdan,Adv. Mr. Sonal Jain,Adv. Mr. Rajiv M. Brahma,Adv. Mr. Sachin Patil,Adv. For Mr. Shriram P. Pingle,Adv. Mr. Lalit Bhasin,Adv. Ms. Nina Gupta,Adv. Mr. Mudit Sharma,Adv. Mr. Parvez A. Khan,Adv. For Mr. P.V. Yogeswarn,Adv. Mr. Rishi Maheshwari,Adv. Ms. Anne Mathew,Adv. Mr. Raj Kumar Kaushik,Adv. For Mr. P.S. Sudheer,Adv. Mr. Anil Nag,Adv. Mr. Gaurav Sharma,Adv. Ms. A. Sumathi,Adv. Mr. Ashok K. Mahajan,Adv. Mr. K. Rajeev,Adv . Mr. Mohit Kumar Shah,Adv. M/s. Dua Associates,Advs. Ms. Bharati Tyagi,Adv. Mr. Anil Kumar Sangal,Adv. 21
UPON hearing the counsel the Court made the following O R D E R SLP(C)No.21260 of 2011, WP(C)Nos.48 and 461 of 2012, SLP(C)Nos. 18732-18733/12, WP(C)Nos.37, 51, 52 and 58 of 2013, SLP(C)No.15507 of 2013 and Cont.Pet.(C)No.320/13 in SLP(C)No.15507/13, WP(C) Nos.922 of 2013, WP(C)Nos.120, 208 and 1020 of 2014 : List the matters on 10 th March, 2015 at 10.30 a.m. CA Nos.5674, 5675, 5681, 5682, 5683, 5684 of 2009, WP(C)No.318/10, CA Nos.1468, 4391, 7410 of 2010, SLP(C)Nos.24309, 29859 of 2010, WP(C)Nos.220, 293, 306, 308, 338, 375 and 411 of 2011, SLP(C)Nos.7295-7298, 22304-22305 and 24479-24480 of 2011, WP(C)Nos.5, 97, 103, 122, 199, 250, 291, 386, 460, 487, 537, 554 of 2012, SLP(C)Nos.24276, 30568 of 2012, WP(C)Nos.7, 36, 111, 112, 138, 146, 151, 175, 179, 181, 191, 192, 201, 233, 236, 238, 248, 250, 253, 264, 265, 266, 270, 271, 279, 280, 284 of 2013, WP(C)Nos.353, 452, 469, 588, 753, 758, 761, 762, 800, 819, 868, 1037, 1043, 1044, 1045 of 2013, SLP(C)Nos.12916, 15634-15635, 25126, 35137 of 2013, WP(C) Nos.5, 10, 33, 40, 352, 408, 420, 712, 714, 754, 756 of 2014, SLP(C)No........CC 7586/2014, WP(C)No.795, 849, 838, 827 of 2014, SLP(C)No.32589/2014 and WP(C)No. 26/2015 : Heard the learned counsel. The ad-interim relief, granted earlier is modified to the effect that the petitioner(s)/appellant(s) shall pay 25% of the amount payable as on 01.01.2015 as calculated by the respondent-Bank or the assignee of the debt, who has been impleaded as party-respondent, within six weeks from today and further 25% of the amount within 22
six weeks thereafter. If the amount is not paid, as directed hereinabove, the order with regard to interim relief, shall stand vacated. I.As. stand disposed of. The pendency of these appeals/petitions would not prevent the creditor-Bank from taking any other appropriate action in accordance with law and it would also be open to the borrower and the respondent Bank to arrive at any other understanding/settlement in respect of the amount payable by the petitioner(s)/appellant(s) List on 10 th March, 2015. SLP(C)Nos.25929 and 25930 of 2009 : List on 10 th March, 2015, at 10.30 a.m. It has been submitted that the proceedings are pending before the arbitrator. The stage at which the proceedings are pending shall be notified to this Court on the next date of hearing. WP(C)No.41/2011 : Heard the learned counsel. Ad-interim relief, granted earlier is modified to the effect that the petitioner(s) shall pay 25% of the amount payable as on 01.01.2015 as calculated by the respondent-Bank or the assignee of the debt, who has been 23
impleaded as party-respondent, within six weeks from today and further 25% of the amount within six weeks thereafter. If the amount is not paid as directed hereinabove, the order with regard to interim relief, shall stand vacated. I.A. stands disposed of. It has been further submitted by the learned counsel for the petitioner(s) that they are making an effort to settle the dispute with the Bank amicably. If it is so, it would be open to the parties to settle the dispute out of the Court and file necessary documents in this respect on the next date. The pendency of these petitions would not prevent the borrower-Bank from taking any other appropriate action in accordance with law and it would also be open to the borrower and the respondent Bank to arrive at any other understanding/settlement in respect of the amount payable by the petitioner(s). List the matter on 10 th March, 2015. W.P.(C)No.367/2011 : Heard the learned counsel. The ad-interim relief, granted earlier is modified to the effect that the petitioner(s) shall pay 25% of the amount payable as on 01.01.2015 as calculated by the respondent-Bank or the assignee of the debt, who has been 24
impleaded as party-respondent, within six weeks from today and further 25% of the amount within six weeks thereafter. If the amount is not paid, as directed hereinabove, the order with regard to interim relief, shall stand vacated. I.A. stands disposed of. The pendency of these appeals/petitions would not prevent the creditor-Bank from taking any other appropriate action in accordance with law and it would also be open to the borrower and the respondent Bank to arrive at any other understanding/settlement in respect of the amount payable by the petitioner(s)/appellant(s) List the matter on 10 th March, 2015. The original petitioner shall file reply within two weeks from today. C.A.No.2440/2011 : It has been submitted by the learned counsel for the petitioner(s) that out of the seven creditors, six creditors have been paid in full and so far as the remaining one is concerned, a settlement has also been arrived at, therefore this petition might not survive. The learned counsel for the petitioner(s) prays for some time to take instruction in this regard. List the matter on 10 th March, 2015, at 10.30 a.m. 25
I.A.No. 1 in W.P.(C) No. 877/2013 : This application had been notified for hearing on 24.04.2014 and the following order was passed :- “It has been brought to our notice that even prior to the filing of the present writ petition, the respondent Bank had entered into consent terms with M/s Manav Drugs Pvt. Ltd. And M/s Mac Pharma on 25 th August, 2011. Under these consent terms, the applicants i.e. the borrowers had agreed to pay a sum of Rs. 7 crores towards full and final settlement of the Securitization Application (S.A.). Upon those consent terms, the Presiding Officer, Debts Recovery Tribunal-III, Mumbai has passed the following order :- “ The parties have agreed for the consent terms and the S.A. is disposed of as per the consent terms. If the applicants fail to pay the amount Respondent Bank can sell the secured assets as per consent terms. The parties shall abide by the conditions imposed in the terms and conditions of the consent terms. I pass no order as to costs.” In view of the above, in our opinion, no useful purpose will be served by continuing the stay order granted on 30 th September, 2013. The aforesaid stay order is hereby vacated. I.A.No. 1 (Application for interim orders/directions) in which the stay order has been granted is hereby dismissed. However, it is made clear that vacation of the aforesaid stay order shall not be taken into consideration at the time of the decision on S.A. or any other proceedings. Let the main Writ Petition No. 877 of 2013 be come up for hearing with the other matters. Tag with Writ Petition (Civil) No. 252 of 2011.” 26
The above order shows that I.A.No. 1 of 2013 had been dismissed on 24.04.2014. It appears that due to some mistake, I.A.No. 1, though it had been dismissed on 24.04.2014, had been notified for hearing on 04.02.2015. It appears that the dismissal of the application was not brought to the notice of this Court and, therefore, this Court passed the following order :- “ Heard the learned counsel for the petitioner. None appears for the respondents. Ad-interim relief, granted on 30.9.2013, is modified to the effect that the petitioner shall pay 25% of the amount payable as on 01.01.2015 as calculated by the respondent-Bank or the assignee of the debt within six weeks from today and further 25% of the amount within one month thereafter. With the aforesaid modification, the interim relief granted earlier shall continue. List on 18.025.2015 at 10.30 a.m. Intimation of this order be sent by the Registry to the respondents. All the afore-stated matters will be heard along with the applications on 18.02.2015 at 10.0 a.m. for the whole day. ” As I.A.No. 1 had already been dismissed on 24.04.2014, no orders could have been passed on 04.02.2015 and the order which had been passed on 04.02.2015 in I.A.No. 1 is due to some inadvertence and the said order is hereby recalled. List the matter on 10 th March, 2015. W.P.No.1007/13 : The learned counsel appearing for the petitioners has submitted that the petitioners are ready and willing to get their mortgaged property sold in consultation with 27
the Bank by way of private negotiations. He seeks time for this purpose. List the matter on 10 th March, 2015, at 10.30 a.m. Intimation be sent to the bank by the Registry. SLP(C)No.13100/2013 : The learned counsel for the petitioner would like to know the stage at which the Writ Petition No.867/2013 is pending in the High Court. List the matter on 10 th March, 2015, at 10.30 a.m., so as to enable the learned counsel for the petitioner to know the progress in the matter. W.P.(C)No.142/2014 : It has been submitted by the learned counsel for the petitioner that during the pendency of this petition the dispute had been referred to an Arbitrator and the Arbitrator has already passed an Award and Decree has also been made. The learned counsel for the petitioner wants to ascertain the correctness of this averment and seeks time to place on record the relevant documents. He is permitted to do so. List the matter on 10 th March, 2015 at 10.30 a.m. W.P.(C)Nos.168 and 169 of 2014 : The learned counsel appearing for the petitioners 28
has submitted that the property which had been mortgaged in favour of the creditors can be sold and the sale proceeds can be paid to the Bank. For this purpose he would like to take instruction from his clients . In view of this, list the matter on 10 th March, 2015, at 10.30 a.m. W.P.(C)No.417/2014 : The learned counsel for the petitioner has submitted that during the pendency of this petition, the parties to the litigation have settled the matter out of the Court and he would like to take instruction for withdrawal of this petition. In view of this, list the matter on 10 th March, 2015, at 10.30 a.m. W.P.(C)No.421/2014 : List on 10 th March, 2015 at 10.30 a.m. Reply, if any, to the I.A. be filed on or before 6 th March, 2015. W.P.(C)No.492/2014 : Heard the learned counsel. No further proceeding shall be initiated against the petitioner(s) under the provisions of The Securitization and Reconstruction of Financial Assets and Enforcement of 29
Security Interest Act, 2002 (SARFAESI Act), provided the petitioner(s) pays/pay 25% of the amount payable as on 01.01.2015, as calculated by the respondent-Bank, within six weeks from today and further 25% of the amount payable as on 1 st January, 2015 within six weeks thereafter. If the amount is not paid, as directed hereinabove, the order with regard to interim relief shall stand vacated. I.A. stands disposed of. List the matter on 10 th March, 2015. W.P.(C)No.779/2014 : List on 10 th March, 2015 at 10.30 a.m. Reply, if any, to the I.A. be filed on or before 6 th March, 2015. W.P.(C)No.929/2014 : The learned counsel for the respondents has submitted that there is a gross delay in filing the petition. List on 10 th March, 2015 at 10.30 a.m., for further hearing. W.P.(C)No.79 of 2015 : H eard the learned counsel for the petitioner. 30
Issue notice, returnable on 10 th March, 2015. Mr. Vinay Navare, learned counsel, accepts notice on behalf of Respondent No. 2. Notice be also issued through the standing counsel for the State. Ad-interim relief, granted earlier is modified to the effect that the petitioner(s) shall pay 25% of the amount payable as on 01.01.2015 as calculated by the respondent-Bank or the assignee of the debt, who has been impleaded as party-respondent, within six weeks from today and further 25% of the amount within six weeks thereafter. If the amount is not paid as directed hereinabove, the order with regard to interim relief, shall stand vacated. I.A. stands disposed of. The pendency of the petition would not prevent the borrower-Bank from taking any other appropriate action in accordance with law and it would also be open to the borrower and the respondent Bank to arrive at any other understanding/settlement in respect of the amount payable by the petitioner(s). It has been further submitted by the learned counsel for the petitioner(s) that they are making an effort to settle the dispute with the Bank amicably. If it is so, it would be open to the parties to settle the dispute out of the Court and file necessary 31
documents in this respect on the next date. W ith the aforesaid modification, the interim relief granted earlier shall continue. List the matter on 10 th March, 2015. SLP(C)Nos.17054, 18775, 18777, 29720 and 29721 of 2013 : List the matters on 10 th March, 2015. W.P. (C)Nos.40, 269, 378, 484, 529, 531 of 2011, 123, 248, 249, 369, 371, 490, 521 of 2012, 6 of 2013, 240 of 2014 : The writ petitions are disposed of as withdrawn in terms of the signed order. W.P.(C)No.272 of 2014 : The writ petition is disposed of as having become infructuous in terms of the signed order. W.P.(C)No.293/2012 : The writ petition is disposed of as withdrawn in terms of the signed Non-reportable Judgment. (Sarita Purohit) (Sneh Bala Mehra) Court Master Assistant Registrar (Signed order in W.P.(C)Nos.40, 269, 378, 484, 529, 531 of 2011 123, 248, 249, 369, 371, 490, 521 of 2012, 6 of 2013, 240 & 272 of 2014 and a Non-reportable Judgment in WP(C)No.293/2012 is placed on the file) 32
NON – REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (C) NOS.293 OF 2012 M/s. Thi Pack Pvt. Ltd. ...Petitioners VS. Union of India & Ors. ...Respondents J U D G M E N T ANIL R. DAVE, J. 1. T he learned counsel for the petitioner seeks permission to withdraw this petition so as to file a fresh petition in view of the subsequent development in the matter. 2 . Permission is granted. 3. The petition is disposed of as withdrawn. 4. Rule also stands discharged. 5. T he ad-interim relief, if any, granted earlier shall continue for four weeks from today. 33
6. I f there is any proposal from the petitioner for settlement, we are sure that this order will not come in the way of the parties to settle the matter. ..............J. [ANIL R. DAVE] ..............J. [KURIAN JOSEPH] New Delhi; 18 th February, 2015. 34
Listed on : 18.02.2015 Before Court No. Item No. SECTION:XIV IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION PETITION FOR SPECIAL LEAVE TO APPEAL (C) No. 32589/2014 WITH PRAYER FOR INTERIM RELIEF M/s Dev Memorial Edu. Trust and Anr. ... Petitioners Versus Union Of India & Ors. ...Respondents OFFICE REPORT The matter above mentioned alongwith connected matter was listed before the Hon'ble Court on 05.02.2015, when the court was pleased to pass the following order:- “Mr. Garvesh Kabra, learned counsel, started his arguments at 02.20 PM and concluded at 03.05 PM. Thereafter, Mr. Nikhil Goel, learned counsel, started his arguments and concluded at 03.15 PM. Thereafter, Mr. Jayant Muthraj, learned counsel, stared his arguments and concluded at 03.20 PM. Thereafter, Mr. Shekhar Naphade, learned senior counsel, started his arguments and was on his legs when the Court rose for the day. List on 18.02.2015 at 10.30 AM as Part Heard (for whole day).” It is submitted that Mr. Anil Nag, Advcoate has on 06.02.2015 filed Vakalatnama/Appearance on behalf of Respondent Nos. 3 and 4 and on 17.02.2015 filed Counter Affidavit and the same is being circulated herewith. Mr. Gaurav Sharma, Advocate has on 17.02.2015 filed Vakalatnama/Appearance on behalf of Respondent No. 5 but has not filed Counter Affidavit so far. Neither AD cards nor unserved cover has been received from Respondent No. 2. Unserved covers have been received from Respondent No. 1 with postal remarks 'Incomplete address'. Service is not complete on Respondent Nos. 1 and 2. The matter above mentioned is listed before the Hon'ble Court with this Office Report. DATED THIS THE 17 th DAY OF FEBRUARY, 2015. ASSISTANT REGISTRAR
COPY TO: 1. Mr. Ajay Kumar Singh, Adv. Ch. No. ASSISTANT REGISTRAR p-2/Avi
Listed on : 18.02.2015 Before Court No. Item No. SECTION:XIV IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION PETITION FOR SPECIAL LEAVE TO APPEAL (C) No. 32589/2014 WITH PRAYER FOR INTERIM RELIEF M/s Dev Memorial Edu. Trust and Anr. ... Petitioners Versus Union Of India & Ors. ...Respondents OFFICE REPORT The matter above mentioned alongwith connected matter was listed before the Hon'ble Court on 05.02.2015, when the court was pleased to pass the following order:- “Mr. Garvesh Kabra, learned counsel, started his arguments at 02.20 PM and concluded at 03.05 PM. Thereafter, Mr. Nikhil Goel, learned counsel, started his arguments and concluded at 03.15 PM. Thereafter, Mr. Jayant Muthraj, learned counsel, stared his arguments and concluded at 03.20 PM. Thereafter, Mr. Shekhar Naphade, learned senior counsel, started his arguments and was on his legs when the Court rose for the day. List on 18.02.2015 at 10.30 AM as Part Heard (for whole day).” It is submitted that Mr. Anil Nag, Advcoate has on 06.02.2015 filed Vakalatnama/Appearance on behalf of Respondent Nos. 3 and 4 and on 17.02.2015 filed Counter Affidavit and the same is being circulated herewith. Mr. Gaurav Sharma, Advocate has on 17.02.2015 filed Vakalatnama/Appearance on behalf of Respondent No. 5 but has not filed Counter Affidavit so far. Neither AD cards nor unserved cover has been received from Respondent No. 2. Unserved covers have been received from Respondent No. 1 with postal remarks 'Incomplete address'. Service is not complete on Respondent Nos. 1 and 2. The matter above mentioned is listed before the Hon'ble Court with this Office Report. DATED THIS THE 17 th DAY OF FEBRUARY, 2015. ASSISTANT REGISTRAR
COPY TO: 1. Mr. Ajay Kumar Singh, Adv. Ch. No. ASSISTANT REGISTRAR p-2/Avi
NON – REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (C) NOS.293 OF 2012 M/s. Thi Pack Pvt. Ltd. ...Petitioners VS. Union of India & Ors. ...Respondents J U D G M E N T ANIL R. DAVE, J. 1. T he learned counsel for the petitioner seeks permission to withdraw this petition so as to file a fresh petition in view of the subsequent development in the matter. 2 . Permission is granted. 3. The petition is disposed of as withdrawn. 4. Rule also stands discharged. 5. T he ad-interim relief, if any, granted earlier shall continue for four weeks from today. 1
6. I f there is any proposal from the petitioner for settlement, we are sure that this order will not come in the way of the parties to settle the matter. ..............J. [ANIL R. DAVE] ..............J. [KURIAN JOSEPH] New Delhi; 18 th February, 2015. 2
êM IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (C) NO. 40 OF 2011 M/s. Gehlot Creation & Anr. ...Petitioners VS. Union of India & Ors. ...Respondents WITH W.P.(C)Nos.269, 378, 484, 529, 531 of 2011 123, 248, 249, 369, 371, 490, 521 of 2012, 6 of 2013, 240 & 272 of 2014 O R D E R WP(C)No.40/2011 : The learned counsel for the parties have submitted that the dispute between the parties has been settled out of the Court. No further order is hence required to be passed. In the circumstances, the petition stands disposed of as withdrawn along with the applications. The ad-interim relief, if any, granted earlier stands vacated. WP(C)No.269/2011 : The learned counsel for the petitioner(s) seeks permission to withdraw the petition so as to file a freshSignature Not VerifiedDigitally signed bySarita PurohitDate: 2015.03.1017:18:57 IST petition in view of the subsequent development in theReason: matter. 1 Permission is granted. The petition is disposed of as withdrawn. The ad-interim relief, if any, granted earlier shallcontinue for four weeks from today.
If there is any proposal from the petitioner(s) forsettlement, we are sure that this order will not come inthe way of the parties to settle the matter.WP(C)No.378/2011 : The learned counsel for the petitioner(s) seekspermission to withdraw the petition. Permission is granted. The petition is disposed of as withdrawn.WP(C)No.484/2011 : The learned counsel for the petitioner(s) seekspermission to withdraw the petition so as to file a freshpetition in view of the subsequent development in thematter. Permission is granted. The petition is disposed of as withdrawn. The ad-interim relief, if any, granted earlier shallcontinue for four weeks from today. If there is any proposal from the petitioner(s) forsettlement, we are sure that this order will not come inthe way of the parties to settle the matter. 2WP(C)No.529 and 531 of 2011 : The learned counsel for the petitioner(s) seekspermission to withdraw the petition. Permission is granted. The petition is disposed of as withdrawn. The ad-interim relief, if any, granted earlier shallstand vacated.WP(C)No.123/2012 : The learned counsel for the petitioner(s) seekspermission to withdraw the petition. Permission is granted. The petition is disposed of as withdrawn. The ad-interim relief, if any, granted earlier shall
stand vacated.WP(C)Nos.248 and 249/2012 : The learned counsel for the petitioner(s) seekspermission to withdraw the petition so as to file a freshpetition in view of the subsequent development in thematter. Permission is granted. The petition is disposed of as withdrawn. The ad-interim relief, if any, granted earlier shallcontinue for four weeks from today. If there is any proposal from the petitioner(s) forsettlement, we are sure that this order will not come inthe way of the parties to settle the matter. 3WP(C)No.369, 371, 490 and 521 of 2012 : The learned counsel for the petitioner(s) seekspermission to withdraw the petition so as to file a freshpetition in view of the subsequent development in thematter. Permission is granted. The petition is disposed of as withdrawn. The ad-interim relief, if any, granted earlier shallcontinue for four weeks from today. If there is any proposal from the petitioner(s) forsettlement, we are sure that this order will not come inthe way of the parties to settle the matter.WP(C)No.6/2013 : The learned counsel for the petitioner(s) seekspermission to withdraw the petition so as to file a freshpetition in view of the subsequent development in thematter. Permission is granted. The petition is disposed of as withdrawn. The ad-interim relief, if any, granted earlier shall
continue for four weeks from today. If there is any proposal from the petitioner(s) forsettlement, we are sure that this order will not come inthe way of the parties to settle the matter. 4WP(C)No.240/2014 : The learned counsel for the petitioner(s) seekspermission to withdraw the petition so as to file a freshpetition in view of the subsequent development in thematter. Permission is granted. The petition is disposed of as withdrawn. The ad-interim relief, if any, granted earlier shallcontinue for four weeks from today. If there is any proposal from the petitioner(s) forsettlement, we are sure that this order will not come inthe way of the parties to settle the matter.W.P.(C)No.272/2014 : The learned counsel for the petitioners hassubmitted that the notice has been withdrawn by the Bankand the petition has become infructuous. In view of this the petition stands disposed of ashaving become infructuous and it is disposed ofaccordingly. ..............J. [ANIL R. DAVE] ..............J. [KURIAN JOSEPH]New Delhi;18th February, 2015. 5ITEM NO.101+1 COURT NO.3 SECTION IX S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGSItem No.101 :Civil Appeal No.5674/2009PANDURANG GANPATI CHAUGULE Appellant(s) VERSUSVISHWASRAO PATIL MURGUD SAHAKARI BANK L. Respondent(s)(With interim relief and office report)WITH C.A. No. 5675/2009(With Interim Relief and Office Report) C.A. No. 5681/2009(With Office Report) C.A. No. 5682/2009(With Interim Relief and Office Report) C.A. No. 5683/2009(With Interim Relief and Office Report) C.A. No. 5684/2009(With Interim Relief) SLP(C) No. 25929/2009(With Interim Relief and Office Report) SLP(C) No. 25930/2009(With appln. for directions and Interim Relief and Office Report) W.P.(C) No. 318/2010(With appln.(s) for stay and Office Report) C.A. No. 1468/2010 C.A. No. 4391/2010(With Office Report) C.A. No. 7410/2010 SLP(C) No. 24309/2010 6 SLP(C) No. 29859/2010(With Interim Relief and Office Report) W.P.(C) No. 40/2011(With appln.(s) for stay and Office Report) W.P.(C) No. 41/2011(With appln.(s) for stay, vacating stay and Office Report) W.P.(C) No. 220/2011(With appln.(s) for stay and Office Report) W.P.(C) No. 269/2011(With appln.(s) for stay and vacating stay and Office Report) W.P.(C) No. 293/2011(With appln.(s) for stay, directions and Office Report)
W.P.(C) No. 306/2011(With appln.(s) for stay, directions and Office Report) W.P.(C) No. 308/2011(With appln.(s) for stay, directions and Office Report) W.P.(C) No. 338/2011(With appln.(s) for stay and Office Report) W.P.(C) No. 367/2011(With appln.(s) for directions, interim directions andimpleadment and Office Report) W.P.(C) No. 375/2011(With appln.(s) for stay and Office Report) W.P.(C) No. 378/2011(With appln.(s) for stay and Office Report) W.P.(C) No. 411/2011(With appln.(s) for stay and Office Report) W.P.(C) No. 484/2011(With appln.(s) for stay and vacating interim order andOffice Report) W.P.(C) No. 529/2011(With appln.(s) for stay and vacating interim order andOffice Report) W.P.(C) No. 531/2011(With appln.(s) for vacating interim order and stay andOffice Report) 7 C.A. No. 2440/2011(With Office Report) SLP(C) No. 7295-7298/2011(With Office Report) SLP(C) No. 21260/2011(With Interim Relief and Office Report) SLP(C) No. 22304-22305/2011(With Office Report) SLP(C) No. 24479-24480/2011(With Interim Relief and Office Report) W.P.(C) No. 5/2012(With appln.(s) for stay, directions and Office Report) W.P.(C) No. 48/2012(With appln.(s) for amendment of the petition and stayand Office Report) W.P.(C) No. 97/2012(With appln.(s) for stay, directions and Office Report) W.P.(C) No. 103/2012(With appln.(s) for stay, directions and Office Report) W.P.(C) No. 122/2012(With appln.(s) for stay and Office Report) W.P.(C) No. 123/2012
(With appln.(s) for stay and Office Report) W.P.(C) No. 199/2012(With appln.(s) for stay and Office Report) W.P.(C) No. 248/2012(With appln.(s) for stay and vacating interim order andOffice Report) W.P.(C) No. 249/2012(With appln.(s) for stay and Office Report) W.P.(C) No. 250/2012(With appln.(s) for stay and Office Report) W.P.(C) No. 291/2012(With appln.(s) for ex-parte stay and Office Report) W.P.(C) No. 293/2012(With appln.(s) for ex-parte stay and Office Report) 8 W.P.(C) No. 369/2012(With appln.(s) for stay and Office Report) W.P.(C) No. 371/2012(With appln.(s) for ex-parte stay and Office Report) W.P.(C) No. 386/2012(With appln.(s) for stay and Office Report) W.P.(C) No. 460/2012(With appln.(s) for stay, directions and Office Report) W.P.(C) No. 461/2012(With appln.(s) for stay, directions and Office Report) W.P.(C) No. 487/2012(With appln.(s) for stay and Office Report) W.P.(C) No. 490/2012(With appln.(s) for stay and vacating stay and Office Report) W.P.(C) No. 521/2012(With appln.(s) for vacating stay and stay and Office Report) W.P.(C) No. 537/2012(With appln.(s) for stay and permission to file additionaldocuments and Office Report) W.P.(C) No. 554/2012(With appln.(s) for stay, directions and Office Report) SLP(C) Nos. 18732-18733/2012(With Interim Relief and Office Report) SLP(C) No. 24276/2012(With Interim Relief and Office Report) SLP(C) No. 30568/2012(With Interim Relief and Office Report) W.P.(C) No. 6/2013(With appln.(s) for vacating stay and stay and Office Report) W.P.(C) No. 7/2013(With appln.(s) for stay directions and Office Report) W.P.(C) No. 36/2013
(With appln.(s) for stay and Office Report) W.P.(C) No. 37/2013(With appln.(s) for stay and Office Report) 9 W.P.(C) No. 51/2013(With appln.(s) for stay and clarification of Court's order,stay and Office Report) W.P.(C) No. 52/2013(With appln.(s) for stay and clarification of Court's order,stay and Office Report) W.P.(C) No. 58/2013(With appln.(s) for stay and clarification of Court's orderand Office Report) W.P.(C) No. 111/2013(With appln.(s) for stay, directions and Office Report) W.P.(C) No. 112/2013(With appln.(s) for stay, directions and Office Report) W.P.(C) No. 138/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 146/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 151/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 175/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 179/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 181/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 191/2013(With appln.(s) for stay and vacation of ex-parte staydirections and Office Report) W.P.(C) No. 192/2013(With appln.(s) for stay, directions and Office Report) W.P.(C) No. 201/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 233/2013(With appln.(s) for stay and substitution of respondentand Office Report) W.P.(C) No. 236/2013(With appln.(s) for stay and substitution of respondentand Office Report) 10 W.P.(C) No. 238/2013(With appln.(s) for stay and substitution of respondent andOffice Report) W.P.(C) No. 248/2013(With appln.(s) for stay and Office Report)
W.P.(C) No. 250/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 253/2013(With appln.(s) for stay and appln.(s) for vacating stay and OfficeReport) W.P.(C) No. 264/2013(With appln.(s) for stay and impleadment and Office Report) W.P.(C) No. 265/2013(With appln.(s) for stay, directions and Office Report) W.P.(C) No. 266/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 270/2013(With appln.(s) for stay, directions and Office Report) W.P.(C) No. 271/2013(With appln.(s) for stay, directions and Office Report) W.P.(C) No. 279/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 280/2013(With Office Report) W.P.(C) No. 284/2013(With appln.(s) for stay and impleadment and Office Report)CONMT.PET.(C) No. 320/2013 In SLP(C) No. 15507/2013 W.P.(C) No. 353/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 452/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 469/2013(With Office Report) W.P.(C) No. 588/2013(With appln.(s) for stay, impleadment and impleadment asparty respondent and Office Report) 11 W.P.(C) No. 753/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 758/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 761/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 762/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 800/2013(With appln.(s) for directions and Office Report) W.P.(C) No. 819/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 868/2013(With appln.(s) for interim directions and directions and vacatingstay)
W.P.(C) No. 877/2013(With appln.(s) for directions and Office Report) W.P.(C) No. 922/2013(With appln.(s) for directions and Office Report) W.P.(C) No. 1007/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 1037/2013(With appln.(s) for directions and stay and Office Report) W.P.(C) No. 1043/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 1044/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 1045/2013(With appln.(s) for stay and Office Report) SLP(C) No. 12916/2013(With Interim Relief and Office Report) SLP(C) No. 13100/2013(With Interim Relief and Office Report) SLP(C) No. 15507/2013(With Office Report) 12 SLP(C) No. 15634-15635/2013(With Office Report) SLP(C) No. 17054/2013(With Interim Relief and Office Report) SLP(C) No. 18775/2013(With Interim Relief and Office Report) SLP(C) No. 18777/2013(With Interim Relief and Office Report) SLP(C) No. 25126/2013(With Interim Relief) SLP(C) No. 29720/2013(With Office Report) SLP(C) No. 29721/2013(With Office Report) SLP(C) No. 35137/2013(With Interim Relief and Office Report) W.P.(C) No. 5/2014(With appln.(s) for stay and Office Report) W.P.(C) No. 10/2014(With appln.(s) for stay and Office Report) W.P.(C) No. 33/2014(With appln.(s) for stay and for impleadment and Office Report) W.P.(C) No. 40/2014(With appln.(s) for directions, vacating stay and Office Report) W.P.(C) No. 120/2014
(With appln.(s) for stay, impleadment and vacating interimrelief and Office Report) W.P.(C) No. 142/2014(With appln.(s) for ex-parte stay and Office Report) W.P.(C) No. 168/2014(With appln.(s) for vacating stay and stay and Office Report) W.P.(C) No. 169/2014(With appln.(s) for vacating stay and stay and Office Report) W.P.(C) No. 208/2014(With appln.(s) for stay and Office Report) 13 W.P.(C) No. 240/2014(With appln.(s) for stay, directions and Office Report) W.P.(C) No. 272/2014(With appln.(s) for ex-parte stay and Office Report) W.P.(C) No. 352/2014(With appln.(s) for stay, directions and Office Report) W.P.(C) No. 408/2014(With appln.(s) for stay and Office Report) W.P.(C) No. 417/2014(With appln.(s) for stay and Office Report) W.P.(C) No. 420/2014(With appln.(s) for stay and Office Report) W.P.(C) No. 421/2014(With appln.(s) for stay, vacating stay and Office Report) W.P.(C) No. 492/2014(With appln.(s) for stay and Office Report) W.P.(C) No. 712/2014(With appln.(s) for stay, vacating stay and Office Report) W.P.(C) No. 714/2014(With appln.(s) for stay, vacating stay)W.P.(C) No. 754/2014(With appln.(s) for stay and Office Report) W.P.(C) No. 756/2014(With appln.(s) for stay, directions and Office Report) W.P.(C) No. 779/2014(With appln.(s) for stay and exemption from filing O.T. andvacation of ex-parte stay and Office Report) S.L.P.(C)..........CC No. 7586/2014(With appln.(s) for c/delay in filing SLP and Office Report) W.P.(C) No. 795/2014(With appln.(s) for stay and Office Report) W.P.(C) No. 849/2014(With appln.(s) for ex-parte stay and vacating interimorder and Office Report) W.P.(C) No. 838/2014(With appln.(s) for stay, vacating interm order and Office Report)
14 W.P.(C) No. 827/2014(With appln.(s) for ex-parte stay and Office Report) W.P.(C) No. 929/2014(With appln.(s) for interim relief and Office Report) SLP(C) No. 32589/2014 W.P.(C) No.26/2015(With appln.(s) for stay and office report) W.P.(C) No.1020/2014(With office report)Item No.1 :W.P.(C)No.79 of 2015(With appln. for stay and office report)Date : 18/02/2015 These matters were called on for hearing today.CORAM : HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE KURIAN JOSEPHFor Appellant(s) Mr. Santosh,Adv. Mr. M. Khairati,Adv. For Mr. Gaurav Agrawal,Adv. Mr. Nikhil Nayyar,Adv. Mr. Akash Kakade,Adv. For Ms. Anagha Desai,Adv. Mr. Sunil Kumar Verma,Adv. Ms. Chandan Ramamurthi,Adv.(Not present) Mr. R. Sudhinder,Adv. Mr. Abhishek Prasad,Adv. Mr. Ashok Mathur,Adv.. Mr. Tarkeshwar Nath,Adv. For Mr. R.P. Goyal,Adv. Mr. Saurabh Devkaran Singh,Adv. For Mr. Jayant K. Mehta,Adv. Mr. K.L. Taneja,Adv. 15Ms. Purti M.,Adv.For Mr. A. Venayagam Balan,Adv.Mr. Pradhuman Gohil,Adv.Mr. Vikash Singh,Adv.Ms. Taruna Singh,Adv.Mr. Jaikriti S. Jadeja,Adv.Ms. Charu Mathur,Adv.Mr. Chirag M. Shroff,Adv.Mr. Jitendra Ranawat,Adv.Ms. Mahima Shroff,Adv.Ms. Swati Vaibhav,Adv.
Mr. Vikash Sinha,Adv.Mr. Satpal Singh,Adv.Mr. A.S. Chobe,Adv.Mr. P.K. Singh,Adv.Mr. Vijay Kumar,Adv.Mr. Rabin Majumder,Adv.Mr. S. Sadasiva Reddy,Adv.For Ms. S. Usha Reddy,Adv.Mr. P.K. Manohar,Adv.Mr. Jayanth Muth Raj,Adv.Ms. Malavika J.,Adv.Mr. Sureshan P.,Adv.Mr. Vishwajit Singh,Adv.(Not present)Mr. H. Chandra Sekhar,Adv.Mr. Santhosh Krishnan,Adv.For Mr. Nikhil Goel,Adv.Mr. Devansh A. Mohta,Adv.Mr. Shishir Deshpande,Adv.Mr. Amit Yadav,Adv.For Ms. Sujata Kurdukar,Adv.Mr. Jatin Zaveri,Adv.Mr. Neel Kamal Mishra,Adv.Mr. Ranjan Sabharwal,Adv.Mr. Raghav Sabharwal,Adv.For Mr. Bankey Bihari Sharma,Adv. 16Ms. Ankita Jain,Adv.Ms. Amrita Mishra,Adv.Mr. Ravi Mishra,Adv.For Mr. Jay Savla,Adv.Mr. Lakshmi Raman Singh,Adv.(Not present)Mr. Sarad Kumar Singhania,Adv.Mr. Santosh Paul,Adv.Mr. Arvind Gupta,Adv.Mr. Harish Pandey,Adv.Mr. Sheen,Adv.Mr. Shubham Agarwal,Adv.Mr. N.D.B. Raju,Adv.For Mr. N. Ganpathy,Adv.Mr. S. Ravi Shankar,Adv.Mr. Rishi Maheshwari,Adv.For Mr. P.S. Sudheer,Adv.Mr. Amol Chitale,Adv.Ms. Pragya Baghel,Adv.Ms. Jaya Khanna,Adv.Ms. Neela Gokhale,Adv.
Ms. Kamakshi S. Mehlwal,Adv.Mr. M. Khairati,Adv.For Mr. Irshad Ahmad,Adv.Mr. Santosh Paul,Adv.Mr. Arvind Gupta,Adv.For Mr. M.J. Paul,Adv.Mr. Joydeep Mukherjee,Adv.Mr. Rabin Majumder,Adv.Mr. Garvesh Kabra,Adv.Ms. Pooja Kabra,Adv.Mr. Anirudh Sanganeria,Adv.Mr. Mukul Kumar,Adv.Ms. Sonam Gupta,Adv.Mr. Salil Bhattacharya,Adv.Mr. Raj Kirah Vats,Adv.For Mr. Sanjay Jain,Adv. 17 Mr. Ankur S. Kulkarni,Adv. Mr. M. Gireesh Kumar,Adv. For Mr. S.K. Kulkarni,Adv. Mr. E.C. Agrawala,Adv.(Not present) Mr. Vipin Nair,Adv. Mr. P.B. Suresh,Adv. Mr. Vishnu Shankar Jain,Adv. Mr. Udayaditya Banerjee,Adv. For M/s. Temple Law Firm,Advs. Ms. Garima Prashad,Adv. Mr. Ujjawal Pandey,Adv. Ms. Vandita Rai,Adv. For Asha Gopalan Nair,Adv. Mr. Vaibhav Gulia,Adv. For Ms. Rakhi Ray,Adv. Mr. Atul Babasaheb Dakh,Adv. Ms. Rashmi Singh,Adv. Mr. V.K. Biju,Adv. Mr. Santosh Krishnan,Adv. Mr. Vineet Bhagat,Adv. Mr. Udayan Jain,Adv. Mr. Ajay Kumar Singh,Adv.For Respondent(s) Mr. M.Y. Deshmukh,Adv. For Mr. R.P. Goyal,Adv. Mr. Shekhar Naphade,Sr.Adv. Mr. Vinay Navare,Adv. Mr. Satyajeet Kumar,Adv. Mr. Keshav Ranjan,Adv.
Ms. Gwen KB,Adv. For Ms. Abha R. Sharma,Adv. Mr. Shekhar Naphade,Sr.Adv. Mr. Krishan Kumar,Adv. Mr. Kuldeep S. Parihar,Adv. For Mr. H.S. Parihar,Adv. 18Mr. Uday B. Dube,Adv.Mr. Shankar Chillarge,Adv.For Mr. A.P. Mayee,Adv.Ms. Vibha Datta Makhija,Sr.Adv.Ms. P. Singhania,Adv.Mr. Praveen Chaturvedi,Adv.M/s. K.J. John & Co.,Advs.Mr. Niraj Sharma,Adv.Mr. M.T. George,Adv.Ms. Sunita Sharma,Adv.Ms. Sushma Suri,Adv.(Not present)Mr. Shreekant N. Terdal,Adv.(Not present)Ms. Praveena Gautam,Adv.Mr. Deepak Tyagi,Adv.Ms. Pusshp Gupta,Adv.Mr. P.I. Jose,Adv.Mr. Alok K. Prasad,Adv.Mr. Vishwanath Bahuguna,Adv.Mr. Shivaji M. Jadhav,Adv.For M/s. S.M. Jadhav & Co.,Advs.Mr. R. Basant,Sr.Adv.Mr. C.K. Sasi,Adv.Mr. Karthik Ashok,Adv.Mr. Yash Pal Dhingra,Adv.Mr. Tapesh Kumar Singh,Adv.Ms. Rajani K. Prasad,Adv.For Ms. Annapoorani,Adv.Mr. Yadunandan Bansal,Adv.For Mr. Abhijat P. Medh,Adv.Mr. Anil Kumar Mishra,Adv.Mr. Shekhar Naphade,Sr.Adv.Mr. Chinmoy Khaladkar,Adv.Mr. Preshit Surshe,Adv.Mr. Arjun Krishnan,Adv. 19Mr. D.M. Nargolkar,Adv.
Mr. Piyush Sharma,Adv.Mr. D. Bharat Kumar,Adv.Mr. Sayooj Mohandas M.,Adv.For Mr. Abhijit Sengupta,Adv.Mr. Vatsal Shah,Adv.Mr. S. Aravindh,Adv.For Mr. Senthil Jagadeesan,Adv.Mr. B. Subrahmanya Prasad,Adv.Mr. Suresh Dutt Dobhal,Adv.Mr. Subramonium Prasad,Adv.Mr. V.N. Raghupathy,Adv.Mr. Rajeev K. Pandey,Adv.For Mr. Rajeev Maheshwaranand Roy,Adv.Mr. Nirnimesh Dube,Adv.Mr. Pravin Satale,Adv.For Mr. Rajiv Shankar Dwivedi,Adv.Mr. Ravindra Keshavrao Adsure,Adv.(Not present)Mr. Sanjay Kharde,Adv.For Mr. Amol Nirmalkumar Suryawanshi,Adv.Ms. Hemantika Wahi,Adv.Mr. S.N. Bhat,Adv.Ms. Anuradha Mutatkar,Adv.Mr. Sudhanshu S. Choudhari,Adv.Mr. Avijit Saxena,Adv.For M/s. Karanjawala & Co.,Advs.Mr. M.P. Vinod,Adv.Ms. Neelam S.,Adv.Mr. Dileep Pillai,Adv.Mr. Atul,Adv.Mr. Rajesh Mahale,Adv. 20Mr. Parvesh Thakur,Adv.Ms. Gargi Khanna,Adv.Ms. Anil Katiyar,Adv.Mr. Manish Pitale,Adv.Mr. Wasi Haider,Adv.For C.S. Ashri,Adv.Mr. Chinmoy Khaladkar,Adv.Ms. Neha Sharma,Adv.For Mr. Deeptakirti Verma,Adv.Mr. R.K. Verma,Adv.Mr. T.N. Razdan,Adv.Mr. Sonal Jain,Adv.Mr. Rajiv M. Brahma,Adv.
Mr. Sachin Patil,Adv.For Mr. Shriram P. Pingle,Adv.Mr. Lalit Bhasin,Adv.Ms. Nina Gupta,Adv.Mr. Mudit Sharma,Adv.Mr. Parvez A. Khan,Adv.For Mr. P.V. Yogeswarn,Adv.Mr. Rishi Maheshwari,Adv.Ms. Anne Mathew,Adv.Mr. Raj Kumar Kaushik,Adv.For Mr. P.S. Sudheer,Adv.Mr. Anil Nag,Adv.Mr. Gaurav Sharma,Adv.Ms. A. Sumathi,Adv.Mr. Ashok K. Mahajan,Adv.Mr. K. Rajeev,Adv .Mr. Mohit Kumar Shah,Adv.M/s. Dua Associates,Advs.Ms. Bharati Tyagi,Adv.Mr. Anil Kumar Sangal,Adv. 21 UPON hearing the counsel the Court made the following O R D E RSLP(C)No.21260 of 2011, WP(C)Nos.48 and 461 of 2012,SLP(C)Nos. 18732-18733/12, WP(C)Nos.37, 51, 52 and 58 of2013, SLP(C)No.15507 of 2013 and Cont.Pet.(C)No.320/13 inSLP(C)No.15507/13, WP(C) Nos.922 of 2013, WP(C)Nos.120, 208and 1020 of 2014 : List the matters on 10th March, 2015 at 10.30 a.m.CA Nos.5674, 5675, 5681, 5682, 5683, 5684 of 2009,WP(C)No.318/10, CA Nos.1468, 4391, 7410 of 2010,SLP(C)Nos.24309, 29859 of 2010, WP(C)Nos.220, 293, 306,308, 338, 375 and 411 of 2011, SLP(C)Nos.7295-7298,22304-22305 and 24479-24480 of 2011, WP(C)Nos.5, 97, 103,122, 199, 250, 291, 386, 460, 487, 537, 554 of 2012,SLP(C)Nos.24276, 30568 of 2012, WP(C)Nos.7, 36, 111, 112,138, 146, 151, 175, 179, 181, 191, 192, 201, 233, 236,238, 248, 250, 253, 264, 265, 266, 270, 271, 279, 280,284 of 2013, WP(C)Nos.353, 452, 469, 588, 753, 758, 761,762, 800, 819, 868, 1037, 1043, 1044, 1045 of 2013,SLP(C)Nos.12916, 15634-15635, 25126, 35137 of 2013, WP(C)Nos.5, 10, 33, 40, 352, 408, 420, 712, 714, 754, 756 of2014, SLP(C)No........CC 7586/2014, WP(C)No.795, 849,838, 827 of 2014, SLP(C)No.32589/2014 and WP(C)No.26/2015 : Heard the learned counsel. The ad-interim relief, granted earlier is modified
to the effect that the petitioner(s)/appellant(s) shallpay 25% of the amount payable as on 01.01.2015 ascalculated by the respondent-Bank or the assignee of thedebt, who has been impleaded as party-respondent, withinsix weeks from today and further 25% of the amount within 22six weeks thereafter. If the amount is not paid, as directed hereinabove,the order with regard to interim relief, shall standvacated. I.As. stand disposed of. The pendency of these appeals/petitions would notprevent the creditor-Bank from taking any otherappropriate action in accordance with law and it wouldalso be open to the borrower and the respondent Bank toarrive at any other understanding/settlement in respectof the amount payable by the petitioner(s)/appellant(s) List on 10th March, 2015.SLP(C)Nos.25929 and 25930 of 2009 : List on 10th March, 2015, at 10.30 a.m. It has been submitted that the proceedings arepending before the arbitrator. The stage at which theproceedings are pending shall be notified to this Courton the next date of hearing.WP(C)No.41/2011 : Heard the learned counsel. Ad-interim relief, granted earlier is modified tothe effect that the petitioner(s) shall pay 25% of theamount payable as on 01.01.2015 as calculated by therespondent-Bank or the assignee of the debt, who has been 23impleaded as party-respondent, within six weeks from
today and further 25% of the amount within six weeksthereafter. If the amount is not paid as directed hereinabove,the order with regard to interim relief, shall standvacated. I.A. stands disposed of. It has been further submitted by the learned counselfor the petitioner(s) that they are making an effort tosettle the dispute with the Bank amicably. If it is so, it would be open to the parties tosettle the dispute out of the Court and file necessarydocuments in this respect on the next date. The pendency of these petitions would not preventthe borrower-Bank from taking any other appropriateaction in accordance with law and it would also be opento the borrower and the respondent Bank to arrive at anyother understanding/settlement in respect of the amountpayable by the petitioner(s). List the matter on 10th March, 2015.W.P.(C)No.367/2011 : Heard the learned counsel. The ad-interim relief, granted earlier is modifiedto the effect that the petitioner(s) shall pay 25% of theamount payable as on 01.01.2015 as calculated by therespondent-Bank or the assignee of the debt, who has been 24impleaded as party-respondent, within six weeks fromtoday and further 25% of the amount within six weeksthereafter. If the amount is not paid, as directed hereinabove,the order with regard to interim relief, shall standvacated. I.A. stands disposed of. The pendency of these appeals/petitions would not
prevent the creditor-Bank from taking any otherappropriate action in accordance with law and it wouldalso be open to the borrower and the respondent Bank toarrive at any other understanding/settlement in respectof the amount payable by the petitioner(s)/appellant(s) List the matter on 10th March, 2015. The original petitioner shall file reply within twoweeks from today.C.A.No.2440/2011 : It has been submitted by the learned counsel for thepetitioner(s) that out of the seven creditors, sixcreditors have been paid in full and so far as theremaining one is concerned, a settlement has also beenarrived at, therefore this petition might not survive. The learned counsel for the petitioner(s) prays forsome time to take instruction in this regard. List the matter on 10th March, 2015, at 10.30 a.m. 25I.A.No. 1 in W.P.(C) No. 877/2013 : This application had been notified for hearing on24.04.2014 and the following order was passed :- "It has been brought to our notice that even prior to the filing of the present writ petition, the respondent Bank had entered into consent terms with M/s Manav Drugs Pvt. Ltd. And M/s Mac Pharma on 25th August, 2011. Under these consent terms, the applicants i.e. the borrowers had agreed to pay a sum of Rs. 7 crores towards full and final settlement of the Securitization Application (S.A.). Upon those consent terms, the Presiding Officer, Debts Recovery Tribunal-III, Mumbai has passed the following order :- "The parties have agreed for the consent terms and the S.A. is disposed of as per the consent terms. If the applicants fail to pay the amount Respondent Bank can sell the secured assets as per consent terms. The parties
shall abide by the conditions imposed in the terms and conditions of the consent terms. I pass no order as to costs." In view of the above, in our opinion, no useful purpose will be served by continuing the stay order granted on 30th September, 2013. The aforesaid stay order is hereby vacated. I.A.No. 1 (Application for interim orders/directions) in which the stay order has been granted is hereby dismissed. However, it is made clear that vacation of the aforesaid stay order shall not be taken into consideration at the time of the decision on S.A. or any other proceedings. Let the main Writ Petition No. 877 of 2013 be come up for hearing with the other matters. Tag with Writ Petition (Civil) No. 252 of 2011." 26 The above order shows that I.A.No. 1 of 2013 had beendismissed on 24.04.2014. It appears that due to some mistake,I.A.No. 1, though it had been dismissed on 24.04.2014, had beennotified for hearing on 04.02.2015. It appears that the dismissalof the application was not brought to the notice of this Court and,therefore, this Court passed the following order :- "Heard the learned counsel for the petitioner. None appears for the respondents. Ad-interim relief, granted on 30.9.2013, is modified to the effect that the petitioner shall pay 25% of the amount payable as on 01.01.2015 as calculated by the respondent-Bank or the assignee of the debt within six weeks from today and further 25% of the amount within one month thereafter. With the aforesaid modification, the interim relief granted earlier shall continue. List on 18.025.2015 at 10.30 a.m. Intimation of this order be sent by the Registry to the respondents. All the afore-stated matters will be heard along with the applications on 18.02.2015 at 10.0 a.m. for the whole day." As I.A.No. 1 had already been dismissed on 24.04.2014, noorders could have been passed on 04.02.2015 and the order which hadbeen passed on 04.02.2015 in I.A.No. 1 is due to some inadvertenceand the said order is hereby recalled. List the matter on 10th March, 2015.
W.P.No.1007/13 : The learned counsel appearing for the petitioners has submitted that the petitioners are ready and willing to get their mortgaged property sold in consultation with 27the Bank by way of private negotiations. He seeks timefor this purpose. List the matter on 10th March, 2015, at 10.30 a.m. Intimation be sent to the bank by the Registry.SLP(C)No.13100/2013 : The learned counsel for the petitioner would like toknow the stage at which the Writ Petition No.867/2013 ispending in the High Court. List the matter on 10th March, 2015, at 10.30 a.m.,so as to enable the learned counsel for the petitioner toknow the progress in the matter.W.P.(C)No.142/2014 : It has been submitted by the learned counsel for thepetitioner that during the pendency of this petition thedispute had been referred to an Arbitrator and theArbitrator has already passed an Award and Decree hasalso been made. The learned counsel for the petitioner wants toascertain the correctness of this averment and seeks timeto place on record the relevant documents. He is permitted to do so. List the matter on 10th March, 2015 at 10.30 a.m.W.P.(C)Nos.168 and 169 of 2014 : The learned counsel appearing for the petitioners 28has submitted that the property which had been mortgagedin favour of the creditors can be sold and the saleproceeds can be paid to the Bank. For this purpose he
would like to take instruction from his clients . In view of this, list the matter on 10th March,2015, at 10.30 a.m.W.P.(C)No.417/2014 : The learned counsel for the petitioner has submittedthat during the pendency of this petition, the parties tothe litigation have settled the matter out of the Courtand he would like to take instruction for withdrawal ofthis petition. In view of this, list the matter on 10th March,2015, at 10.30 a.m.W.P.(C)No.421/2014 : List on 10th March, 2015 at 10.30 a.m. Reply, if any, to the I.A. be filed on or before 6 thMarch, 2015.W.P.(C)No.492/2014 : Heard the learned counsel. No further proceeding shall be initiated against thepetitioner(s) under the provisions of The Securitizationand Reconstruction of Financial Assets and Enforcement of 29Security Interest Act, 2002 (SARFAESI Act), provided thepetitioner(s) pays/pay 25% of the amount payable as on01.01.2015, as calculated by the respondent-Bank, withinsix weeks from today and further 25% of the amountpayable as on 1st January, 2015 within six weeksthereafter. If the amount is not paid, as directed hereinabove,the order with regard to interim relief shall standvacated. I.A. stands disposed of.
List the matter on 10th March, 2015.W.P.(C)No.779/2014 : List on 10th March, 2015 at 10.30 a.m. Reply, if any, to the I.A. be filed on or before 6 thMarch, 2015.W.P.(C)No.929/2014 : The learned counsel for the respondents hassubmitted that there is a gross delay in filing thepetition. List on 10th March, 2015 at 10.30 a.m., for furtherhearing.W.P.(C)No.79 of 2015 : Heard the learned counsel for the petitioner. 30 Issue notice, returnable on 10th March, 2015. Mr. Vinay Navare, learned counsel, accepts notice onbehalf of Respondent No. 2. Notice be also issued through the standing counselfor the State. Ad-interim relief, granted earlier is modified tothe effect that the petitioner(s) shall pay 25% of theamount payable as on 01.01.2015 as calculated by therespondent-Bank or the assignee of the debt, who has beenimpleaded as party-respondent, within six weeks fromtoday and further 25% of the amount within six weeksthereafter. If the amount is not paid as directed hereinabove,the order with regard to interim relief, shall standvacated. I.A. stands disposed of. The pendency of the petition would not prevent the
borrower-Bank from taking any other appropriate action inaccordance with law and it would also be open to theborrower and the respondent Bank to arrive at any otherunderstanding/settlement in respect of the amount payableby the petitioner(s). It has been further submitted by the learned counselfor the petitioner(s) that they are making an effort tosettle the dispute with the Bank amicably. If it is so, it would be open to the parties tosettle the dispute out of the Court and file necessary 31 documents in this respect on the next date. With the aforesaid modification, the interim relief granted earlier shall continue. List the matter on 10th March, 2015. SLP(C)Nos.17054, 18775, 18777, 29720 and 29721 of 2013 : List the matters on 10th March, 2015. W.P.(C)Nos.40, 269, 378, 484, 529, 531 of 2011, 123, 248, 249, 369, 371, 490, 521 of 2012, 6 of 2013, 240 of 2014 : The writ petitions are disposed of as withdrawn in terms of the signed order. W.P.(C)No.272 of 2014 : The writ petition is disposed of as having become infructuous in terms of the signed order. W.P.(C)No.293/2012 : The writ petition is disposed of as withdrawn in terms of the signed Non-reportable Judgment.(Sarita Purohit) (Sneh Bala Mehra) Court Master Assistant Registrar(Signed order in W.P.(C)Nos.40, 269, 378, 484, 529, 531 of 2011 123, 248, 249, 369, 371, 490, 521 of 2012, 6 of 2013, 240 & 272 of 2014 and a Non-reportable Judgment in WP(C)No.293/2012 is placed on the file) 32
NON - REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (C) NOS.293 OF 2012 M/s. Thi Pack Pvt. Ltd. ...Petitioners VS. Union of India & Ors. ...Respondents J U D G M E N TANIL R. DAVE, J.1. The learned counsel for the petitioner seekspermission to withdraw this petition so as to file a freshpetition in view of the subsequent development in thematter.2. Permission is granted.3. The petition is disposed of as withdrawn.4. Rule also stands discharged.5. The ad-interim relief, if any, granted earlier shallcontinue for four weeks from today. 336. If there is any proposal from the petitioner forsettlement, we are sure that this order will not come inthe way of the parties to settle the matter. ..............J. [ANIL R. DAVE] ..............J. [KURIAN JOSEPH]New Delhi;18th February, 2015.
34
ITEM NO.801 COURT NO.3 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition(s)(Civil) No(s). 79/2015 M/S. SHREE BALAJI ASSOCIATES Petitioner(s) VERSUS STATE OF MAHARASHTRA AND ANR. Respondent(s) Date : 17/02/2015 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MRS. JUSTICE R. BANUMATHI For Petitioner(s) Mr. Chirag M. Shroff, Adv. (Mentioned by) For Respondent(s) UPON being mentioned by counsel the Court made the following O R D E R List tomorrow i.e. on 18.02.2015 along with Civil Appeal No. 5674 of 2009. (Jayant Kumar Arora) Sr. P.A. (Sneh Bala Mehra) Assistant Registrar
N ITEM NO.801 COURT NO.3 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition(s)(Civil) No(s). 79/2015 M/S. SHREE BALAJI ASSOCIATES Petitioner(s) VERSUS STATE OF MAHARASHTRA AND ANR. Respondent(s) Date : 17/02/2015 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MRS. JUSTICE R. BANUMATHI For Petitioner(s) Mr. Chirag M. Shroff, Adv. (Mentioned by) For Respondent(s) UPON being mentioned by counsel the Court made the following O R D E R List tomorrow i.e. on 18.02.2015 along with Civil Appeal No. 5674 of 2009. (Jayant Kumar Arora) (Sneh Bala Mehra) Sr. P.A. Assistant RegistrarSignature Not VerifiedDigitally signed byJayant Kumar AroraDate: 2015.02.1915:50:16 ISTReason:
ITEM NO.58 COURT NO.9 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition(s)(Civil) No(s). 1020/2014 SHILPA MUKESH SHAH Petitioner(s) VERSUS UNION OF INDIA AND ORS Respondent(s) (with office report) Date : 09/02/2015 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE M.Y. EQBAL HON'BLE MR. JUSTICE SHIVA KIRTI SINGH For Petitioner(s) Mr. Mathews. J. Nedumpara, Adv. Ms. S. Usha Reddy,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R This matter be listed along with C.A. No. 5674 of 2009. (Ashwani Kumar) (Indu Pokhriyal) COURT MASTER COURT MASTER
| ITEM NO.58 COURT NO.9 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition(s)(Civil) No(s). 1020/2014 SHILPA MUKESH SHAH Petitioner(s) VERSUS UNION OF INDIA AND ORS Respondent(s) (with office report) Date : 09/02/2015 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE M.Y. EQBAL HON'BLE MR. JUSTICE SHIVA KIRTI SINGH For Petitioner(s) Mr. Mathews. J. Nedumpara, Adv. Ms.S. Usha Reddy,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R This matter be listed along with C.A. No. 5674 of 2009. (Ashwani Kumar) (Indu Pokhriyal) COURT MASTER COURT MASTERSignature Not VerifiedDigitally signed byGulshan Kumar AroraDate: 2015.02.1017:13:58 ISTReason:
1 ITEM NO.101 COURT NO.3 SECTION IX (PH) S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No(s). 5674/2009 PANDURANG GANPATI CHAUGULE Appellant(s) VERSUS VISHWASRAO PATIL MURGUD SAHAKARI BANK L. Respondent(s) (with interim relief and office report) WITH C.A. NO. 5675/2009 (S. IX) (WITH INTERIM RELIEF AND OFFICE REPORT)C.A. NO. 5681/2009 (S. IX) (WITH OFFICE REPORT) C.A. NO. 5682/2009 (S. IX) (WITH INTERIM RELIEF AND OFFICE REPORT) C.A. NO.5683/2009 (S. IX) (WITH INTERIM RELIEF AND OFFICE REPORT) C.A. NO. 5684/2009 (S. IX) (WITH INTERIM RELIEF) SLP(C) NO. 25929/2009 (S. IX) (WITH INTERIM RELIEF AND OFFICE REPORT), W.P.(C) NO. 318/2010 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), C.A. NO. 1468/2010 (S. IV), C.A.NO. 4391/2010 (S. XIA) (WITH OFFICE REPORT), C.A. NO. 7410/2010 (S. IX) , SLP(C) NO. 24309/2010 (S. IX) , SLP(C) NO. 29859/2010 (S. IX) (WITH INTERIM RELIEF AND OFFICE REPORT), W.P.(C) NO. 40/2011 (S.X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 41/2011 (S. X) (WITH APPLN. (S)FOR STAY AND OFFICE REPORT) , W.P.(C) NO. 220/2011 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 293/2011 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO.306/2011 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 308/2011 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 338/2011 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 367/2011 (S. X) (WITH APPLN. (S) FOR DIRECTIONS AND INTERIM DIRECTIONS AND IMPLEADMENT AND IMPLEADMENT AND IMPLEADMENT AND IMPLEADMENT AND IMPLEADMENT AND OFFICE REPORT), W.P.(C) NO. 375/2011 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 378/2011 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 411/2011 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), C.A. NO. 2440/2011 (S.IX) (WITH OFFICE REPORT), SLP(C) NO. 7295-7298/2011 (S. IVA) (WITH OFFICE REPORT), SLP(C) NO. 22304-22305/2011 (S. IX) (WITH OFFICE REPORT) , SLP(C) NO. 24479-24480/2011 (S. IX) (WITH INTERIM RELIEF AND OFFICE REPORT) , W.P.(C) NO. 5/2012 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO. 97/2012 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO.103/2012 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 111/2012 (S. X) (WITH APPLN. (S) FOR STAY AND VACATING INTERIM ORDER AND OFFICE REPORT) , W.P.(C) NO. 122/2012 (S.X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 123/2012 (S. X) (WITH APPLN. (S)FOR STAY AND OFFICE REPORT), W.P.(C) NO. 199/2012 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 249/2012
2 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO. 250/2012 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P. (C) NO. 291/2012 (S. X) (WITH APPLN. (S) FOR EX-PARTE STAY AND OFFICE REPORT) , W.P.(C) NO. 293/2012 (S. X) (WITH APPLN. (S)FOR EX-PARTE STAY AND OFFICE REPORT) , W.P.(C) NO. 369/2012 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO. 371/2012 (S. X) (WITH APPLN. (S) FOR EX-PARTE STAY AND OFFICE REPORT) , W.P.(C) NO. 386/2012 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO.460/2012 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO. 461/2012 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO. 487/2012 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO. 537/2012 (S. X) (WITH APPLN. (S) FOR STAY AND PERMISSION TO FILE ADDITIONAL DOCUMENTS AND OFFICE REPORT) , W.P.(C) NO. 554/2012 (S. X) (WITH APPLN. (S)FOR STAY AND OFFICE REPORT) , SLP(C) NO. 18732-18733/2012 (S. IVA) (WITH INTERIM RELIEF AND OFFICE REPORT) , SLP(C) NO. 24276/2012 (S. IVA) (WITH INTERIM RELIEF AND OFFICE REPORT) , SLP(C)NO. 30568/2012 (S. IX) (WITH INTERIM RELIEF AND OFFICE REPORT) , W.P.(C) NO. 7/2013 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO. 36/2013 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO. 37/2013 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO. 112/2013 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO. 138/2013 (S.X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO. 146/2013 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO. 151/2013 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO. 175/2013 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 179/2013 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT),W.P.(C) NO. 181/2013 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P. (C) NO. 191/2013 (S. X) (WITH APPLN. (S) FOR STAY AND VACATION OF EX-PARTE STAY AND OFFICE REPORT) , W.P.(C) NO. 192/2013 (S. X) (WITH APPLN. (S)FOR STAY AND OFFICE REPORT) , W.P.(C) NO. 201/2013 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO. 233/2013 (S. X) (WITH APPLN. (S) FOR STAY AND SUBSTITUTION OF RESPONDENT AND OFFICE REPORT) , W.P.(C) NO. 236/2013 (S. X) (WITH APPLN. (S) FOR STAY AND SUBSTITUTION OF RESPONDENT AND OFFICE REPORT) , W.P.(C) NO. 238/2013 (S. X) (WITH APPLN. (S) FOR STAY AND SUBSTITUTION OF RESPONDENT AND OFFICE REPORT) , W.P.(C) NO. 250/2013 (S. X) (WITH APPLN. (S)FOR STAY AND OFFICE REPORT) , W.P. (C) NO. 265/2013 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO. 266/2013 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO.270/2013 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO. 271/2013 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO. 279/2013 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO. 280/2013 (S. X) (WITH OFFICE REPORT) , W.P.(C) NO. 353/2013 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 452/2013 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO. 469/2013 (S. X) (WITH OFFICE REPORT) , W.P.(C) NO. 753/2013 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO.
3 758/2013 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO. 761/2013 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 762/2013 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 800/2013 (S. X) (WITH APPLN. (S) FOR DIRECTIONS AND OFFICE REPORT) , W.P.(C) NO.819/2013 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO. 868/2013 (S. X) (WITH APPLN. (S) FOR INTERIM DIRECTIONS AND DIRECTIONS) , W.P. (C) NO. 1007/2013 (S. X) (WITH APPLN. (S)FOR STAY AND OFFICE REPORT) , W.P.(C) NO. 1043/2013 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO. 1044/2013 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO.1045/2013 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), SLP(C) NO. 12916/2013 (S. XIA) (WITH INTERIM RELIEF AND OFFICE REPORT), SLP(C) NO. 13100/2013 (S. IX) (WITH INTERIM RELIEF AND OFFICE REPORT) , SLP(C) NO. 15634-15635/2013 (S. IVA) (WITH OFFICE REPORT) , SLP(C) NO. 17054/2013 (S.IX) (WITH INTERIM RELIEF AND OFFICE REPORT) , SLP(C) NO. 18775/2013 (S. IX) (WITH INTERIM RELIEF AND OFFICE REPORT) , SLP(C) NO. 18777/2013 (S. IX) (WITH INTERIM RELIEF AND OFFICE REPORT) , SLP(C) NO. 25126/2013 (S. IX) (WITH INTERIM RELIEF) , SLP(C) NO. 29720/2013 (S. IX) (WITH OFFICE REPORT) , SLP(C) NO. 29721/2013 (S. IX) (WITH OFFICE REPORT) , SLP(C) NO. 35137/2013 (S.IX) (WITH INTERIM RELIEF AND OFFICE REPORT) , W.P. (C) NO. 5/2014 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO. 10/2014 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 40/2014 (S. X) (WITH APPLN. (S) FOR DIRECTIONS AND OFFICE REPORT) , W.P.(C) NO. 142/2014 (S. X) (WITH APPLN. (S) FOR EX-PARTE STAY AND OFFICE REPORT) , W.P.(C) NO. 208/2014 (S.X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) , W.P. (C) NO. 240/2014 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO. 272/2014 (S. X) (WITH APPLN. (S) FOR EX-PARTE STAY AND OFFICE REPORT), W.P.(C) NO. 352/2014 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO. 408/2014 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO.417/2014 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO. 420/2014 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO. 421/2014 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO. 492/2014 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO. 712/2014 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO. 714/2014 (S.X) (WITH APPLN. (S) FOR STAY AND DIRECTIONS) , W.P.(C) NO. 754/2014 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO. 756/2014 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO. 779/2014 (S. X) (WITH APPLN. (S) FOR STAY AND EXEMPTION FROM FILING O.T. AND OFFICE REPORT) , S.L.P.(C)... / 2014 CC NO. 7586 (S. IVA) (WITH APPLN. (S) FOR C/DELAY IN FILING SLP AND OFFICE REPORT) , W.P.(C) NO. 795/2014 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO. 849/2014 (S. X) (WITH APPLN. (S) FOR EX-PARTE STAY AND OFFICE REPORT) , W.P.(C) NO. 838/2014 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO. 827/2014 (S.X) (WITH APPLN. (S) FOR EX-PARTE STAY AND OFFICE REPORT) , W.P.(C) NO. 929/2014 (S. X) (WITH APPLN. (S) FOR
4 INTERIM RELIEF AND OFFICE REPORT) , SLP(C) NO. 32589/2014 (S. XIV) , W.P.(C) NO.26/2015 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 61/2011 (S. X) (WITH APPLN. (S) FOR STAY AND DIRECTIONS AND PERMISSION TO FILE COUNTER AFFIDAVIT AND OFFICE REPORT) , W.P.(C) NO. 484/2011 (S. X) (WITH APPLN. (S) FOR STAY AND VACATING INTERIM ORDER AND OFFICE REPORT) , SLP(C) NO. 21260/2011 (S. IX) (INTERIM RELIEF AND OFFICE REPORT) , W.P.(C) NO. 248/2012 (S. X) (WITH APPLN. (S) FOR VACATING INTERIM ORDER AND STAY AND OFFICE REPORT) Date : 05/02/2015 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE KURIAN JOSEPH For Appellant(s) Mr. V.K. Biju,Adv. Mr. M. Khairati,Adv. Mr. Irshad Ahmad,Adv. Mr. Vaibhav, Adv. Mr. Gaurav Agarwal,Adv. Mr. Devansh A. Mohta,Adv. Mr. Shishir Deshpande,Adv. Mr. Amit Yadav,Adv. For Ms. Sujata Kurdukar,Adv. Mr. Nikhil Nayyar,Adv. Ms. Anagha S. Desai,Adv. Mr. Sunil Kumar Verma,Adv. Ms. Chandan Ramamurthi,Adv. Mr. Ajit Kr. Sinha,Sr.Adv. Mr. Abhishek Prasad,Adv. Mr. Ashok Mathur,Adv. Mr. R. Sudhinder,Adv. Mr. T. N. Singh, Adv. Mr. Randhir Kumar, Adv. For Mr. Rameshwar Prasad Goyal, Adv. Mr. Jayant Kumar Mehta,Adv. Mr. Saurabh Dev Karan Singh, Adv. Ms. Madhavi Khare, Adv. Mr. Renjith B. Marar,Adv. Mr. Lakshmi N. Kaimal,Adv. For Mr. K.L. Taneja,Adv.
5 Mr. Pradhuman Gohil,Adv. Mr. Vikash Singh,Adv. Ms. Charu Mathur,Adv. Mr. Chirag M. Shroff,Adv. Mr. Satpal Singh,Adv. Mr. Vijay Kumar,Adv. Mr. Mathews J. Nedumpara,Adv. Mr. S. Sadasiva Reddy,Adv. Ms. Rohini Amin,Adv. For Ms. S. Usha Reddy,Adv. Mr. P.K. Manohar,Adv. Mr. Jayanth Muth Raj,Adv. Ms. Malavika J.Adv. Mr. Sureshan P.,Adv. Mr. Vishwajit Singh,Adv. Mr. H. Chandra Sekhar,Adv. Mr. Nikhil Goel,Adv. Mr. Marsook Bafaki, Adv. Mr. A. Venayagam Balan, Adv. Mr. Jatin Zaveri,Adv. Mr. Bankey Bihari Sharma,Adv. Mr. Jay Savla,Adv. Mr. S.W.A. Qadri,Adv. Mr. Tamim Qadri,Adv. For Mr. Lakshmi Raman Singh,Adv. Mr. Sarad Kumar Singhania,Adv. Mr. Harish Pandey,Adv. Mr. N.D.B. Raju,Adv. Ms. Bharathi R.,Adv. Mr. N. Ganpathy,Adv. Mr. S. Ravi Shankar,Adv. Mr. Amar Dave, Adv.
6 Mr. P.S. Sudheer,Adv. Mr. Rishi Maheshwari, Adv. Ms. Anne Mathew, Adv. Mr. Raj Kumar Kaushik, Adv. Mr. Amol Chitale, Adv. Ms. Pragya Baghel,Adv. Mr. Garvesh Kabra,Adv. Mr. Aabhas Parimal, Adv. Ms. Pooja Kabra, Adv. Ms. Neera Gokhale, Adv. Ms. Kamakshi S. Mehlwal,Adv. Mr. Santosh Paul,Adv. Mr. Debopriyo Pal,Adv. Mr. Arvind Gupta,Adv. Ms. Savita Singh,Adv. Mr. Harish Pandey,Adv. Mr. M.J. Paul,Adv. Mr. Rabin Majumder,Adv. Mr. Tarkeshwar Nath, Adv. Mr. Anirudh Sanganeria,Adv. Mr. Mukul Kumar,Adv. Mr. Sanjay Jain,Adv. Mr. S.K. Kulkarni,Adv. Mr. M. Gireesh Kumar,Adv. For Mr. Ankur S. Kulkarni,Adv. Mr. Ankur Saigal,Adv. Mr. Mahesh Agarwal,Adv. Mr. Rishi Agrawala,Adv. Mr. Vikrant Pachnand,Adv. For Mr. E.C. Agrawala,Adv. M/s. Temple Law Firm Ms. Garima Prashad,Adv. Mr. S.R. Singh,Sr.Adv. Mr. Avnish Singh,Adv. Mr. Rajesh Srivastava,Adv. For Ms. Asha Gopalan Nair,Adv. Mr. Shishir Deshpande,Adv.
7 Mr. S. S. Ray, Adv. Ms. Rakhi Ray,Adv. Mr. Atul Babasaheb Dakh,Adv. Ms. Rashmi Singh,Adv. Mr. Santosh Krishnan,Adv. Mr. Vineet Bhagat,Adv. Ms. Anindita Saha, Adv. Mr. Ajay Kumar Singh,Adv. Mr. Satpal Singh,Adv. For Respondent(s) Mr. B.B. Sawhney,Sr.Adv. Ms. Sunita Sharma,Adv. Mr. R.K. Rana,Adv. Mr. Triloki Nath Razdan,Adv. For Ms. Sushma Suri,Adv. Mr. Shekhar Naphade,Sr.Adv. Mr. Vinay Navare,Adv. Mr. Satyajeet Kumar, Adv. Mr. Keshav Ranjan,Adv. Ms. Gwan K.B., Adv. Ms. Abha R. Sharma,Adv. Mr. Kanika Baweja, Adv. Mr. Ashwani Srivastava, Adv. Mr. Krishan Kumar, Adv. Mr. Ashish Wad,Adv. For M/s. J.S. Wad & Co. Mr. Chinmoy Khaladkar,Adv. Mr. Preshit Surshe,Adv. Mr. Arjun Krishnan,Adv. Mr. Manish Pitale,Adv. Mr. Wasi Haider,Adv. For Mr. C.S. Asri,Adv. Mr. Jaideep Gupta,Sr.Adv. Mr. Kuldeep S. Parihar,Adv. Mr. H.S. Parihar,Adv. Mr. Uday B. Dube,Adv. Mr. Shankar Chillarge,AAG for Mr. Aniruddha P. Mayee,Adv.
8 Mr. Ashok K. Mahajan,Adv. Mr. Pratap Venugopal, Adv. Ms. Supriya Jain,Adv. For M/s. K.J. John & Co. Mr. Niraj Sharma,Adv. Mr. M.T. George,Adv. Mr. Chinmoy Khaladkar,Adv. Ms. Neha Sharma,Adv. Mr. Deeptakirti Verma,Adv. Mr. Atul Yeshwant Chitale,Sr.Adv. Mr. Shreekant N. Terdal,Adv. Ms. Praveena Gautam,Adv. Mr. Deepak Tyagi, Adv. Ms. P. Gupta, Adv. Mr. P.I. Jose,Adv. Mr. A.K. Prasad,Adv. Mr. Vishwanath Bahuguna,Adv. Mr. Shivaji M. Jadhav,Adv. Mr. C.K. Sasi,Adv. Mr. Yash Pal Dhingra,Adv. Mr. Tapesh Kumar Singh,Adv. Mr. Rajani K. Prasad,Adv. Ms. Sunita Rani Singh, Adv. Mr. Bankey Bihari Sharma, Adv. For Ms. N. Annapoorani,Adv. Mr. Yadunandan Bansal,Adv. Mr. Abhijat P. Medh,Adv. Mr. Anil Kumar Mishra,Adv. Mr. Shyam Divan,Sr.Adv. Mr. Arjun Krishnan,Adv. Mr. Ashish Tiwari,Adv. Mr. D.M. Nargolkar,Adv. Mr. Piyush Sharma,Adv.
9 Mr. D. Bharat Kumar,Adv. Mr. Joydip Roy, Adv. Mr. Sayooj Mohandal M.,Adv. Mr. T. Bhaskar Gowtham,Adv. For M r. Abhijit Sengupta,Adv. Mr. S. Aravindh,Adv. Ms. Kanchan,Adv. For Mr. Senthil Jagadeesan,Adv. Mr. B. Subrahmanya Prasad,Adv. Mr. Subramonium Prasad,Adv. Mr. V.N. Raghupathy,Adv. Mr. Rajeev K. Panday,Adv. Mr. Rajeev Maheshwaranand Roy,Adv. Mr. Siddhesh Kotwal, Adv. Mr. Annirudh Sharma, Adv. Ms. Shreya Bhatnagar, Adv. For Mr. Nirnimesh Dube,Adv. Mr. Pravin Satale,Adv. Mr. Rajiv Shankar Dv ivedi,Adv. Mr. Ravindra Keshavrao Adsure,Adv. Mr. Prashant Dahat,Adv. Mr. Siddeshwar Birdar,Adv. Mr. Sumit Pachkhande,Adv. Mr. Sanjay Kharde,Adv. Mr. Amol Nirmalkumar Suryawanshi,Adv. Ms. Hemantika Wahi,Adv. Mr. S.N. Bhat,Adv. Ms. Anuradha Mutatkar,Adv. For M/s. S.M. Jadhav & Company,Advs. Mr. Sudhanshu S. Choudhari,Adv. Mr. Debmalya Banerjee,Adv. Mr. Dilpreet Singh,Adv. Mr. Jasmeet Singh,Adv. Mr. Avijit Saxena,Adv. Ms. Jaimeet Kaur,Adv.
10 For M/s. Karanjawala & Co. Mr. M.P. Vinod,Adv. Mr. Atul Shanker Vinod, Adv. Ms. Neelam Saini, Adv. Mr. Rajesh Mahale,Adv. Mr. K. Rajeev,Adv. Mr. Mohit Kr. Shah,Adv. For M/s. Dua Associates,Adv. Ms. A. Sumathi,Adv. Mr. M.Y. Deshmukh,Adv. Ms. Sonal Jain,Adv. Mr. Rajiv M. Brahma,Adv. Mr. Sachin Patil,Adv. For Mr. Shriram P. Pingle,Adv. Ms. Bharti Tyagi,Adv. Mr. Anil K. Sangal,Adv. Mr. Siddharth Sangal,Adv. Mr. D.P. Mohanty,Adv. UPON hearing counsel the Court made the following O R D E R Mr. Garvesh Kabra, learned counsel, started his arguments at 02.20 PM and concluded at 03.05 PM. Thereafter, Mr. Nikhil Goel, learned counsel, started his arguments and concluded at 03.15 PM. Thereafter, Mr. Jayant Muthraj, learned counsel, stared his arguments and concluded at 03.20 PM. Thereafter, Mr. Shekhar Naphade, learned senior counsel, started his arguments and was on his legs when the Court rose for the day. List on 18.02.2015 at 10.30 AM as Part Heard (for whole day). Jayant Kumar Arora) Sr. P.A. (Renu Diwan) Court Master
ITEM NO.101(PH) COURT NO.3 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No.5674/2009 PANDURANG GANPATI CHAUGULE Appellant(s) VERSUS VISHWASRAO PATIL MURGUD SAHAKARI BANK L. Respondent(s) (With interim relief and office report) WITH C.A. No. 5675/2009 (With Interim Relief and Office Report) C.A. No. 5681/2009 (With Office Report) C.A. No. 5682/2009 (With Interim Relief and Office Report) C.A. No. 5683/2009 (With Interim Relief and Office Report) C.A. No. 5684/2009 (With Interim Relief) SLP(C) No. 25929/2009 (With Interim Relief and Office Report) SLP(C) No. 25930/2009 (With Interim Relief and Office Report) W.P.(C) No. 318/2010 (With appln.(s) for stay and Office Report) C.A. No. 1468/2010 (With Office Report) C.A. No. 4391/2010 (With Office Report) C.A. No. 7410/2010 SLP(C) No. 24309/2010 SLP(C)No.24309/309/2010 SLP(C) No. 29859/2010 (With Interim Relief and Office Report) 1
W.P.(C) No. 40/2011 (With appln.(s) for stay and Office Report) W.P.(C) No. 41/2011 (With appln.(s) for stay and Office Report) W.P.(C) No. 220/2011 (With appln.(s) for stay and Office Report) W.P.(C) No. 269/2011 (With appln.(s) for stay and vacating stay and Office Report) W.P.(C) No. 293/2011 (With appln.(s) for stay and Office Report) W.P.(C) No. 306/2011 (With appln.(s) for stay and Office Report) W.P.(C) No. 308/2011 (With appln.(s) for stay and Office Report) W.P.(C) No. 338/2011 (With appln.(s) for stay and Office Report) W.P.(C) No. 367/2011 (With appln.(s) for directions, interim directions and impleadment and Office Report) W.P.(C) No. 375/2011 (With appln.(s) for stay and Office Report) W.P.(C) No. 378/2011 (With appln.(s) for stay and Office Report) W.P.(C) No. 411/2011 (With appln.(s) for stay and Office Report) W.P.(C) No. 484/2011 (With appln.(s) for stay and vacating interim order and Office Report) W.P.(C) No. 529/2011 (With appln.(s) for stay and vacating interim order and Office Report) W.P.(C) No. 531/2011 (With appln.(s) for vacating interim order and stay and Office Report) C.A. No. 2440/2011 (With Office Report) 2
SLP(C) No. 7295-7298/2011 (With Office Report) SLP(C) No. 21260/2011 (With Interim Relief and Office Report) SLP(C) No. 22304-22305/2011 (With Office Report) SLP(C) No. 24479-24480/2011 (With Interim Relief and Office Report) W.P.(C) No. 5/2012 (With appln.(s) for stay and Office Report) W.P.(C) No. 48/2012 (With appln.(s) for amendment of the petition and stay and Office Report) W.P.(C) No. 97/2012 (With appln.(s) for stay and Office Report) W.P.(C) No. 103/2012 (With appln.(s) for stay and Office Report) W.P.(C) No. 111/2012 (With appln.(s) for vacating interim order and stay and Office Report) W.P.(C) No. 122/2012 (With appln.(s) for stay and Office Report) W.P.(C) No. 123/2012 (With appln.(s) for stay and Office Report) W.P.(C) No. 199/2012 (With appln.(s) for stay and Office Report) W.P.(C) No. 248/2012 (With appln.(s) for stay and vacating interim order and Office Report) W.P.(C) No. 249/2012 (With appln.(s) for stay and Office Report) W.P.(C) No. 250/2012 (With appln.(s) for stay and Office Report) W.P.(C) No. 291/2012 (With appln.(s) for ex-parte stay and Office Report) W.P.(C) No. 293/2012 (With appln.(s) for ex-parte stay and Office Report) 3
W.P.(C) No. 369/2012 (With appln.(s) for stay and Office Report) W.P.(C) No. 371/2012 (With appln.(s) for ex-parte stay and Office Report) W.P.(C) No. 386/2012 (With appln.(s) for stay and Office Report) W.P.(C) No. 460/2012 (With appln.(s) for stay and Office Report) W.P.(C) No. 461/2012 (With appln.(s) for stay and Office Report) W.P.(C) No. 487/2012 (With appln.(s) for stay and Office Report) W.P.(C) No. 490/2012 (With appln.(s) for stay and vacating stay and Office Report) W.P.(C) No. 521/2012 (With appln.(s) for vacating stay and stay and Office Report) W.P.(C) No. 537/2012 (With appln.(s) for stay and permission to file additional documents and Office Report) W.P.(C) No. 554/2012 (With appln.(s) for stay and Office Report) SLP(C) Nos. 18732-18733/2012 (With Interim Relief and Office Report) SLP(C) No. 24276/2012 (With Interim Relief and Office Report) SLP(C) No. 30568/2012 (With Interim Relief and Office Report) W.P.(C) No. 6/2013 (With appln.(s) for vacating stay and stay and Office Report) W.P.(C) No. 7/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 36/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 37/2013 (With appln.(s) for stay and Office Report) 4
W.P.(C) No. 51/2013 (With appln.(s) for stay and clarification of Court's order and Office Report) W.P.(C) No. 52/2013 (With appln.(s) for stay and clarification of Court's order and Office Report) W.P.(C) No. 58/2013 (With appln.(s) for stay and clarification of Court's order and Office Report) W.P.(C) No. 111/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 112/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 138/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 146/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 151/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 175/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 179/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 181/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 191/2013 (With appln.(s) for stay and vacation of ex-parte stay and Office Report) W.P.(C) No. 192/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 201/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 233/2013 (With appln.(s) for stay and substitution of respondent and Office Report) W.P.(C) No. 236/2013 (With appln.(s) for stay and substitution of respondent and Office Report) 5
W.P.(C) No. 238/2013 (With appln.(s) for stay and substitution of respondent and Office Report) W.P.(C) No. 248/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 250/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 253/2013 (With appln.(s) for stay and appln.(s) for vacating stay and Office Report) W.P.(C) No. 264/2013 (With appln.(s) for stay and impleadment and Office Report) W.P.(C) No. 265/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 266/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 270/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 271/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 279/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 280/2013 (With Office Report) W.P.(C) No. 284/2013 (With appln.(s) for stay and impleadment and Office Report) W.P.(C) No. 285/2013 (With appln.(s) for stay and vacating interim order and Office Report) CONMT.PET.(C) No. 320/2013 In SLP(C) No. 15507/2013 W.P.(C) No. 353/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 452/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 469/2013 (With Office Report) 6
W.P.(C) No. 588/2013 (With appln.(s) for stay, impleadment and impleadment as party respondent and Office Report) W.P.(C) No. 753/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 758/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 761/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 762/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 800/2013 (With appln.(s) for directions and Office Report) W.P.(C) No. 819/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 868/2013 (With appln.(s) for interim directions and directions) W.P.(C) No. 877/2013 (With appln.(s) for directions and Office Report) W.P.(C) No. 922/2013 (With appln.(s) for directions and Office Report) W.P.(C) No. 1007/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 1037/2013 (With appln.(s) for directions and stay and Office Report) W.P.(C) No. 1043/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 1044/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 1045/2013 (With appln.(s) for stay and Office Report) SLP(C) No. 12916/2013 (With Interim Relief and Office Report) SLP(C) No. 13100/2013 (With Interim Relief and Office Report) 7
SLP(C) No. 15507/2013 (With Office Report) SLP(C) No. 15634-15635/2013 (With Office Report) SLP(C) No. 17054/2013 (With Interim Relief and Office Report) SLP(C) No. 18775/2013 (With Interim Relief and Office Report) SLP(C) No. 18777/2013 (With Interim Relief and Office Report) SLP(C) No. 25126/2013 (With Interim Relief) SLP(C) No. 29720/2013 (With Office Report) SLP(C) No. 29721/2013 (With Office Report) SLP(C) No. 35137/2013 (With Interim Relief and Office Report) W.P.(C) No. 5/2014 (With appln.(s) for stay and Office Report) W.P.(C) No. 10/2014 (With appln.(s) for stay and Office Report) W.P.(C) No. 33/2014 (With appln.(s) for stay and appln.(s) for impleadment and appln. (s) for impleadment and Office Report) W.P.(C) No. 40/2014 (With appln.(s) for directions and Office Report) W.P.(C) No. 120/2014 (With appln.(s) for stay, impleadment and vacating interim relief and Office Report) W.P.(C) No. 142/2014 (With appln.(s) for ex-parte stay and Office Report) W.P.(C) No. 168/2014 (With appln.(s) for vacating stay and stay and Office Report) W.P.(C) No. 169/2014 (With appln.(s) for vacating stay and stay and Office Report) 8
W.P.(C) No. 208/2014 (With appln.(s) for stay and Office Report) W.P.(C) No. 240/2014 (With appln.(s) for stay and Office Report) W.P.(C) No. 272/2014 (With appln.(s) for ex-parte stay and Office Report) W.P.(C) No. 352/2014 (With appln.(s) for stay and Office Report) W.P.(C) No. 408/2014 (With appln.(s) for stay and Office Report) W.P.(C) No. 417/2014 (With appln.(s) for stay and Office Report) W.P.(C) No. 420/2014 (With appln.(s) for stay and Office Report) W.P.(C) No. 421/2014 (With appln.(s) for stay and Office Report) W.P.(C) No. 492/2014 (With appln.(s) for stay and Office Report) W.P.(C) No. 712/2014 (With appln.(s) for stay and Office Report) W.P.(C) No. 714/2014 (With appln.(s) for stay) W.P.(C) No. 737/2014 (With appln.(s) for stay and Office Report) W.P.(C) No. 738/2014 (With appln.(s) for stay and ex-parte stay and Office Report) W.P.(C) No. 739/2014 (With appln.(s) for stay and ex-parte stay and Office Report) W.P.(C) No. 740/2014 (With appln.(s) for stay and ex-parte stay and Office Report) W.P.(C) No. 754/2014 (With appln.(s) for stay and Office Report) W.P.(C) No. 756/2014 (With appln.(s) for stay and Office Report) 9
W.P.(C) No. 779/2014 (With appln.(s) for stay and exemption from filing O.T. and Office Report) S.L.P.(C)..........CC No. 7586/2014 (With appln.(s) for c/delay in filing SLP and Office Report) W.P.(C) No. 795/2014 (With appln.(s) for stay and Office Report) W.P.(C) No. 849/2014 (With appln.(s) for ex-parte stay and Office Report) W.P.(C) No. 838/2014 (With appln.(s) for stay and Office Report) W.P.(C) No. 827/2014 (With appln.(s) for ex-parte stay and Office Report) W.P.(C) No. 929/2014 (With appln.(s) for interim relief and Office Report) SLP(C) No. 32589/2014 (With Office Report) Date : 04/02/2015 These petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE KURIAN JOSEPH For Appellant(s) Mr. M. Khairati,Adv. Mr. Gaurav Agarwal,Adv. Mr. Nikhil Nayyar,Adv. Ms. Anagha S. Desai,Adv. Mr. Sunil Kumar Verma,Adv. Mr. Chinmoy Khaladkar,Adv. For Ms. Chandan Ramamurthy,Adv. Mr. Ajit Kr. Sinha,Sr.Adv. Mr. R. Sudhinder,Adv. Mr. Ashok Mathur,Adv. Mr. Sampat P.,Adv. Mr. Tarkeshwar Nath,Adv. Mr. Randhir Kumar,Adv. 10
Mr. B.K. Pandey,Adv. Ms. Kirti Kumar,Adv. Mr. Saurabh Kumar Tuteja,Adv. Mr. Rameshwar Prasad Goyal,Adv. Mr. Jayant K. Mehta,Adv. Ms. Madhavi Khare,Adv. Mr. Saurabh Dev Karan Singh,Adv. Mr. Ranjith B. Marar,Adv. Ms. Lakshmi N. Kaimal,Adv. Mr. Kumar Gaurav,Adv. For Mr. K.L. Taneja,Adv. Mr. Nikhil Goel,Adv. Ms. Naveen Goel,Adv. Mr. Marsook Bafaki,Adv. Mr. A.V. Balan,Adv. Ms. Charu Mathur,Adv. Mr. Chirag M. Shroff,Adv. Mr. Satpal Singh,Adv. Mr. D.K. Chobe,Adv. Mr. Vijay Kumar,Adv. Mr. Mathews J. Nedumpara,Adv. Mr. S. Sadasiva Reddy,Adv. Ms. Rohini Amin,Adv. Ms. S. Usha Reddy,Adv. Mr. P.K. Manohar,Adv. Mr. Harish Beeran,Adv. Mr. Jayanth Muth Raj,Adv. Mr. Sureshan P.,Adv. Mr. Vishwajit Singh,Adv. Mr. H. Chandra Sekhar,Adv. Mr. Devansh A. Mohta,Adv. Mr. Shishir Deshpande,Adv. Ms. Sujata Kurdukar,Adv. Mr. Amit Yadav,Adv. Mr. Jatin Zaveri,Adv. Mr. Ranjan Sabharwal,Adv. Mr. Bankey Bihari Sharma,Adv. 11
Mr. Jay Savla,Adv. Mr. Lakshmi Raman Singh,Adv. Mr. Sarad Kumar Singhania,Adv. Mr. Harish Pandey,Adv. Mr. N. Ganpathy,Adv. Mr. S. Ravi Shankar,Adv. Mr. P.S. Sudheer,Adv. Mr. Amol Chitale,Adv. Ms. Pragya Baghel,Adv. Ms. Shweta S. Parihar,Adv. Mr. Garvesh Kabra,Adv. Mr. Anup Lohiya,Adv. Mr. R.A. Agarwal,Adv. Ms. Pooja Kabra,Adv. Ms. Kamakshi S. Mehlwal,Adv. Mr. Irshad Ahmad,Adv. Mr. M.J. Paul,Adv. Mr. Rabin Majumder,Adv. Mr. Anirudh Sanganeria,Adv. Mr. Mukul Kumar,Adv. Mr. Sanjay Jain,Adv. Mr. S.K. Kulkarni,Adv. Mr. M. Gireesh Kumar,Adv. Mr. Ankur S. Kulkarni,Adv. Mr. Ankur Saigal,Adv. Mr. Mahesh Agarwal,Adv. Mr. Rishi Agrawala,Adv. Mr. E.C. Agrawala,Adv. M/s. Temple Law Firm,Advs. Ms. Garima Prashad,Adv. Mr. S.R. Singh,Sr.Adv. Mr. A. Singh,Adv. Mr. Ankur Yadav,Adv. Ms. Asha Gopalan Nair,Adv. 12
Mr. S.S. Ray,Adv. For Ms. Rakhi Ray,Adv. Mr. Atul Babasaheb Dakh,Adv. Ms. Rashmi Singh,Adv. Mr. V. Giri,Sr.Adv. Mr. V.K. Biju,Adv. Mr. Santosh Krishnan,Adv. Mr. Vineet Bhagat,Adv. Mr. Ajay Kumar Singh,Adv. Mr. D.P. Singh,Adv. Ms. Sonam Gupta,Adv. Mr. Raj Kiran,Adv. Mr. Santosh Paul,Adv. Mr. Harish Pandey,Adv. Ms. Debopriyo Pal,Adv. For Respondent(s) Mr. Shekhar Naphade,Sr.Adv. Mr. Vinay Navare,Adv. Mr. Satyajeet Kumar,Adv. Mr. Keshav Ranjan,Adv. Ms. Gwen KB,Adv. Ms. Abha R. Sharma,Adv. Mr. Shekhar Naphade,Sr.Adv. Mr. Chinmoy Khaladkar,Adv. Mr. Preshit Surshe,Adv. Mr. Arjun Krishnan,Adv. Mr. Shekhar Naphade,Sr.Adv. Mr. Krishan Kumar,Adv. Mr. Jaideep Gupta,Sr.Adv. Mr. Kuldeep S. Parihar,Adv. Mr. H.S. Parihar,Adv. Mr. Harin P. Raval,Sr.Adv. Mr. Yadunandan Bansal,Adv. ` Mr. Nipun Saxena,Adv. Mr. Pratap Venugopal,Adv. Ms. Supriya Jain,Adv. Mr. Gautav Nair,Adv. Ms. Niharika,Adv. For M/s. K.J. John & Co.,Advs. 13
Mr. B.B. Sawhney,Sr.Adv. Ms. Sunita Sharma,Adv. For Ms. Sushma Suri,Adv. For Mr. S.N. Terdal,Adv. Mr. P.I. Jose,Adv. Mr. Alok K. Prasad,Adv. Mr. Vishwanath Bahuguna,Adv. Ms. Praveena Gautam,Adv. Mr. Deepak Tyagi,Adv. Ms. Pusshp Gupta,Adv. Mr. Avijit Saxena,Adv. Ms. Jyotika Jain,Adv. For M/s. Karanjawala & Co.,Advs. Mr. Yadunandan Bansal,Adv. Mr. Abhijat P. Medh,Adv. Mr. S. Prasad,Adv. Mr. Suresh Dhobal,Adv. Mr. Rajiv Dalal,Adv. Mr. Anil Kumar Sangal,Adv. Mr. Siddharth Sangal,Adv. Mr. D.P. Mohanty,Adv. Mr. Sanjay Kharde,Adv. Mr. Amol N. Suryawanshi,Adv. Ms. Vibha Datta Makhija,Sr.Adv. Mr. Praveen Chaturvedi,Adv. Mr. D. Bharat Kumar,Adv. Mr. Sayooj Mohandas M.,Adv. Mr. T. Bhaskar Gowtham,Adv. Mr. Abhijit Sengupta,Adv. Mr. Chinmoy Khaladkar,Adv. Ms. Neha Sharma, Adv. Mr. Deeptakirti Verma,Adv. Mr. S. Aravindh.Adv. Mr. A. Lakshmi Narayanan,Adv. Mr. Senthil Jagadeesan,Adv. Mr. Tapesh Kumar Singh,Adv. Mr. Mohd. Waquas,Adv. Mr. Sachin Patil,Adv. Mr. Shri Ram P. Pingle,Adv. 14
Mr. Pravin Satale,Adv. Mr. Rajiv Shankar Dvivedi,Adv. Mr. Rajeev K. Panday,Adv. Mr. Rajeev M. Roy,Adv. Mr. M.P. Vinod,Adv. Mr. Atul Shankar Vinod,Adv. Ms. Chandrani Prasad,Adv. Mr. Anurag Singh,Adv. Mr. A.K. Mishra,Adv. Mr. Wasi Haider,Adv. For Mr. C.S. Ashri,Adv. Mr. Uday B. Dube,Adv. Mr. Aniruddha P. Mayee,Adv. Mr. Niraj Sharma,Adv. Mr. M.T. George,Adv. Mr. Shivaji M. Jadhav,Adv. For M/s. S.M. Jadhav & Company,Advs. Mr. C.K. Sasi,Adv. Mr. Yash Pal Dhingra,Adv. Ms. N. Annapoorani,Adv. Mr. D.M. Nargolkar,Adv. Mr. Piyush Sharma,Adv. Mr. B. Subrahmanya Prasad,Adv. Mr. V.N. Raghupathy,Adv. Mr. Nirnimesh Dube,Adv. Mr. Ravindra Keshavrao Adsure,Adv. Ms. Hemantika Wahi,Adv. Mr. S.N. Bhat,Adv. Ms. Anuradha Mutatkar,Adv. 15
Mr. Sudhanshu S. Choudhari,Adv. Mr. Rajesh Mahale,Adv. Mr. Krishan Kumar,Adv. Mr. Ashok K. Mahajan,Adv. Mr. K. Rajeev,Adv. Mr. Mohit Kr. Shah,Adv. M/s. Dua Associates,Adv. Ms. A. Sumathi,Adv. Mr. M.Y. Deshmukh,Adv. Ms. Sonal Jain,Adv. Ms. Bharti Tyagi,Adv. UPON hearing the counsel the Court made the following O R D E R I.A.No.1 in SLP(C)No. 25930/2009 : Reply to the interlocutory application be filed within 10 days from today. List on 18.02.2015 at 10.30 a.m. I.A.No.2 in W.P.(C)No.269/2011 : List on 18.02.2015 at 10.30 a.m. I.A.No.3/2013, I.A.No.4/2013 and I.A.No.4/2014 in SLP(C)No.15507/2013 : Reply to the interlocutory application be filed within 10 days from today. List on 18.02.2015 at 10.30 a.m. 16
I.A.No.3 of SLP(C)No.21260/2011 : As requested, additional affidavit be filed within 10 days from today by either side. List on 18.02.2015 at 10.30 a.m. I.A.No.2 in WP(C)No.529/2011 : Reply to the interlocutory application be filed within 10 days from today. List on 18.02.2015 at 10.30 a.m. I.A.No.2 in WP(C)No.531/2011 : Reply to the interlocutory application be filed within 10 days from today. List on 18.02.2015 at 10.30 a.m. I.A.No.2 in WP(C)No.248/2012 : Reply to the interlocutory application be filed within 10 days from today. List on 18.02.2015 at 10.30 a.m. I.A.No. 2 in WP(C)No.484/2011 : Reply to the interlocutory application be filed within 10 days from today. List on 18.02.2015 at 10.30 a.m. I.A.No.2 in WP(C)No.33/2014 : The application for impleadment is allowed. Ad-interim relief, granted on 17.01.2014, is modified to the effect that the petitioner shall pay 25% of the amount payable as on 01.01.2015 as calculated by 17
the respondent-Bank or the assignee of the debt, who has been impleaded as party-respondent today within six weeks from today and further 25% of the amount, within one month thereafter. List on 18.02.2015 at 10.30 a.m. I.A.No.2 in WP(C)No.264/2013 : The application for impleadment is allowed. List on 18.02.2015 at 10.30 a.m. I.A.No.2 in WP(C)No.284/2013 : The application for impleadment is allowed. List on 18.02.2015 at 10.30 a.m. I.A.Nos.2 & 3 in WP(C)No.588/2013 : The applications for impleadment are allowed. List on 18.02.2015 at 10.30 a.m. I. No.3 in WP(C)No.120/2014 : The application for impleadment is allowed. List on 18.02.2015 at 10.30 a.m. I. A.No.2 in WP(C)No.120/2014 : Heard the learned counsel for the respondent-Bank. T he learned counsel for the petitioner was not present when the matter was called out in the morning. Even in the afternoon, no body appears for the petitioner. It has been submitted by the learned counsel for the respondent-Bank, that even prior to the filing of this petition, the property belonging to the petitioner had been disposed of for the purpose of recovery of amount 18
due and payable by the petitioner. In the circumstances, ad-interim relief granted on 24.02.2014 is vacated. List on 18.02.2015 at 10.30 a.m. for further orders. I.A.No.2 in WP(C)No.1037/2013 : Heard the learned counsel for the parties. Ad-interim relief, granted on 17.12.2013, is modified to the effect that the petitioner shall pay 25% of the amount payable as on 01.01.2015 as calculated by the respondent-Bank or the assignee of the debt who has been impleaded as party-respondent today within six weeks from today and further 25% of the amount within one month thereafter. List on 18.02.2015 at 10.30 a.m. I.A.No.2 in WP(C)No.737/2014, I.A.No.2 in WP(C)No. 738/2014, I.A.No.2 in WP(C)No.739/2014, I.A.No.2 in WP(C) No.740/2014 : Detagged. List on 13.07.2015 at 02.00 PM. Interim relief granted earlier shall continue. I.A.No.2 in WP(C)No.490/2012, I.A.No.2 in WP(C)No. 521/2012, I.A.No.2 in WP(C)No.6/2013, I.A.No.2 in WP(C) No.253/2013 : R eply to the interlocutory applications be filed within 10 days from today. List on 18.02.2015 at 10.30 a.m. I.A.No.2 in WP(C)No.48/2012 : The application for impleadment is allowed. The petitioner is permitted to file amended copy of the petition within 10 days from today. 19
List on 18.02.2015 at 10.30 a.m. I.A.No.2 in WP(C)No.168/2014 and I.A.No.2 in WP(C) No.169/2014 : Reply to the interlocutory applications be filed within 10 days from today. List on 18.02.2015 at 10.30 a.m. WP(C)No.922/2013 : List on 18.02.2015 at 02.00 PM so as to enable the respondent-Bank to place on record further developments which have taken place during the pendency of this petition. I.A.No.2 in WP(C)No.51/2013, I.A.No.2 in WP(C)No.52/ 2013, I.A.No.2 in WP(C)No.58/2013 : R eply to the interlocutory applications be filed within 10 days from today. List on 18.02.2015 at 10.30 a.m. I.A.No.1/2013 in W.P.(C)No.877 of 2013 : Heard the learned counsel for the petitioner. None appears for the respondents. Ad-interim relief, granted on 30.9.2013, is modified to the effect that the petitioner shall pay 25% of the amount payable as on 01.01.2015 as calculated by the respondent-Bank or the assignee of the debt within six weeks from today and further 25% of the amount within one month thereafter. With the aforesaid modification, the interim relief granted earlier shall continue. List on 18.02.2015 at 10.30 a.m. Intimation of this order be sent by the Registry to the respondents. 20
All the afore-stated matters will be heard along with the applications on 18.02.2015 at 10.30 a.m. for the whole day. W.P.(C).1007/2013 : Mr. Garvesh Kabra, learned counsel appearing for the petitioner(s) started his arguments at 3.45 p.m. but could not complete his arguments. The matter remained part-heard. List WP(C)No.1007/2013, which remained part-heard, and the remaining matters tomorrow at 2.00 p.m. as Part-heard. W.P.(C)No.111/2012 and 285/2013 : The writ petitions are disposed of as withdrawn in terms of the signed order. Ad-interim relief granted earlier shall stand vacated in both the matters. (Sarita Purohit) (Sneh Bala Mehra) Court Master Assistant Registrar (Signed orders in W.P.(C)No.111/2012 and 285/2013 are placed on the file) 21
IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (C) No. 111 of 2012 SMITA SUBHASHCHANDRA MAHAJAN Petitioner(s) VERSUS UNION OF INDIA & ORS. Respondent(s) O R D E R The learned counsel for the petitioner seeks permission to withdraw this writ petition in view of the changed circumstances. Permission is granted with liberty to file fresh petition. The Writ Petition is, accordingly, disposed of as withdrawn. Ad-interim relief granted earlier stands vacated. .......................J. [ANIL R. DAVE] .......................J. [KURIAN JOSEPH] New Delhi; February 04, 2015. 22
IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (C) No. 285 of 2013 M/S SHREE BALAJI ASSOCIATES PETITIONER(S) VERSUS UNION OF INDIA & ORS. RESPONDENT(S) O R D E R The learned counsel for the petitioner seeks permission to withdraw this Writ Petition in view of the changed circumstances. Permission is granted with liberty to file fresh petition. The Writ Petition is, accordingly, disposed of as withdrawn. Ad-interim relief granted earlier stands vacated. ...............J. [ANIL R. DAVE] ...............J. [KURIAN JOSEPH] New Delhi; February 04, 2015. 23
xØ ITEM NO.101(PH) COURT NO.3 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No.5674/2009 PANDURANG GANPATI CHAUGULE Appellant(s) VERSUS VISHWASRAO PATIL MURGUD SAHAKARI BANK L. Respondent(s) (With interim relief and office report) WITH C.A. No. 5675/2009 (With Interim Relief and Office Report) C.A. No. 5681/2009 (With Office Report) C.A. No. 5682/2009 (With Interim Relief and Office Report) C.A. No. 5683/2009 (With Interim Relief and Office Report) C.A. No. 5684/2009 (With Interim Relief) SLP(C) No. 25929/2009 (With Interim Relief and Office Report) SLP(C) No. 25930/2009 (With Interim Relief and Office Report) W.P.(C) No. 318/2010 (With appln.(s) for stay and Office Report) C.A. No. 1468/2010 (With Office Report) C.A. No. 4391/2010 (With Office Report) C.A. No. 7410/2010 SLP(C) No. 24309/2010 SLP(C)No.24309/309/2010Signature Not VerifiedDigitally signed bySarita PurohitDate: 2015.02.10 SLP(C) No. 29859/201016:42:44 ISTReason: (With Interim Relief and Office Report) 1 W.P.(C) No. 40/2011(With appln.(s) for stay and Office Report) W.P.(C) No. 41/2011(With appln.(s) for stay and Office Report)
W.P.(C) No. 220/2011(With appln.(s) for stay and Office Report) W.P.(C) No. 269/2011(With appln.(s) for stay and vacating stay and Office Report) W.P.(C) No. 293/2011(With appln.(s) for stay and Office Report) W.P.(C) No. 306/2011(With appln.(s) for stay and Office Report) W.P.(C) No. 308/2011(With appln.(s) for stay and Office Report) W.P.(C) No. 338/2011(With appln.(s) for stay and Office Report) W.P.(C) No. 367/2011(With appln.(s) for directions, interim directions and impleadmentand Office Report) W.P.(C) No. 375/2011(With appln.(s) for stay and Office Report) W.P.(C) No. 378/2011(With appln.(s) for stay and Office Report) W.P.(C) No. 411/2011(With appln.(s) for stay and Office Report) W.P.(C) No. 484/2011(With appln.(s) for stay and vacating interim order and OfficeReport) W.P.(C) No. 529/2011(With appln.(s) for stay and vacating interim order and OfficeReport) W.P.(C) No. 531/2011(With appln.(s) for vacating interim order and stay and OfficeReport) C.A. No. 2440/2011(With Office Report) 2 SLP(C) No. 7295-7298/2011(With Office Report) SLP(C) No. 21260/2011(With Interim Relief and Office Report) SLP(C) No. 22304-22305/2011(With Office Report) SLP(C) No. 24479-24480/2011(With Interim Relief and Office Report) W.P.(C) No. 5/2012(With appln.(s) for stay and Office Report) W.P.(C) No. 48/2012(With appln.(s) for amendment of the petition and stay and OfficeReport) W.P.(C) No. 97/2012(With appln.(s) for stay and Office Report)
W.P.(C) No. 103/2012(With appln.(s) for stay and Office Report) W.P.(C) No. 111/2012(With appln.(s) for vacating interim order and stay and OfficeReport) W.P.(C) No. 122/2012(With appln.(s) for stay and Office Report) W.P.(C) No. 123/2012(With appln.(s) for stay and Office Report) W.P.(C) No. 199/2012(With appln.(s) for stay and Office Report) W.P.(C) No. 248/2012(With appln.(s) for stay and vacating interim order and OfficeReport) W.P.(C) No. 249/2012(With appln.(s) for stay and Office Report) W.P.(C) No. 250/2012(With appln.(s) for stay and Office Report) W.P.(C) No. 291/2012(With appln.(s) for ex-parte stay and Office Report) W.P.(C) No. 293/2012(With appln.(s) for ex-parte stay and Office Report) 3 W.P.(C) No. 369/2012(With appln.(s) for stay and Office Report) W.P.(C) No. 371/2012(With appln.(s) for ex-parte stay and Office Report) W.P.(C) No. 386/2012(With appln.(s) for stay and Office Report) W.P.(C) No. 460/2012(With appln.(s) for stay and Office Report) W.P.(C) No. 461/2012(With appln.(s) for stay and Office Report) W.P.(C) No. 487/2012(With appln.(s) for stay and Office Report) W.P.(C) No. 490/2012(With appln.(s) for stay and vacating stay and Office Report) W.P.(C) No. 521/2012(With appln.(s) for vacating stay and stay and Office Report) W.P.(C) No. 537/2012(With appln.(s) for stay and permission to file additionaldocuments and Office Report) W.P.(C) No. 554/2012(With appln.(s) for stay and Office Report) SLP(C) Nos. 18732-18733/2012(With Interim Relief and Office Report) SLP(C) No. 24276/2012
(With Interim Relief and Office Report) SLP(C) No. 30568/2012(With Interim Relief and Office Report) W.P.(C) No. 6/2013(With appln.(s) for vacating stay and stay and Office Report) W.P.(C) No. 7/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 36/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 37/2013(With appln.(s) for stay and Office Report) 4 W.P.(C) No. 51/2013(With appln.(s) for stay and clarification of Court's order andOffice Report) W.P.(C) No. 52/2013(With appln.(s) for stay and clarification of Court's order andOffice Report) W.P.(C) No. 58/2013(With appln.(s) for stay and clarification of Court's order andOffice Report) W.P.(C) No. 111/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 112/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 138/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 146/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 151/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 175/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 179/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 181/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 191/2013(With appln.(s) for stay and vacation of ex-parte stay andOffice Report) W.P.(C) No. 192/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 201/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 233/2013(With appln.(s) for stay and substitution of respondent andOffice Report)
W.P.(C) No. 236/2013(With appln.(s) for stay and substitution of respondent andOffice Report) 5 W.P.(C) No. 238/2013(With appln.(s) for stay and substitution of respondent andOffice Report) W.P.(C) No. 248/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 250/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 253/2013(With appln.(s) for stay and appln.(s) for vacating stay and OfficeReport) W.P.(C) No. 264/2013(With appln.(s) for stay and impleadment and Office Report) W.P.(C) No. 265/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 266/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 270/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 271/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 279/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 280/2013(With Office Report) W.P.(C) No. 284/2013(With appln.(s) for stay and impleadment and Office Report) W.P.(C) No. 285/2013(With appln.(s) for stay and vacating interim order and Office Report) CONMT.PET.(C) No. 320/2013 In SLP(C) No. 15507/2013 W.P.(C) No. 353/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 452/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 469/2013(With Office Report) 6 W.P.(C) No. 588/2013(With appln.(s) for stay, impleadment and impleadment asparty respondent and Office Report) W.P.(C) No. 753/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 758/2013
(With appln.(s) for stay and Office Report) W.P.(C) No. 761/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 762/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 800/2013(With appln.(s) for directions and Office Report) W.P.(C) No. 819/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 868/2013(With appln.(s) for interim directions and directions) W.P.(C) No. 877/2013(With appln.(s) for directions and Office Report) W.P.(C) No. 922/2013(With appln.(s) for directions and Office Report) W.P.(C) No. 1007/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 1037/2013(With appln.(s) for directions and stay and Office Report) W.P.(C) No. 1043/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 1044/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 1045/2013(With appln.(s) for stay and Office Report) SLP(C) No. 12916/2013(With Interim Relief and Office Report) SLP(C) No. 13100/2013(With Interim Relief and Office Report) 7 SLP(C) No. 15507/2013(With Office Report) SLP(C) No. 15634-15635/2013(With Office Report) SLP(C) No. 17054/2013(With Interim Relief and Office Report) SLP(C) No. 18775/2013(With Interim Relief and Office Report) SLP(C) No. 18777/2013(With Interim Relief and Office Report) SLP(C) No. 25126/2013(With Interim Relief) SLP(C) No. 29720/2013(With Office Report) SLP(C) No. 29721/2013
(With Office Report) SLP(C) No. 35137/2013(With Interim Relief and Office Report) W.P.(C) No. 5/2014(With appln.(s) for stay and Office Report) W.P.(C) No. 10/2014(With appln.(s) for stay and Office Report) W.P.(C) No. 33/2014(With appln.(s) for stay and appln.(s) for impleadment and appln.(s) for impleadment and Office Report) W.P.(C) No. 40/2014(With appln.(s) for directions and Office Report) W.P.(C) No. 120/2014(With appln.(s) for stay, impleadment and vacating interimrelief and Office Report) W.P.(C) No. 142/2014(With appln.(s) for ex-parte stay and Office Report) W.P.(C) No. 168/2014(With appln.(s) for vacating stay and stay and Office Report) W.P.(C) No. 169/2014(With appln.(s) for vacating stay and stay and Office Report) 8 W.P.(C) No. 208/2014(With appln.(s) for stay and Office Report) W.P.(C) No. 240/2014(With appln.(s) for stay and Office Report) W.P.(C) No. 272/2014(With appln.(s) for ex-parte stay and Office Report) W.P.(C) No. 352/2014(With appln.(s) for stay and Office Report) W.P.(C) No. 408/2014(With appln.(s) for stay and Office Report) W.P.(C) No. 417/2014(With appln.(s) for stay and Office Report) W.P.(C) No. 420/2014(With appln.(s) for stay and Office Report) W.P.(C) No. 421/2014(With appln.(s) for stay and Office Report) W.P.(C) No. 492/2014(With appln.(s) for stay and Office Report) W.P.(C) No. 712/2014(With appln.(s) for stay and Office Report) W.P.(C) No. 714/2014(With appln.(s) for stay) W.P.(C) No. 737/2014(With appln.(s) for stay and Office Report)
W.P.(C) No. 738/2014(With appln.(s) for stay and ex-parte stay and Office Report) W.P.(C) No. 739/2014(With appln.(s) for stay and ex-parte stay and Office Report) W.P.(C) No. 740/2014(With appln.(s) for stay and ex-parte stay and Office Report) W.P.(C) No. 754/2014(With appln.(s) for stay and Office Report) W.P.(C) No. 756/2014(With appln.(s) for stay and Office Report) 9 W.P.(C) No. 779/2014(With appln.(s) for stay and exemption from filing O.T. and OfficeReport) S.L.P.(C)..........CC No. 7586/2014(With appln.(s) for c/delay in filing SLP and Office Report) W.P.(C) No. 795/2014(With appln.(s) for stay and Office Report) W.P.(C) No. 849/2014(With appln.(s) for ex-parte stay and Office Report) W.P.(C) No. 838/2014(With appln.(s) for stay and Office Report) W.P.(C) No. 827/2014(With appln.(s) for ex-parte stay and Office Report) W.P.(C) No. 929/2014(With appln.(s) for interim relief and Office Report) SLP(C) No. 32589/2014(With Office Report)Date : 04/02/2015 These petitions were called on for hearing today.CORAM : HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE KURIAN JOSEPHFor Appellant(s) Mr. M. Khairati,Adv. Mr. Gaurav Agarwal,Adv. Mr. Nikhil Nayyar,Adv. Ms. Anagha S. Desai,Adv. Mr. Sunil Kumar Verma,Adv. Mr. Chinmoy Khaladkar,Adv. For Ms. Chandan Ramamurthy,Adv. Mr. Ajit Kr. Sinha,Sr.Adv. Mr. R. Sudhinder,Adv. Mr. Ashok Mathur,Adv. Mr. Sampat P.,Adv. Mr. Tarkeshwar Nath,Adv.
Mr. Randhir Kumar,Adv. 10Mr. B.K. Pandey,Adv.Ms. Kirti Kumar,Adv.Mr. Saurabh Kumar Tuteja,Adv.Mr. Rameshwar Prasad Goyal,Adv.Mr. Jayant K. Mehta,Adv.Ms. Madhavi Khare,Adv.Mr. Saurabh Dev Karan Singh,Adv.Mr. Ranjith B. Marar,Adv.Ms. Lakshmi N. Kaimal,Adv.Mr. Kumar Gaurav,Adv.For Mr. K.L. Taneja,Adv.Mr. Nikhil Goel,Adv.Ms. Naveen Goel,Adv.Mr. Marsook Bafaki,Adv.Mr. A.V. Balan,Adv.Ms. Charu Mathur,Adv.Mr. Chirag M. Shroff,Adv.Mr. Satpal Singh,Adv.Mr. D.K. Chobe,Adv.Mr. Vijay Kumar,Adv.Mr. Mathews J. Nedumpara,Adv.Mr. S. Sadasiva Reddy,Adv.Ms. Rohini Amin,Adv.Ms. S. Usha Reddy,Adv.Mr. P.K. Manohar,Adv.Mr. Harish Beeran,Adv.Mr. Jayanth Muth Raj,Adv.Mr. Sureshan P.,Adv.Mr. Vishwajit Singh,Adv.Mr. H. Chandra Sekhar,Adv.Mr. Devansh A. Mohta,Adv.Mr. Shishir Deshpande,Adv.Ms. Sujata Kurdukar,Adv.Mr. Amit Yadav,Adv.Mr. Jatin Zaveri,Adv.Mr. Ranjan Sabharwal,Adv.Mr. Bankey Bihari Sharma,Adv. 11Mr. Jay Savla,Adv.Mr. Lakshmi Raman Singh,Adv.Mr. Sarad Kumar Singhania,Adv.Mr. Harish Pandey,Adv.Mr. N. Ganpathy,Adv.
Mr. S. Ravi Shankar,Adv.Mr. P.S. Sudheer,Adv.Mr. Amol Chitale,Adv.Ms. Pragya Baghel,Adv.Ms. Shweta S. Parihar,Adv.Mr. Garvesh Kabra,Adv.Mr. Anup Lohiya,Adv.Mr. R.A. Agarwal,Adv.Ms. Pooja Kabra,Adv.Ms. Kamakshi S. Mehlwal,Adv.Mr. Irshad Ahmad,Adv.Mr. M.J. Paul,Adv.Mr. Rabin Majumder,Adv.Mr. Anirudh Sanganeria,Adv.Mr. Mukul Kumar,Adv.Mr. Sanjay Jain,Adv.Mr. S.K. Kulkarni,Adv.Mr. M. Gireesh Kumar,Adv.Mr. Ankur S. Kulkarni,Adv.Mr. Ankur Saigal,Adv.Mr. Mahesh Agarwal,Adv.Mr. Rishi Agrawala,Adv.Mr. E.C. Agrawala,Adv.M/s. Temple Law Firm,Advs.Ms. Garima Prashad,Adv.Mr. S.R. Singh,Sr.Adv.Mr. A. Singh,Adv.Mr. Ankur Yadav,Adv.Ms. Asha Gopalan Nair,Adv. 12 Mr. S.S. Ray,Adv. For Ms. Rakhi Ray,Adv. Mr. Atul Babasaheb Dakh,Adv. Ms. Rashmi Singh,Adv. Mr. V. Giri,Sr.Adv. Mr. V.K. Biju,Adv. Mr. Santosh Krishnan,Adv. Mr. Vineet Bhagat,Adv. Mr. Ajay Kumar Singh,Adv. Mr. D.P. Singh,Adv. Ms. Sonam Gupta,Adv. Mr. Raj Kiran,Adv. Mr. Santosh Paul,Adv. Mr. Harish Pandey,Adv. Ms. Debopriyo Pal,Adv.
For Respondent(s) Mr. Shekhar Naphade,Sr.Adv. Mr. Vinay Navare,Adv. Mr. Satyajeet Kumar,Adv. Mr. Keshav Ranjan,Adv. Ms. Gwen KB,Adv. Ms. Abha R. Sharma,Adv. Mr. Shekhar Naphade,Sr.Adv. Mr. Chinmoy Khaladkar,Adv. Mr. Preshit Surshe,Adv. Mr. Arjun Krishnan,Adv. Mr. Shekhar Naphade,Sr.Adv. Mr. Krishan Kumar,Adv. Mr. Jaideep Gupta,Sr.Adv. Mr. Kuldeep S. Parihar,Adv. Mr. H.S. Parihar,Adv. Mr. Harin P. Raval,Sr.Adv. Mr. Yadunandan Bansal,Adv. ` Mr. Nipun Saxena,Adv. Mr. Pratap Venugopal,Adv. Ms. Supriya Jain,Adv. Mr. Gautav Nair,Adv. Ms. Niharika,Adv. For M/s. K.J. John & Co.,Advs. 13Mr. B.B. Sawhney,Sr.Adv.Ms. Sunita Sharma,Adv.For Ms. Sushma Suri,Adv.For Mr. S.N. Terdal,Adv.Mr. P.I. Jose,Adv.Mr. Alok K. Prasad,Adv.Mr. Vishwanath Bahuguna,Adv.Ms. Praveena Gautam,Adv.Mr. Deepak Tyagi,Adv.Ms. Pusshp Gupta,Adv.Mr. Avijit Saxena,Adv.Ms. Jyotika Jain,Adv.For M/s. Karanjawala & Co.,Advs.Mr. Yadunandan Bansal,Adv.Mr. Abhijat P. Medh,Adv.Mr. S. Prasad,Adv.Mr. Suresh Dhobal,Adv.Mr. Rajiv Dalal,Adv.Mr. Anil Kumar Sangal,Adv.Mr. Siddharth Sangal,Adv.Mr. D.P. Mohanty,Adv.Mr. Sanjay Kharde,Adv.Mr. Amol N. Suryawanshi,Adv.Ms. Vibha Datta Makhija,Sr.Adv.Mr. Praveen Chaturvedi,Adv.Mr. D. Bharat Kumar,Adv.Mr. Sayooj Mohandas M.,Adv.Mr. T. Bhaskar Gowtham,Adv.Mr. Abhijit Sengupta,Adv.
Mr. Chinmoy Khaladkar,Adv.Ms. Neha Sharma, Adv.Mr. Deeptakirti Verma,Adv.Mr. S. Aravindh.Adv.Mr. A. Lakshmi Narayanan,Adv.Mr. Senthil Jagadeesan,Adv.Mr. Tapesh Kumar Singh,Adv.Mr. Mohd. Waquas,Adv.Mr. Sachin Patil,Adv.Mr. Shri Ram P. Pingle,Adv. 14Mr. Pravin Satale,Adv.Mr. Rajiv Shankar Dvivedi,Adv.Mr. Rajeev K. Panday,Adv.Mr. Rajeev M. Roy,Adv.Mr. M.P. Vinod,Adv.Mr. Atul Shankar Vinod,Adv.Ms. Chandrani Prasad,Adv.Mr. Anurag Singh,Adv.Mr. A.K. Mishra,Adv.Mr. Wasi Haider,Adv.For Mr. C.S. Ashri,Adv.Mr. Uday B. Dube,Adv.Mr. Aniruddha P. Mayee,Adv.Mr. Niraj Sharma,Adv.Mr. M.T. George,Adv.Mr. Shivaji M. Jadhav,Adv.For M/s. S.M. Jadhav & Company,Advs.Mr. C.K. Sasi,Adv.Mr. Yash Pal Dhingra,Adv.Ms. N. Annapoorani,Adv.Mr. D.M. Nargolkar,Adv.Mr. Piyush Sharma,Adv.Mr. B. Subrahmanya Prasad,Adv.Mr. V.N. Raghupathy,Adv.Mr. Nirnimesh Dube,Adv.Mr. Ravindra Keshavrao Adsure,Adv.Ms. Hemantika Wahi,Adv.Mr. S.N. Bhat,Adv.Ms. Anuradha Mutatkar,Adv.
15 Mr. Sudhanshu S. Choudhari,Adv. Mr. Rajesh Mahale,Adv. Mr. Krishan Kumar,Adv. Mr. Ashok K. Mahajan,Adv. Mr. K. Rajeev,Adv. Mr. Mohit Kr. Shah,Adv. M/s. Dua Associates,Adv. Ms. A. Sumathi,Adv. Mr. M.Y. Deshmukh,Adv. Ms. Sonal Jain,Adv. Ms. Bharti Tyagi,Adv. UPON hearing the counsel the Court made the following O R D E R I.A.No.1 in SLP(C)No.25930/2009 : Reply to the interlocutory application be filedwithin 10 days from today. List on 18.02.2015 at 10.30 a.m. I.A.No.2 in W.P.(C)No.269/2011 : List on 18.02.2015 at 10.30 a.m. I.A.No.3/2013, I.A.No.4/2013 and I.A.No.4/2014 inSLP(C)No.15507/2013 : Reply to the interlocutory application be filedwithin 10 days from today. List on 18.02.2015 at 10.30 a.m. 16 I.A.No.3 of SLP(C)No.21260/2011 : As requested, additional affidavit be filed within10 days from today by either side. List on 18.02.2015 at 10.30 a.m. I.A.No.2 in WP(C)No.529/2011 : Reply to the interlocutory application be filedwithin 10 days from today. List on 18.02.2015 at 10.30 a.m. I.A.No.2 in WP(C)No.531/2011 : Reply to the interlocutory application be filedwithin 10 days from today. List on 18.02.2015 at 10.30 a.m.
I.A.No.2 in WP(C)No.248/2012 : Reply to the interlocutory application be filedwithin 10 days from today. List on 18.02.2015 at 10.30 a.m. I.A.No.2 in WP(C)No.484/2011 : Reply to the interlocutory application be filedwithin 10 days from today. List on 18.02.2015 at 10.30 a.m. I.A.No.2 in WP(C)No.33/2014 : The application for impleadment is allowed. Ad-interim relief, granted on 17.01.2014, ismodified to the effect that the petitioner shall pay 25%of the amount payable as on 01.01.2015 as calculated by 17the respondent-Bank or the assignee of the debt, who hasbeen impleaded as party-respondent today within six weeksfrom today and further 25% of the amount, within onemonth thereafter. List on 18.02.2015 at 10.30 a.m. I.A.No.2 in WP(C)No.264/2013 : The application for impleadment is allowed. List on 18.02.2015 at 10.30 a.m. I.A.No.2 in WP(C)No.284/2013 : The application for impleadment is allowed. List on 18.02.2015 at 10.30 a.m. I.A.Nos.2 & 3 in WP(C)No.588/2013 : The applications for impleadment are allowed. List on 18.02.2015 at 10.30 a.m. I.No.3 in WP(C)No.120/2014 : The application for impleadment is allowed. List on 18.02.2015 at 10.30 a.m. I.A.No.2 in WP(C)No.120/2014 : Heard the learned counsel for the respondent-Bank. The learned counsel for the petitioner was notpresent when the matter was called out in the morning.Even in the afternoon, no body appears for thepetitioner. It has been submitted by the learned counsel for therespondent-Bank, that even prior to the filing of thispetition, the property belonging to the petitioner had
been disposed of for the purpose of recovery of amount 18due and payable by the petitioner. In the circumstances, ad-interim relief granted on24.02.2014 is vacated. List on 18.02.2015 at 10.30 a.m. for further orders. I.A.No.2 in WP(C)No.1037/2013 : Heard the learned counsel for the parties. Ad-interim relief, granted on 17.12.2013, ismodified to the effect that the petitioner shall pay 25%of the amount payable as on 01.01.2015 as calculated bythe respondent-Bank or the assignee of the debt who hasbeen impleaded as party-respondent today within six weeksfrom today and further 25% of the amount within one monththereafter. List on 18.02.2015 at 10.30 a.m. I.A.No.2 in WP(C)No.737/2014, I.A.No.2 in WP(C)No.738/2014, I.A.No.2 in WP(C)No.739/2014, I.A.No.2 in WP(C)No.740/2014 : Detagged. List on 13.07.2015 at 02.00 PM. Interim relief granted earlier shall continue. I.A.No.2 in WP(C)No.490/2012, I.A.No.2 in WP(C)No.521/2012, I.A.No.2 in WP(C)No.6/2013, I.A.No.2 in WP(C)No.253/2013 : Reply to the interlocutory applications be filedwithin 10 days from today. List on 18.02.2015 at 10.30 a.m. I.A.No.2 in WP(C)No.48/2012 : The application for impleadment is allowed. The petitioner is permitted to file amended copy ofthe petition within 10 days from today. 19 List on 18.02.2015 at 10.30 a.m. I.A.No.2 in WP(C)No.168/2014 and I.A.No.2 in WP(C)No.169/2014 : Reply to the interlocutory applications be filedwithin 10 days from today. List on 18.02.2015 at 10.30 a.m. WP(C)No.922/2013 : List on 18.02.2015 at 02.00 PM so as to enable therespondent-Bank to place on record further developmentswhich have taken place during the pendency of thispetition.
I.A.No.2 in WP(C)No.51/2013, I.A.No.2 in WP(C)No.52/2013, I.A.No.2 in WP(C)No.58/2013 : Reply to the interlocutory applications be filedwithin 10 days from today. List on 18.02.2015 at 10.30 a.m. I.A.No.1/2013 in W.P.(C)No.877 of 2013 : Heard the learned counsel for the petitioner. Noneappears for the respondents. Ad-interim relief, granted on 30.9.2013, is modifiedto the effect that the petitioner shall pay 25% of theamount payable as on 01.01.2015 as calculated by therespondent-Bank or the assignee of the debt within sixweeks from today and further 25% of the amount within onemonth thereafter. With the aforesaid modification, the interim reliefgranted earlier shall continue. List on 18.02.2015 at 10.30 a.m. Intimation of this order be sent by the Registry tothe respondents. 20 All the afore-stated matters will be heard alongwith the applications on 18.02.2015 at 10.30 a.m. for thewhole day. W.P.(C).1007/2013 : Mr. Garvesh Kabra, learned counsel appearing for thepetitioner(s) started his arguments at 3.45 p.m. butcould not complete his arguments. The matter remainedpart-heard. List WP(C)No.1007/2013, which remained part-heard,and the remaining matters tomorrow at 2.00 p.m. asPart-heard. W.P.(C)No.111/2012 and 285/2013 : The writ petitions are disposed of as withdrawn interms of the signed order. Ad-interim relief granted earlier shall standvacated in both the matters.(Sarita Purohit) (Sneh Bala Mehra) Court Master Assistant Registrar (Signed orders in W.P.(C)No.111/2012 and 285/2013 are placed on the file) 21 IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (C) No. 111 of 2012SMITA SUBHASHCHANDRA MAHAJAN Petitioner(s)
VERSUSUNION OF INDIA & ORS. Respondent(s) O R D E R The learned counsel for the petitioner seekspermission to withdraw this writ petition in view of thechanged circumstances. Permission is granted with liberty to file freshpetition. The Writ Petition is, accordingly, disposed ofas withdrawn. Ad-interim relief granted earlier stands vacated. .......................J. [ANIL R. DAVE] .......................J. [KURIAN JOSEPH]New Delhi;February 04, 2015. 22 IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (C) No. 285 of 2013M/S SHREE BALAJI ASSOCIATES PETITIONER(S) VERSUSUNION OF INDIA & ORS. RESPONDENT(S) O R D E R The learned counsel for the petitioner seekspermission to withdraw this Writ Petition in view of thechanged circumstances. Permission is granted with liberty to file freshpetition. The Writ Petition is, accordingly, disposed ofas withdrawn. Ad-interim relief granted earlier stands vacated.
...............J. [ANIL R. DAVE] ...............J. [KURIAN JOSEPH]New Delhi;February 04, 2015. 23
xØ ITEM NO.101(PH) COURT NO.3 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No.5674/2009 PANDURANG GANPATI CHAUGULE Appellant(s) VERSUS VISHWASRAO PATIL MURGUD SAHAKARI BANK L. Respondent(s) (With interim relief and office report) WITH C.A. No. 5675/2009 (With Interim Relief and Office Report) C.A. No. 5681/2009 (With Office Report) C.A. No. 5682/2009 (With Interim Relief and Office Report) C.A. No. 5683/2009 (With Interim Relief and Office Report) C.A. No. 5684/2009 (With Interim Relief) SLP(C) No. 25929/2009 (With Interim Relief and Office Report) SLP(C) No. 25930/2009 (With Interim Relief and Office Report) W.P.(C) No. 318/2010 (With appln.(s) for stay and Office Report) C.A. No. 1468/2010 (With Office Report) C.A. No. 4391/2010 (With Office Report) C.A. No. 7410/2010 SLP(C) No. 24309/2010 SLP(C)No.24309/309/2010Signature Not VerifiedDigitally signed bySarita PurohitDate: 2015.02.10 SLP(C) No. 29859/201016:42:44 ISTReason: (With Interim Relief and Office Report) 1 W.P.(C) No. 40/2011(With appln.(s) for stay and Office Report) W.P.(C) No. 41/2011(With appln.(s) for stay and Office Report)
W.P.(C) No. 220/2011(With appln.(s) for stay and Office Report) W.P.(C) No. 269/2011(With appln.(s) for stay and vacating stay and Office Report) W.P.(C) No. 293/2011(With appln.(s) for stay and Office Report) W.P.(C) No. 306/2011(With appln.(s) for stay and Office Report) W.P.(C) No. 308/2011(With appln.(s) for stay and Office Report) W.P.(C) No. 338/2011(With appln.(s) for stay and Office Report) W.P.(C) No. 367/2011(With appln.(s) for directions, interim directions and impleadmentand Office Report) W.P.(C) No. 375/2011(With appln.(s) for stay and Office Report) W.P.(C) No. 378/2011(With appln.(s) for stay and Office Report) W.P.(C) No. 411/2011(With appln.(s) for stay and Office Report) W.P.(C) No. 484/2011(With appln.(s) for stay and vacating interim order and OfficeReport) W.P.(C) No. 529/2011(With appln.(s) for stay and vacating interim order and OfficeReport) W.P.(C) No. 531/2011(With appln.(s) for vacating interim order and stay and OfficeReport) C.A. No. 2440/2011(With Office Report) 2 SLP(C) No. 7295-7298/2011(With Office Report) SLP(C) No. 21260/2011(With Interim Relief and Office Report) SLP(C) No. 22304-22305/2011(With Office Report) SLP(C) No. 24479-24480/2011(With Interim Relief and Office Report) W.P.(C) No. 5/2012(With appln.(s) for stay and Office Report) W.P.(C) No. 48/2012(With appln.(s) for amendment of the petition and stay and OfficeReport) W.P.(C) No. 97/2012(With appln.(s) for stay and Office Report)
W.P.(C) No. 103/2012(With appln.(s) for stay and Office Report) W.P.(C) No. 111/2012(With appln.(s) for vacating interim order and stay and OfficeReport) W.P.(C) No. 122/2012(With appln.(s) for stay and Office Report) W.P.(C) No. 123/2012(With appln.(s) for stay and Office Report) W.P.(C) No. 199/2012(With appln.(s) for stay and Office Report) W.P.(C) No. 248/2012(With appln.(s) for stay and vacating interim order and OfficeReport) W.P.(C) No. 249/2012(With appln.(s) for stay and Office Report) W.P.(C) No. 250/2012(With appln.(s) for stay and Office Report) W.P.(C) No. 291/2012(With appln.(s) for ex-parte stay and Office Report) W.P.(C) No. 293/2012(With appln.(s) for ex-parte stay and Office Report) 3 W.P.(C) No. 369/2012(With appln.(s) for stay and Office Report) W.P.(C) No. 371/2012(With appln.(s) for ex-parte stay and Office Report) W.P.(C) No. 386/2012(With appln.(s) for stay and Office Report) W.P.(C) No. 460/2012(With appln.(s) for stay and Office Report) W.P.(C) No. 461/2012(With appln.(s) for stay and Office Report) W.P.(C) No. 487/2012(With appln.(s) for stay and Office Report) W.P.(C) No. 490/2012(With appln.(s) for stay and vacating stay and Office Report) W.P.(C) No. 521/2012(With appln.(s) for vacating stay and stay and Office Report) W.P.(C) No. 537/2012(With appln.(s) for stay and permission to file additionaldocuments and Office Report) W.P.(C) No. 554/2012(With appln.(s) for stay and Office Report) SLP(C) Nos. 18732-18733/2012(With Interim Relief and Office Report) SLP(C) No. 24276/2012
(With Interim Relief and Office Report) SLP(C) No. 30568/2012(With Interim Relief and Office Report) W.P.(C) No. 6/2013(With appln.(s) for vacating stay and stay and Office Report) W.P.(C) No. 7/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 36/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 37/2013(With appln.(s) for stay and Office Report) 4 W.P.(C) No. 51/2013(With appln.(s) for stay and clarification of Court's order andOffice Report) W.P.(C) No. 52/2013(With appln.(s) for stay and clarification of Court's order andOffice Report) W.P.(C) No. 58/2013(With appln.(s) for stay and clarification of Court's order andOffice Report) W.P.(C) No. 111/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 112/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 138/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 146/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 151/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 175/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 179/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 181/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 191/2013(With appln.(s) for stay and vacation of ex-parte stay andOffice Report) W.P.(C) No. 192/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 201/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 233/2013(With appln.(s) for stay and substitution of respondent andOffice Report)
W.P.(C) No. 236/2013(With appln.(s) for stay and substitution of respondent andOffice Report) 5 W.P.(C) No. 238/2013(With appln.(s) for stay and substitution of respondent andOffice Report) W.P.(C) No. 248/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 250/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 253/2013(With appln.(s) for stay and appln.(s) for vacating stay and OfficeReport) W.P.(C) No. 264/2013(With appln.(s) for stay and impleadment and Office Report) W.P.(C) No. 265/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 266/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 270/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 271/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 279/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 280/2013(With Office Report) W.P.(C) No. 284/2013(With appln.(s) for stay and impleadment and Office Report) W.P.(C) No. 285/2013(With appln.(s) for stay and vacating interim order and Office Report) CONMT.PET.(C) No. 320/2013 In SLP(C) No. 15507/2013 W.P.(C) No. 353/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 452/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 469/2013(With Office Report) 6 W.P.(C) No. 588/2013(With appln.(s) for stay, impleadment and impleadment asparty respondent and Office Report) W.P.(C) No. 753/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 758/2013
(With appln.(s) for stay and Office Report) W.P.(C) No. 761/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 762/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 800/2013(With appln.(s) for directions and Office Report) W.P.(C) No. 819/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 868/2013(With appln.(s) for interim directions and directions) W.P.(C) No. 877/2013(With appln.(s) for directions and Office Report) W.P.(C) No. 922/2013(With appln.(s) for directions and Office Report) W.P.(C) No. 1007/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 1037/2013(With appln.(s) for directions and stay and Office Report) W.P.(C) No. 1043/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 1044/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 1045/2013(With appln.(s) for stay and Office Report) SLP(C) No. 12916/2013(With Interim Relief and Office Report) SLP(C) No. 13100/2013(With Interim Relief and Office Report) 7 SLP(C) No. 15507/2013(With Office Report) SLP(C) No. 15634-15635/2013(With Office Report) SLP(C) No. 17054/2013(With Interim Relief and Office Report) SLP(C) No. 18775/2013(With Interim Relief and Office Report) SLP(C) No. 18777/2013(With Interim Relief and Office Report) SLP(C) No. 25126/2013(With Interim Relief) SLP(C) No. 29720/2013(With Office Report) SLP(C) No. 29721/2013
(With Office Report) SLP(C) No. 35137/2013(With Interim Relief and Office Report) W.P.(C) No. 5/2014(With appln.(s) for stay and Office Report) W.P.(C) No. 10/2014(With appln.(s) for stay and Office Report) W.P.(C) No. 33/2014(With appln.(s) for stay and appln.(s) for impleadment and appln.(s) for impleadment and Office Report) W.P.(C) No. 40/2014(With appln.(s) for directions and Office Report) W.P.(C) No. 120/2014(With appln.(s) for stay, impleadment and vacating interimrelief and Office Report) W.P.(C) No. 142/2014(With appln.(s) for ex-parte stay and Office Report) W.P.(C) No. 168/2014(With appln.(s) for vacating stay and stay and Office Report) W.P.(C) No. 169/2014(With appln.(s) for vacating stay and stay and Office Report) 8 W.P.(C) No. 208/2014(With appln.(s) for stay and Office Report) W.P.(C) No. 240/2014(With appln.(s) for stay and Office Report) W.P.(C) No. 272/2014(With appln.(s) for ex-parte stay and Office Report) W.P.(C) No. 352/2014(With appln.(s) for stay and Office Report) W.P.(C) No. 408/2014(With appln.(s) for stay and Office Report) W.P.(C) No. 417/2014(With appln.(s) for stay and Office Report) W.P.(C) No. 420/2014(With appln.(s) for stay and Office Report) W.P.(C) No. 421/2014(With appln.(s) for stay and Office Report) W.P.(C) No. 492/2014(With appln.(s) for stay and Office Report) W.P.(C) No. 712/2014(With appln.(s) for stay and Office Report) W.P.(C) No. 714/2014(With appln.(s) for stay) W.P.(C) No. 737/2014(With appln.(s) for stay and Office Report)
W.P.(C) No. 738/2014(With appln.(s) for stay and ex-parte stay and Office Report) W.P.(C) No. 739/2014(With appln.(s) for stay and ex-parte stay and Office Report) W.P.(C) No. 740/2014(With appln.(s) for stay and ex-parte stay and Office Report) W.P.(C) No. 754/2014(With appln.(s) for stay and Office Report) W.P.(C) No. 756/2014(With appln.(s) for stay and Office Report) 9 W.P.(C) No. 779/2014(With appln.(s) for stay and exemption from filing O.T. and OfficeReport) S.L.P.(C)..........CC No. 7586/2014(With appln.(s) for c/delay in filing SLP and Office Report) W.P.(C) No. 795/2014(With appln.(s) for stay and Office Report) W.P.(C) No. 849/2014(With appln.(s) for ex-parte stay and Office Report) W.P.(C) No. 838/2014(With appln.(s) for stay and Office Report) W.P.(C) No. 827/2014(With appln.(s) for ex-parte stay and Office Report) W.P.(C) No. 929/2014(With appln.(s) for interim relief and Office Report) SLP(C) No. 32589/2014(With Office Report)Date : 04/02/2015 These petitions were called on for hearing today.CORAM : HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE KURIAN JOSEPHFor Appellant(s) Mr. M. Khairati,Adv. Mr. Gaurav Agarwal,Adv. Mr. Nikhil Nayyar,Adv. Ms. Anagha S. Desai,Adv. Mr. Sunil Kumar Verma,Adv. Mr. Chinmoy Khaladkar,Adv. For Ms. Chandan Ramamurthy,Adv. Mr. Ajit Kr. Sinha,Sr.Adv. Mr. R. Sudhinder,Adv. Mr. Ashok Mathur,Adv. Mr. Sampat P.,Adv. Mr. Tarkeshwar Nath,Adv.
Mr. Randhir Kumar,Adv. 10Mr. B.K. Pandey,Adv.Ms. Kirti Kumar,Adv.Mr. Saurabh Kumar Tuteja,Adv.Mr. Rameshwar Prasad Goyal,Adv.Mr. Jayant K. Mehta,Adv.Ms. Madhavi Khare,Adv.Mr. Saurabh Dev Karan Singh,Adv.Mr. Ranjith B. Marar,Adv.Ms. Lakshmi N. Kaimal,Adv.Mr. Kumar Gaurav,Adv.For Mr. K.L. Taneja,Adv.Mr. Nikhil Goel,Adv.Ms. Naveen Goel,Adv.Mr. Marsook Bafaki,Adv.Mr. A.V. Balan,Adv.Ms. Charu Mathur,Adv.Mr. Chirag M. Shroff,Adv.Mr. Satpal Singh,Adv.Mr. D.K. Chobe,Adv.Mr. Vijay Kumar,Adv.Mr. Mathews J. Nedumpara,Adv.Mr. S. Sadasiva Reddy,Adv.Ms. Rohini Amin,Adv.Ms. S. Usha Reddy,Adv.Mr. P.K. Manohar,Adv.Mr. Harish Beeran,Adv.Mr. Jayanth Muth Raj,Adv.Mr. Sureshan P.,Adv.Mr. Vishwajit Singh,Adv.Mr. H. Chandra Sekhar,Adv.Mr. Devansh A. Mohta,Adv.Mr. Shishir Deshpande,Adv.Ms. Sujata Kurdukar,Adv.Mr. Amit Yadav,Adv.Mr. Jatin Zaveri,Adv.Mr. Ranjan Sabharwal,Adv.Mr. Bankey Bihari Sharma,Adv. 11Mr. Jay Savla,Adv.Mr. Lakshmi Raman Singh,Adv.Mr. Sarad Kumar Singhania,Adv.Mr. Harish Pandey,Adv.Mr. N. Ganpathy,Adv.
Mr. S. Ravi Shankar,Adv.Mr. P.S. Sudheer,Adv.Mr. Amol Chitale,Adv.Ms. Pragya Baghel,Adv.Ms. Shweta S. Parihar,Adv.Mr. Garvesh Kabra,Adv.Mr. Anup Lohiya,Adv.Mr. R.A. Agarwal,Adv.Ms. Pooja Kabra,Adv.Ms. Kamakshi S. Mehlwal,Adv.Mr. Irshad Ahmad,Adv.Mr. M.J. Paul,Adv.Mr. Rabin Majumder,Adv.Mr. Anirudh Sanganeria,Adv.Mr. Mukul Kumar,Adv.Mr. Sanjay Jain,Adv.Mr. S.K. Kulkarni,Adv.Mr. M. Gireesh Kumar,Adv.Mr. Ankur S. Kulkarni,Adv.Mr. Ankur Saigal,Adv.Mr. Mahesh Agarwal,Adv.Mr. Rishi Agrawala,Adv.Mr. E.C. Agrawala,Adv.M/s. Temple Law Firm,Advs.Ms. Garima Prashad,Adv.Mr. S.R. Singh,Sr.Adv.Mr. A. Singh,Adv.Mr. Ankur Yadav,Adv.Ms. Asha Gopalan Nair,Adv. 12 Mr. S.S. Ray,Adv. For Ms. Rakhi Ray,Adv. Mr. Atul Babasaheb Dakh,Adv. Ms. Rashmi Singh,Adv. Mr. V. Giri,Sr.Adv. Mr. V.K. Biju,Adv. Mr. Santosh Krishnan,Adv. Mr. Vineet Bhagat,Adv. Mr. Ajay Kumar Singh,Adv. Mr. D.P. Singh,Adv. Ms. Sonam Gupta,Adv. Mr. Raj Kiran,Adv. Mr. Santosh Paul,Adv. Mr. Harish Pandey,Adv. Ms. Debopriyo Pal,Adv.
For Respondent(s) Mr. Shekhar Naphade,Sr.Adv. Mr. Vinay Navare,Adv. Mr. Satyajeet Kumar,Adv. Mr. Keshav Ranjan,Adv. Ms. Gwen KB,Adv. Ms. Abha R. Sharma,Adv. Mr. Shekhar Naphade,Sr.Adv. Mr. Chinmoy Khaladkar,Adv. Mr. Preshit Surshe,Adv. Mr. Arjun Krishnan,Adv. Mr. Shekhar Naphade,Sr.Adv. Mr. Krishan Kumar,Adv. Mr. Jaideep Gupta,Sr.Adv. Mr. Kuldeep S. Parihar,Adv. Mr. H.S. Parihar,Adv. Mr. Harin P. Raval,Sr.Adv. Mr. Yadunandan Bansal,Adv. ` Mr. Nipun Saxena,Adv. Mr. Pratap Venugopal,Adv. Ms. Supriya Jain,Adv. Mr. Gautav Nair,Adv. Ms. Niharika,Adv. For M/s. K.J. John & Co.,Advs. 13Mr. B.B. Sawhney,Sr.Adv.Ms. Sunita Sharma,Adv.For Ms. Sushma Suri,Adv.For Mr. S.N. Terdal,Adv.Mr. P.I. Jose,Adv.Mr. Alok K. Prasad,Adv.Mr. Vishwanath Bahuguna,Adv.Ms. Praveena Gautam,Adv.Mr. Deepak Tyagi,Adv.Ms. Pusshp Gupta,Adv.Mr. Avijit Saxena,Adv.Ms. Jyotika Jain,Adv.For M/s. Karanjawala & Co.,Advs.Mr. Yadunandan Bansal,Adv.Mr. Abhijat P. Medh,Adv.Mr. S. Prasad,Adv.Mr. Suresh Dhobal,Adv.Mr. Rajiv Dalal,Adv.Mr. Anil Kumar Sangal,Adv.Mr. Siddharth Sangal,Adv.Mr. D.P. Mohanty,Adv.Mr. Sanjay Kharde,Adv.Mr. Amol N. Suryawanshi,Adv.Ms. Vibha Datta Makhija,Sr.Adv.Mr. Praveen Chaturvedi,Adv.Mr. D. Bharat Kumar,Adv.Mr. Sayooj Mohandas M.,Adv.Mr. T. Bhaskar Gowtham,Adv.Mr. Abhijit Sengupta,Adv.
Mr. Chinmoy Khaladkar,Adv.Ms. Neha Sharma, Adv.Mr. Deeptakirti Verma,Adv.Mr. S. Aravindh.Adv.Mr. A. Lakshmi Narayanan,Adv.Mr. Senthil Jagadeesan,Adv.Mr. Tapesh Kumar Singh,Adv.Mr. Mohd. Waquas,Adv.Mr. Sachin Patil,Adv.Mr. Shri Ram P. Pingle,Adv. 14Mr. Pravin Satale,Adv.Mr. Rajiv Shankar Dvivedi,Adv.Mr. Rajeev K. Panday,Adv.Mr. Rajeev M. Roy,Adv.Mr. M.P. Vinod,Adv.Mr. Atul Shankar Vinod,Adv.Ms. Chandrani Prasad,Adv.Mr. Anurag Singh,Adv.Mr. A.K. Mishra,Adv.Mr. Wasi Haider,Adv.For Mr. C.S. Ashri,Adv.Mr. Uday B. Dube,Adv.Mr. Aniruddha P. Mayee,Adv.Mr. Niraj Sharma,Adv.Mr. M.T. George,Adv.Mr. Shivaji M. Jadhav,Adv.For M/s. S.M. Jadhav & Company,Advs.Mr. C.K. Sasi,Adv.Mr. Yash Pal Dhingra,Adv.Ms. N. Annapoorani,Adv.Mr. D.M. Nargolkar,Adv.Mr. Piyush Sharma,Adv.Mr. B. Subrahmanya Prasad,Adv.Mr. V.N. Raghupathy,Adv.Mr. Nirnimesh Dube,Adv.Mr. Ravindra Keshavrao Adsure,Adv.Ms. Hemantika Wahi,Adv.Mr. S.N. Bhat,Adv.Ms. Anuradha Mutatkar,Adv.
15 Mr. Sudhanshu S. Choudhari,Adv. Mr. Rajesh Mahale,Adv. Mr. Krishan Kumar,Adv. Mr. Ashok K. Mahajan,Adv. Mr. K. Rajeev,Adv. Mr. Mohit Kr. Shah,Adv. M/s. Dua Associates,Adv. Ms. A. Sumathi,Adv. Mr. M.Y. Deshmukh,Adv. Ms. Sonal Jain,Adv. Ms. Bharti Tyagi,Adv. UPON hearing the counsel the Court made the following O R D E R I.A.No.1 in SLP(C)No.25930/2009 : Reply to the interlocutory application be filedwithin 10 days from today. List on 18.02.2015 at 10.30 a.m. I.A.No.2 in W.P.(C)No.269/2011 : List on 18.02.2015 at 10.30 a.m. I.A.No.3/2013, I.A.No.4/2013 and I.A.No.4/2014 inSLP(C)No.15507/2013 : Reply to the interlocutory application be filedwithin 10 days from today. List on 18.02.2015 at 10.30 a.m. 16 I.A.No.3 of SLP(C)No.21260/2011 : As requested, additional affidavit be filed within10 days from today by either side. List on 18.02.2015 at 10.30 a.m. I.A.No.2 in WP(C)No.529/2011 : Reply to the interlocutory application be filedwithin 10 days from today. List on 18.02.2015 at 10.30 a.m. I.A.No.2 in WP(C)No.531/2011 : Reply to the interlocutory application be filedwithin 10 days from today. List on 18.02.2015 at 10.30 a.m.
I.A.No.2 in WP(C)No.248/2012 : Reply to the interlocutory application be filedwithin 10 days from today. List on 18.02.2015 at 10.30 a.m. I.A.No.2 in WP(C)No.484/2011 : Reply to the interlocutory application be filedwithin 10 days from today. List on 18.02.2015 at 10.30 a.m. I.A.No.2 in WP(C)No.33/2014 : The application for impleadment is allowed. Ad-interim relief, granted on 17.01.2014, ismodified to the effect that the petitioner shall pay 25%of the amount payable as on 01.01.2015 as calculated by 17the respondent-Bank or the assignee of the debt, who hasbeen impleaded as party-respondent today within six weeksfrom today and further 25% of the amount, within onemonth thereafter. List on 18.02.2015 at 10.30 a.m. I.A.No.2 in WP(C)No.264/2013 : The application for impleadment is allowed. List on 18.02.2015 at 10.30 a.m. I.A.No.2 in WP(C)No.284/2013 : The application for impleadment is allowed. List on 18.02.2015 at 10.30 a.m. I.A.Nos.2 & 3 in WP(C)No.588/2013 : The applications for impleadment are allowed. List on 18.02.2015 at 10.30 a.m. I.No.3 in WP(C)No.120/2014 : The application for impleadment is allowed. List on 18.02.2015 at 10.30 a.m. I.A.No.2 in WP(C)No.120/2014 : Heard the learned counsel for the respondent-Bank. The learned counsel for the petitioner was notpresent when the matter was called out in the morning.Even in the afternoon, no body appears for thepetitioner. It has been submitted by the learned counsel for therespondent-Bank, that even prior to the filing of thispetition, the property belonging to the petitioner had
been disposed of for the purpose of recovery of amount 18due and payable by the petitioner. In the circumstances, ad-interim relief granted on24.02.2014 is vacated. List on 18.02.2015 at 10.30 a.m. for further orders. I.A.No.2 in WP(C)No.1037/2013 : Heard the learned counsel for the parties. Ad-interim relief, granted on 17.12.2013, ismodified to the effect that the petitioner shall pay 25%of the amount payable as on 01.01.2015 as calculated bythe respondent-Bank or the assignee of the debt who hasbeen impleaded as party-respondent today within six weeksfrom today and further 25% of the amount within one monththereafter. List on 18.02.2015 at 10.30 a.m. I.A.No.2 in WP(C)No.737/2014, I.A.No.2 in WP(C)No.738/2014, I.A.No.2 in WP(C)No.739/2014, I.A.No.2 in WP(C)No.740/2014 : Detagged. List on 13.07.2015 at 02.00 PM. Interim relief granted earlier shall continue. I.A.No.2 in WP(C)No.490/2012, I.A.No.2 in WP(C)No.521/2012, I.A.No.2 in WP(C)No.6/2013, I.A.No.2 in WP(C)No.253/2013 : Reply to the interlocutory applications be filedwithin 10 days from today. List on 18.02.2015 at 10.30 a.m. I.A.No.2 in WP(C)No.48/2012 : The application for impleadment is allowed. The petitioner is permitted to file amended copy ofthe petition within 10 days from today. 19 List on 18.02.2015 at 10.30 a.m. I.A.No.2 in WP(C)No.168/2014 and I.A.No.2 in WP(C)No.169/2014 : Reply to the interlocutory applications be filedwithin 10 days from today. List on 18.02.2015 at 10.30 a.m. WP(C)No.922/2013 : List on 18.02.2015 at 02.00 PM so as to enable therespondent-Bank to place on record further developmentswhich have taken place during the pendency of thispetition.
I.A.No.2 in WP(C)No.51/2013, I.A.No.2 in WP(C)No.52/2013, I.A.No.2 in WP(C)No.58/2013 : Reply to the interlocutory applications be filedwithin 10 days from today. List on 18.02.2015 at 10.30 a.m. I.A.No.1/2013 in W.P.(C)No.877 of 2013 : Heard the learned counsel for the petitioner. Noneappears for the respondents. Ad-interim relief, granted on 30.9.2013, is modifiedto the effect that the petitioner shall pay 25% of theamount payable as on 01.01.2015 as calculated by therespondent-Bank or the assignee of the debt within sixweeks from today and further 25% of the amount within onemonth thereafter. With the aforesaid modification, the interim reliefgranted earlier shall continue. List on 18.02.2015 at 10.30 a.m. Intimation of this order be sent by the Registry tothe respondents. 20 All the afore-stated matters will be heard alongwith the applications on 18.02.2015 at 10.30 a.m. for thewhole day. W.P.(C).1007/2013 : Mr. Garvesh Kabra, learned counsel appearing for thepetitioner(s) started his arguments at 3.45 p.m. butcould not complete his arguments. The matter remainedpart-heard. List WP(C)No.1007/2013, which remained part-heard,and the remaining matters tomorrow at 2.00 p.m. asPart-heard. W.P.(C)No.111/2012 and 285/2013 : The writ petitions are disposed of as withdrawn interms of the signed order. Ad-interim relief granted earlier shall standvacated in both the matters.(Sarita Purohit) (Sneh Bala Mehra) Court Master Assistant Registrar (Signed orders in W.P.(C)No.111/2012 and 285/2013 are placed on the file) 21 IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (C) No. 111 of 2012SMITA SUBHASHCHANDRA MAHAJAN Petitioner(s)
VERSUSUNION OF INDIA & ORS. Respondent(s) O R D E R The learned counsel for the petitioner seekspermission to withdraw this writ petition in view of thechanged circumstances. Permission is granted with liberty to file freshpetition. The Writ Petition is, accordingly, disposed ofas withdrawn. Ad-interim relief granted earlier stands vacated. .......................J. [ANIL R. DAVE] .......................J. [KURIAN JOSEPH]New Delhi;February 04, 2015. 22 IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (C) No. 285 of 2013M/S SHREE BALAJI ASSOCIATES PETITIONER(S) VERSUSUNION OF INDIA & ORS. RESPONDENT(S) O R D E R The learned counsel for the petitioner seekspermission to withdraw this Writ Petition in view of thechanged circumstances. Permission is granted with liberty to file freshpetition. The Writ Petition is, accordingly, disposed ofas withdrawn. Ad-interim relief granted earlier stands vacated.
...............J. [ANIL R. DAVE] ...............J. [KURIAN JOSEPH]New Delhi;February 04, 2015. 23
1 ITEM NO.101 COURT NO.3 SECTION IX (PH) S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No(s). 5674/2009 PANDURANG GANPATI CHAUGULE Appellant(s) VERSUS VISHWASRAO PATIL MURGUD SAHAKARI BANK L. Respondent(s) (with interim relief and office report) WITH C.A. NO. 5675/2009 (S. IX) (WITH INTERIM RELIEF AND OFFICE REPORT)C.A. NO. 5681/2009 (S. IX) (WITH OFFICE REPORT) C.A. NO. 5682/2009 (S. IX) (WITH INTERIM RELIEF AND OFFICE REPORT) C.A. NO.5683/2009 (S. IX) (WITH INTERIM RELIEF AND OFFICE REPORT) C.A. NO. 5684/2009 (S. IX) (WITH INTERIM RELIEF) SLP(C) NO. 25929/2009 (S. IX) (WITH INTERIM RELIEF AND OFFICE REPORT), W.P.(C) NO. 318/2010 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), C.A. NO. 1468/2010 (S. IV), C.A.NO. 4391/2010 (S. XIA) (WITH OFFICE REPORT), C.A. NO. 7410/2010 (S. IX) , SLP(C) NO. 24309/2010 (S. IX) , SLP(C) NO. 29859/2010 (S. IX) (WITH INTERIM RELIEF AND OFFICE REPORT), W.P.(C) NO. 40/2011 (S.X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 41/2011 (S. X) (WITH APPLN. (S)FOR STAY AND OFFICE REPORT) , W.P.(C) NO. 220/2011 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 293/2011 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO.306/2011 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 308/2011 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 338/2011 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 367/2011 (S. X) (WITH APPLN. (S) FOR DIRECTIONS AND INTERIM DIRECTIONS AND IMPLEADMENT AND IMPLEADMENT AND IMPLEADMENT AND IMPLEADMENT AND IMPLEADMENT AND OFFICE REPORT), W.P.(C) NO. 375/2011 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 378/2011 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 411/2011 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), C.A. NO. 2440/2011 (S.IX) (WITH OFFICE REPORT), SLP(C) NO. 7295-7298/2011 (S. IVA) (WITH OFFICE REPORT), SLP(C) NO. 22304-22305/2011 (S. IX) (WITH OFFICE REPORT) , SLP(C) NO. 24479-24480/2011 (S. IX) (WITH INTERIM RELIEF AND OFFICE REPORT) , W.P.(C) NO. 5/2012 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO. 97/2012 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO.103/2012 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 111/2012 (S. X) (WITH APPLN. (S) FOR STAY AND VACATING INTERIM ORDER AND OFFICE REPORT) , W.P.(C) NO. 122/2012 (S.X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 123/2012 (S. X) (WITH APPLN. (S)FOR STAY AND OFFICE REPORT), W.P.(C) NO. 199/2012 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 249/2012
2 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO. 250/2012 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P. (C) NO. 291/2012 (S. X) (WITH APPLN. (S) FOR EX-PARTE STAY AND OFFICE REPORT) , W.P.(C) NO. 293/2012 (S. X) (WITH APPLN. (S)FOR EX-PARTE STAY AND OFFICE REPORT) , W.P.(C) NO. 369/2012 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO. 371/2012 (S. X) (WITH APPLN. (S) FOR EX-PARTE STAY AND OFFICE REPORT) , W.P.(C) NO. 386/2012 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO.460/2012 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO. 461/2012 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO. 487/2012 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO. 537/2012 (S. X) (WITH APPLN. (S) FOR STAY AND PERMISSION TO FILE ADDITIONAL DOCUMENTS AND OFFICE REPORT) , W.P.(C) NO. 554/2012 (S. X) (WITH APPLN. (S)FOR STAY AND OFFICE REPORT) , SLP(C) NO. 18732-18733/2012 (S. IVA) (WITH INTERIM RELIEF AND OFFICE REPORT) , SLP(C) NO. 24276/2012 (S. IVA) (WITH INTERIM RELIEF AND OFFICE REPORT) , SLP(C)NO. 30568/2012 (S. IX) (WITH INTERIM RELIEF AND OFFICE REPORT) , W.P.(C) NO. 7/2013 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO. 36/2013 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO. 37/2013 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO. 112/2013 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO. 138/2013 (S.X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO. 146/2013 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO. 151/2013 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO. 175/2013 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 179/2013 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT),W.P.(C) NO. 181/2013 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P. (C) NO. 191/2013 (S. X) (WITH APPLN. (S) FOR STAY AND VACATION OF EX-PARTE STAY AND OFFICE REPORT) , W.P.(C) NO. 192/2013 (S. X) (WITH APPLN. (S)FOR STAY AND OFFICE REPORT) , W.P.(C) NO. 201/2013 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO. 233/2013 (S. X) (WITH APPLN. (S) FOR STAY AND SUBSTITUTION OF RESPONDENT AND OFFICE REPORT) , W.P.(C) NO. 236/2013 (S. X) (WITH APPLN. (S) FOR STAY AND SUBSTITUTION OF RESPONDENT AND OFFICE REPORT) , W.P.(C) NO. 238/2013 (S. X) (WITH APPLN. (S) FOR STAY AND SUBSTITUTION OF RESPONDENT AND OFFICE REPORT) , W.P.(C) NO. 250/2013 (S. X) (WITH APPLN. (S)FOR STAY AND OFFICE REPORT) , W.P. (C) NO. 265/2013 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO. 266/2013 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO.270/2013 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO. 271/2013 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO. 279/2013 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO. 280/2013 (S. X) (WITH OFFICE REPORT) , W.P.(C) NO. 353/2013 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 452/2013 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO. 469/2013 (S. X) (WITH OFFICE REPORT) , W.P.(C) NO. 753/2013 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO.
3 758/2013 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO. 761/2013 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 762/2013 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 800/2013 (S. X) (WITH APPLN. (S) FOR DIRECTIONS AND OFFICE REPORT) , W.P.(C) NO.819/2013 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO. 868/2013 (S. X) (WITH APPLN. (S) FOR INTERIM DIRECTIONS AND DIRECTIONS) , W.P. (C) NO. 1007/2013 (S. X) (WITH APPLN. (S)FOR STAY AND OFFICE REPORT) , W.P.(C) NO. 1043/2013 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO. 1044/2013 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO.1045/2013 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), SLP(C) NO. 12916/2013 (S. XIA) (WITH INTERIM RELIEF AND OFFICE REPORT), SLP(C) NO. 13100/2013 (S. IX) (WITH INTERIM RELIEF AND OFFICE REPORT) , SLP(C) NO. 15634-15635/2013 (S. IVA) (WITH OFFICE REPORT) , SLP(C) NO. 17054/2013 (S.IX) (WITH INTERIM RELIEF AND OFFICE REPORT) , SLP(C) NO. 18775/2013 (S. IX) (WITH INTERIM RELIEF AND OFFICE REPORT) , SLP(C) NO. 18777/2013 (S. IX) (WITH INTERIM RELIEF AND OFFICE REPORT) , SLP(C) NO. 25126/2013 (S. IX) (WITH INTERIM RELIEF) , SLP(C) NO. 29720/2013 (S. IX) (WITH OFFICE REPORT) , SLP(C) NO. 29721/2013 (S. IX) (WITH OFFICE REPORT) , SLP(C) NO. 35137/2013 (S.IX) (WITH INTERIM RELIEF AND OFFICE REPORT) , W.P. (C) NO. 5/2014 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO. 10/2014 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 40/2014 (S. X) (WITH APPLN. (S) FOR DIRECTIONS AND OFFICE REPORT) , W.P.(C) NO. 142/2014 (S. X) (WITH APPLN. (S) FOR EX-PARTE STAY AND OFFICE REPORT) , W.P.(C) NO. 208/2014 (S.X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) , W.P. (C) NO. 240/2014 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO. 272/2014 (S. X) (WITH APPLN. (S) FOR EX-PARTE STAY AND OFFICE REPORT), W.P.(C) NO. 352/2014 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO. 408/2014 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO.417/2014 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO. 420/2014 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO. 421/2014 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO. 492/2014 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO. 712/2014 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO. 714/2014 (S.X) (WITH APPLN. (S) FOR STAY AND DIRECTIONS) , W.P.(C) NO. 754/2014 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO. 756/2014 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO. 779/2014 (S. X) (WITH APPLN. (S) FOR STAY AND EXEMPTION FROM FILING O.T. AND OFFICE REPORT) , S.L.P.(C)... / 2014 CC NO. 7586 (S. IVA) (WITH APPLN. (S) FOR C/DELAY IN FILING SLP AND OFFICE REPORT) , W.P.(C) NO. 795/2014 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO. 849/2014 (S. X) (WITH APPLN. (S) FOR EX-PARTE STAY AND OFFICE REPORT) , W.P.(C) NO. 838/2014 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO. 827/2014 (S.X) (WITH APPLN. (S) FOR EX-PARTE STAY AND OFFICE REPORT) , W.P.(C) NO. 929/2014 (S. X) (WITH APPLN. (S) FOR
4 INTERIM RELIEF AND OFFICE REPORT) , SLP(C) NO. 32589/2014 (S. XIV) , W.P.(C) NO.26/2015 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 61/2011 (S. X) (WITH APPLN. (S) FOR STAY AND DIRECTIONS AND PERMISSION TO FILE COUNTER AFFIDAVIT AND OFFICE REPORT) , W.P.(C) NO. 484/2011 (S. X) (WITH APPLN. (S) FOR STAY AND VACATING INTERIM ORDER AND OFFICE REPORT) , SLP(C) NO. 21260/2011 (S. IX) (INTERIM RELIEF AND OFFICE REPORT) , W.P.(C) NO. 248/2012 (S. X) (WITH APPLN. (S) FOR VACATING INTERIM ORDER AND STAY AND OFFICE REPORT) Date : 05/02/2015 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE KURIAN JOSEPH For Appellant(s) Mr. V.K. Biju,Adv. Mr. M. Khairati,Adv. Mr. Irshad Ahmad,Adv. Mr. Vaibhav, Adv. Mr. Gaurav Agarwal,Adv. Mr. Devansh A. Mohta,Adv. Mr. Shishir Deshpande,Adv. Mr. Amit Yadav,Adv. For Ms. Sujata Kurdukar,Adv. Mr. Nikhil Nayyar,Adv. Ms. Anagha S. Desai,Adv. Mr. Sunil Kumar Verma,Adv. Ms. Chandan Ramamurthi,Adv. Mr. Ajit Kr. Sinha,Sr.Adv. Mr. Abhishek Prasad,Adv. Mr. Ashok Mathur,Adv. Mr. R. Sudhinder,Adv. Mr. T. N. Singh, Adv. Mr. Randhir Kumar, Adv. For Mr. Rameshwar Prasad Goyal, Adv. Mr. Jayant Kumar Mehta,Adv. Mr. Saurabh Dev Karan Singh, Adv. Ms. Madhavi Khare, Adv. Mr. Renjith B. Marar,Adv. Mr. Lakshmi N. Kaimal,Adv. For Mr. K.L. Taneja,Adv.
5 Mr. Pradhuman Gohil,Adv. Mr. Vikash Singh,Adv. Ms. Charu Mathur,Adv. Mr. Chirag M. Shroff,Adv. Mr. Satpal Singh,Adv. Mr. Vijay Kumar,Adv. Mr. Mathews J. Nedumpara,Adv. Mr. S. Sadasiva Reddy,Adv. Ms. Rohini Amin,Adv. For Ms. S. Usha Reddy,Adv. Mr. P.K. Manohar,Adv. Mr. Jayanth Muth Raj,Adv. Ms. Malavika J.Adv. Mr. Sureshan P.,Adv. Mr. Vishwajit Singh,Adv. Mr. H. Chandra Sekhar,Adv. Mr. Nikhil Goel,Adv. Mr. Marsook Bafaki, Adv. Mr. A. Venayagam Balan, Adv. Mr. Jatin Zaveri,Adv. Mr. Bankey Bihari Sharma,Adv. Mr. Jay Savla,Adv. Mr. S.W.A. Qadri,Adv. Mr. Tamim Qadri,Adv. For Mr. Lakshmi Raman Singh,Adv. Mr. Sarad Kumar Singhania,Adv. Mr. Harish Pandey,Adv. Mr. N.D.B. Raju,Adv. Ms. Bharathi R.,Adv. Mr. N. Ganpathy,Adv. Mr. S. Ravi Shankar,Adv. Mr. Amar Dave, Adv.
6 Mr. P.S. Sudheer,Adv. Mr. Rishi Maheshwari, Adv. Ms. Anne Mathew, Adv. Mr. Raj Kumar Kaushik, Adv. Mr. Amol Chitale, Adv. Ms. Pragya Baghel,Adv. Mr. Garvesh Kabra,Adv. Mr. Aabhas Parimal, Adv. Ms. Pooja Kabra, Adv. Ms. Neera Gokhale, Adv. Ms. Kamakshi S. Mehlwal,Adv. Mr. Santosh Paul,Adv. Mr. Debopriyo Pal,Adv. Mr. Arvind Gupta,Adv. Ms. Savita Singh,Adv. Mr. Harish Pandey,Adv. Mr. M.J. Paul,Adv. Mr. Rabin Majumder,Adv. Mr. Tarkeshwar Nath, Adv. Mr. Anirudh Sanganeria,Adv. Mr. Mukul Kumar,Adv. Mr. Sanjay Jain,Adv. Mr. S.K. Kulkarni,Adv. Mr. M. Gireesh Kumar,Adv. For Mr. Ankur S. Kulkarni,Adv. Mr. Ankur Saigal,Adv. Mr. Mahesh Agarwal,Adv. Mr. Rishi Agrawala,Adv. Mr. Vikrant Pachnand,Adv. For Mr. E.C. Agrawala,Adv. M/s. Temple Law Firm Ms. Garima Prashad,Adv. Mr. S.R. Singh,Sr.Adv. Mr. Avnish Singh,Adv. Mr. Rajesh Srivastava,Adv. For Ms. Asha Gopalan Nair,Adv. Mr. Shishir Deshpande,Adv.
7 Mr. S. S. Ray, Adv. Ms. Rakhi Ray,Adv. Mr. Atul Babasaheb Dakh,Adv. Ms. Rashmi Singh,Adv. Mr. Santosh Krishnan,Adv. Mr. Vineet Bhagat,Adv. Ms. Anindita Saha, Adv. Mr. Ajay Kumar Singh,Adv. Mr. Satpal Singh,Adv. For Respondent(s) Mr. B.B. Sawhney,Sr.Adv. Ms. Sunita Sharma,Adv. Mr. R.K. Rana,Adv. Mr. Triloki Nath Razdan,Adv. For Ms. Sushma Suri,Adv. Mr. Shekhar Naphade,Sr.Adv. Mr. Vinay Navare,Adv. Mr. Satyajeet Kumar, Adv. Mr. Keshav Ranjan,Adv. Ms. Gwan K.B., Adv. Ms. Abha R. Sharma,Adv. Mr. Kanika Baweja, Adv. Mr. Ashwani Srivastava, Adv. Mr. Krishan Kumar, Adv. Mr. Ashish Wad,Adv. For M/s. J.S. Wad & Co. Mr. Chinmoy Khaladkar,Adv. Mr. Preshit Surshe,Adv. Mr. Arjun Krishnan,Adv. Mr. Manish Pitale,Adv. Mr. Wasi Haider,Adv. For Mr. C.S. Asri,Adv. Mr. Jaideep Gupta,Sr.Adv. Mr. Kuldeep S. Parihar,Adv. Mr. H.S. Parihar,Adv. Mr. Uday B. Dube,Adv. Mr. Shankar Chillarge,AAG for Mr. Aniruddha P. Mayee,Adv.
8 Mr. Ashok K. Mahajan,Adv. Mr. Pratap Venugopal, Adv. Ms. Supriya Jain,Adv. For M/s. K.J. John & Co. Mr. Niraj Sharma,Adv. Mr. M.T. George,Adv. Mr. Chinmoy Khaladkar,Adv. Ms. Neha Sharma,Adv. Mr. Deeptakirti Verma,Adv. Mr. Atul Yeshwant Chitale,Sr.Adv. Mr. Shreekant N. Terdal,Adv. Ms. Praveena Gautam,Adv. Mr. Deepak Tyagi, Adv. Ms. P. Gupta, Adv. Mr. P.I. Jose,Adv. Mr. A.K. Prasad,Adv. Mr. Vishwanath Bahuguna,Adv. Mr. Shivaji M. Jadhav,Adv. Mr. C.K. Sasi,Adv. Mr. Yash Pal Dhingra,Adv. Mr. Tapesh Kumar Singh,Adv. Mr. Rajani K. Prasad,Adv. Ms. Sunita Rani Singh, Adv. Mr. Bankey Bihari Sharma, Adv. For Ms. N. Annapoorani,Adv. Mr. Yadunandan Bansal,Adv. Mr. Abhijat P. Medh,Adv. Mr. Anil Kumar Mishra,Adv. Mr. Shyam Divan,Sr.Adv. Mr. Arjun Krishnan,Adv. Mr. Ashish Tiwari,Adv. Mr. D.M. Nargolkar,Adv. Mr. Piyush Sharma,Adv.
9 Mr. D. Bharat Kumar,Adv. Mr. Joydip Roy, Adv. Mr. Sayooj Mohandal M.,Adv. Mr. T. Bhaskar Gowtham,Adv. For M r. Abhijit Sengupta,Adv. Mr. S. Aravindh,Adv. Ms. Kanchan,Adv. For Mr. Senthil Jagadeesan,Adv. Mr. B. Subrahmanya Prasad,Adv. Mr. Subramonium Prasad,Adv. Mr. V.N. Raghupathy,Adv. Mr. Rajeev K. Panday,Adv. Mr. Rajeev Maheshwaranand Roy,Adv. Mr. Siddhesh Kotwal, Adv. Mr. Annirudh Sharma, Adv. Ms. Shreya Bhatnagar, Adv. For Mr. Nirnimesh Dube,Adv. Mr. Pravin Satale,Adv. Mr. Rajiv Shankar Dv ivedi,Adv. Mr. Ravindra Keshavrao Adsure,Adv. Mr. Prashant Dahat,Adv. Mr. Siddeshwar Birdar,Adv. Mr. Sumit Pachkhande,Adv. Mr. Sanjay Kharde,Adv. Mr. Amol Nirmalkumar Suryawanshi,Adv. Ms. Hemantika Wahi,Adv. Mr. S.N. Bhat,Adv. Ms. Anuradha Mutatkar,Adv. For M/s. S.M. Jadhav & Company,Advs. Mr. Sudhanshu S. Choudhari,Adv. Mr. Debmalya Banerjee,Adv. Mr. Dilpreet Singh,Adv. Mr. Jasmeet Singh,Adv. Mr. Avijit Saxena,Adv. Ms. Jaimeet Kaur,Adv.
10 For M/s. Karanjawala & Co. Mr. M.P. Vinod,Adv. Mr. Atul Shanker Vinod, Adv. Ms. Neelam Saini, Adv. Mr. Rajesh Mahale,Adv. Mr. K. Rajeev,Adv. Mr. Mohit Kr. Shah,Adv. For M/s. Dua Associates,Adv. Ms. A. Sumathi,Adv. Mr. M.Y. Deshmukh,Adv. Ms. Sonal Jain,Adv. Mr. Rajiv M. Brahma,Adv. Mr. Sachin Patil,Adv. For Mr. Shriram P. Pingle,Adv. Ms. Bharti Tyagi,Adv. Mr. Anil K. Sangal,Adv. Mr. Siddharth Sangal,Adv. Mr. D.P. Mohanty,Adv. UPON hearing counsel the Court made the following O R D E R Mr. Garvesh Kabra, learned counsel, started his arguments at 02.20 PM and concluded at 03.05 PM. Thereafter, Mr. Nikhil Goel, learned counsel, started his arguments and concluded at 03.15 PM. Thereafter, Mr. Jayant Muthraj, learned counsel, stared his arguments and concluded at 03.20 PM. Thereafter, Mr. Shekhar Naphade, learned senior counsel, started his arguments and was on his legs when the Court rose for the day. List on 18.02.2015 at 10.30 AM as Part Heard (for whole day). Jayant Kumar Arora) Sr. P.A. (Renu Diwan) Court Master
\222 1 ITEM NO.101 COURT NO.3 SECTION IX (PH) S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No(s). 5674/2009 PANDURANG GANPATI CHAUGULE Appellant(s) VERSUS VISHWASRAO PATIL MURGUD SAHAKARI BANK L. Respondent(s) (with interim relief and office report) WITH C.A. NO. 5675/2009 (S. IX) (WITH INTERIM RELIEF AND OFFICE REPORT)C.A. NO. 5681/2009 (S. IX) (WITH OFFICE REPORT) C.A. NO. 5682/2009 (S. IX) (WITH INTERIM RELIEF AND OFFICE REPORT) C.A. NO.5683/2009 (S. IX) (WITH INTERIM RELIEF AND OFFICE REPORT) C.A. NO. 5684/2009 (S. IX) (WITH INTERIM RELIEF) SLP(C) NO. 25929/2009 (S. IX) (WITH INTERIM RELIEF AND OFFICE REPORT), W.P.(C) NO. 318/2010 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), C.A. NO. 1468/2010 (S. IV), C.A.NO. 4391/2010 (S. XIA) (WITH OFFICE REPORT), C.A. NO. 7410/2010 (S. IX) , SLP(C) NO. 24309/2010 (S. IX) , SLP(C) NO. 29859/2010 (S. IX) (WITH INTERIM RELIEF AND OFFICE REPORT), W.P.(C) NO. 40/2011 (S.X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 41/2011 (S. X) (WITH APPLN. (S)FOR STAY AND OFFICE REPORT) , W.P.(C) NO. 220/2011 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 293/2011 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO.306/2011 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 308/2011 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 338/2011 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 367/2011 (S. X) (WITH APPLN. (S) FOR DIRECTIONS AND INTERIM DIRECTIONS AND IMPLEADMENT AND IMPLEADMENT AND IMPLEADMENT AND IMPLEADMENT AND IMPLEADMENT AND OFFICE REPORT), W.P.(C) NO. 375/2011 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 378/2011 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 411/2011 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), C.A. NO. 2440/2011 (S.IX) (WITH OFFICE REPORT), SLP(C) NO. 7295-7298/2011 (S. IVA) (WITH OFFICE REPORT), SLP(C) NO. 22304-22305/2011 (S. IX) (WITH OFFICE REPORT) , SLP(C) NO. 24479-24480/2011 (S. IX) (WITH INTERIM RELIEF AND OFFICE REPORT) , W.P.(C) NO. 5/2012 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO. 97/2012 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO.103/2012 (S.Signature Not Verified X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO.Digitally signed by 111/2012 (S. X) (WITH APPLN. (S) FOR STAY AND VACATING INTERIMJayant Kumar AroraDate: 2015.02.0616:53:00 IST ORDER AND OFFICE REPORT) , W.P.(C) NO. 122/2012 (S.X) (WITH APPLN.Reason: (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 123/2012 (S. X) (WITH APPLN. (S)FOR STAY AND OFFICE REPORT), W.P.(C) NO. 199/2012 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 249/2012 2(S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO.250/2012 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 291/2012 (S. X) (WITH APPLN. (S) FOR EX-PARTE STAY ANDOFFICE REPORT) , W.P.(C) NO. 293/2012 (S. X) (WITH APPLN. (S)FOREX-PARTE STAY AND OFFICE REPORT) , W.P.(C) NO. 369/2012 (S. X)
(WITH APPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO.371/2012 (S. X) (WITH APPLN. (S) FOR EX-PARTE STAY AND OFFICEREPORT) , W.P.(C) NO. 386/2012 (S. X) (WITH APPLN. (S) FOR STAYAND OFFICE REPORT) , W.P.(C) NO.460/2012 (S. X) (WITH APPLN. (S)FOR STAY AND OFFICE REPORT) , W.P.(C) NO. 461/2012 (S. X) (WITHAPPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO. 487/2012 (S.X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO.537/2012 (S. X) (WITH APPLN. (S) FOR STAY AND PERMISSION TO FILEADDITIONAL DOCUMENTS AND OFFICE REPORT) , W.P.(C) NO. 554/2012 (S.X) (WITH APPLN. (S)FOR STAY AND OFFICE REPORT) , SLP(C) NO.18732-18733/2012 (S. IVA) (WITH INTERIM RELIEF AND OFFICEREPORT) , SLP(C) NO. 24276/2012 (S. IVA) (WITH INTERIM RELIEF ANDOFFICE REPORT) , SLP(C)NO. 30568/2012 (S. IX) (WITH INTERIM RELIEFAND OFFICE REPORT) , W.P.(C) NO. 7/2013 (S. X) (WITH APPLN. (S)FOR STAY AND OFFICE REPORT) , W.P.(C) NO. 36/2013 (S. X) (WITHAPPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO. 37/2013 (S.X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO.112/2013 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) ,W.P.(C) NO. 138/2013 (S.X) (WITH APPLN. (S) FOR STAY AND OFFICEREPORT) , W.P.(C) NO. 146/2013 (S. X) (WITH APPLN. (S) FOR STAYAND OFFICE REPORT) , W.P.(C) NO. 151/2013 (S. X) (WITH APPLN. (S)FOR STAY AND OFFICE REPORT) , W.P.(C) NO. 175/2013 (S. X) (WITHAPPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 179/2013 (S.X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT),W.P.(C) NO.181/2013 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 191/2013 (S. X) (WITH APPLN. (S) FOR STAY AND VACATION OFEX-PARTE STAY AND OFFICE REPORT) , W.P.(C) NO. 192/2013 (S. X)(WITH APPLN. (S)FOR STAY AND OFFICE REPORT) , W.P.(C) NO. 201/2013(S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO.233/2013 (S. X) (WITH APPLN. (S) FOR STAY AND SUBSTITUTION OFRESPONDENT AND OFFICE REPORT) , W.P.(C) NO. 236/2013 (S. X) (WITHAPPLN. (S) FOR STAY AND SUBSTITUTION OF RESPONDENT AND OFFICEREPORT) , W.P.(C) NO. 238/2013 (S. X) (WITH APPLN. (S) FOR STAYAND SUBSTITUTION OF RESPONDENT AND OFFICE REPORT) , W.P.(C) NO.250/2013 (S. X) (WITH APPLN. (S)FOR STAY AND OFFICE REPORT) , W.P.(C) NO. 265/2013 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICEREPORT) , W.P.(C) NO. 266/2013 (S. X) (WITH APPLN. (S) FOR STAYAND OFFICE REPORT) , W.P.(C) NO.270/2013 (S. X) (WITH APPLN. (S)FOR STAY AND OFFICE REPORT) , W.P.(C) NO. 271/2013 (S. X) (WITHAPPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO. 279/2013 (S.X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO.280/2013 (S. X) (WITH OFFICE REPORT) , W.P.(C) NO. 353/2013 (S. X)(WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 452/2013(S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO.469/2013 (S. X) (WITH OFFICE REPORT) , W.P.(C) NO. 753/2013 (S. X)(WITH APPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO. 3758/2013 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) ,W.P.(C) NO. 761/2013 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICEREPORT), W.P.(C) NO. 762/2013 (S. X) (WITH APPLN. (S) FOR STAY ANDOFFICE REPORT), W.P.(C) NO. 800/2013 (S. X) (WITH APPLN. (S) FORDIRECTIONS AND OFFICE REPORT) , W.P.(C) NO.819/2013 (S. X) (WITHAPPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO. 868/2013 (S.X) (WITH APPLN. (S) FOR INTERIM DIRECTIONS AND DIRECTIONS) , W.P.(C) NO. 1007/2013 (S. X) (WITH APPLN. (S)FOR STAY AND OFFICEREPORT) , W.P.(C) NO. 1043/2013 (S. X) (WITH APPLN. (S) FOR STAYAND OFFICE REPORT) , W.P.(C) NO. 1044/2013 (S. X) (WITH APPLN. (S)FOR STAY AND OFFICE REPORT) , W.P.(C) NO.1045/2013 (S. X) (WITHAPPLN. (S) FOR STAY AND OFFICE REPORT), SLP(C) NO. 12916/2013 (S.XIA) (WITH INTERIM RELIEF AND OFFICE REPORT), SLP(C) NO.13100/2013 (S. IX) (WITH INTERIM RELIEF AND OFFICE REPORT) ,SLP(C) NO. 15634-15635/2013 (S. IVA) (WITH OFFICE REPORT) , SLP(C)NO. 17054/2013 (S.IX) (WITH INTERIM RELIEF AND OFFICE REPORT) ,SLP(C) NO. 18775/2013 (S. IX) (WITH INTERIM RELIEF AND OFFICEREPORT) , SLP(C) NO. 18777/2013 (S. IX) (WITH INTERIM RELIEF ANDOFFICE REPORT) , SLP(C) NO. 25126/2013 (S. IX) (WITH INTERIMRELIEF) , SLP(C) NO. 29720/2013 (S. IX) (WITH OFFICE REPORT) ,SLP(C) NO. 29721/2013 (S. IX) (WITH OFFICE REPORT) , SLP(C) NO.
35137/2013 (S.IX) (WITH INTERIM RELIEF AND OFFICE REPORT) , W.P.(C) NO. 5/2014 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 10/2014 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICEREPORT), W.P.(C) NO. 40/2014 (S. X) (WITH APPLN. (S) FORDIRECTIONS AND OFFICE REPORT) , W.P.(C) NO. 142/2014 (S. X) (WITHAPPLN. (S) FOR EX-PARTE STAY AND OFFICE REPORT) , W.P.(C) NO.208/2014 (S.X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO. 240/2014 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICEREPORT) , W.P.(C) NO. 272/2014 (S. X) (WITH APPLN. (S) FOREX-PARTE STAY AND OFFICE REPORT), W.P.(C) NO. 352/2014 (S. X)(WITH APPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO.408/2014 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) ,W.P.(C) NO.417/2014 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICEREPORT) , W.P.(C) NO. 420/2014 (S. X) (WITH APPLN. (S) FOR STAYAND OFFICE REPORT) , W.P.(C) NO. 421/2014 (S. X) (WITH APPLN. (S)FOR STAY AND OFFICE REPORT) , W.P.(C) NO. 492/2014 (S. X) (WITHAPPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO. 712/2014 (S.X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO.714/2014 (S.X) (WITH APPLN. (S) FOR STAY AND DIRECTIONS) , W.P.(C)NO. 754/2014 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) ,W.P.(C) NO. 756/2014 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICEREPORT) , W.P.(C) NO. 779/2014 (S. X) (WITH APPLN. (S) FOR STAYAND EXEMPTION FROM FILING O.T. AND OFFICE REPORT) , S.L.P.(C)... /2014 CC NO. 7586 (S. IVA) (WITH APPLN. (S) FOR C/DELAY IN FILINGSLP AND OFFICE REPORT) , W.P.(C) NO. 795/2014 (S. X) (WITH APPLN.(S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO. 849/2014 (S. X)(WITH APPLN. (S) FOR EX-PARTE STAY AND OFFICE REPORT) , W.P.(C)NO. 838/2014 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) ,W.P.(C) NO. 827/2014 (S.X) (WITH APPLN. (S) FOR EX-PARTE STAY ANDOFFICE REPORT) , W.P.(C) NO. 929/2014 (S. X) (WITH APPLN. (S) FOR 4INTERIM RELIEF AND OFFICE REPORT) , SLP(C) NO. 32589/2014 (S. XIV), W.P.(C) NO.26/2015 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICEREPORT), W.P.(C) NO. 61/2011 (S. X) (WITH APPLN. (S) FOR STAY ANDDIRECTIONS AND PERMISSION TO FILE COUNTER AFFIDAVIT AND OFFICEREPORT) , W.P.(C) NO. 484/2011 (S. X) (WITH APPLN. (S) FOR STAYAND VACATING INTERIM ORDER AND OFFICE REPORT) , SLP(C) NO.21260/2011 (S. IX) (INTERIM RELIEF AND OFFICE REPORT) , W.P.(C)NO. 248/2012 (S. X) (WITH APPLN. (S) FOR VACATING INTERIM ORDERAND STAY AND OFFICE REPORT)Date : 05/02/2015 These matters were called on for hearing today.CORAM : HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE KURIAN JOSEPHFor Appellant(s) Mr. V.K. Biju,Adv. Mr. M. Khairati,Adv. Mr. Irshad Ahmad,Adv. Mr. Vaibhav, Adv. Mr. Gaurav Agarwal,Adv. Mr. Devansh A. Mohta,Adv. Mr. Shishir Deshpande,Adv. Mr. Amit Yadav,Adv. For Ms. Sujata Kurdukar,Adv. Mr. Nikhil Nayyar,Adv. Ms. Anagha S. Desai,Adv. Mr. Sunil Kumar Verma,Adv. Ms. Chandan Ramamurthi,Adv. Mr. Ajit Kr. Sinha,Sr.Adv. Mr. Abhishek Prasad,Adv.
Mr. Ashok Mathur,Adv. Mr. R. Sudhinder,Adv. Mr. T. N. Singh, Adv. Mr. Randhir Kumar, Adv. For Mr. Rameshwar Prasad Goyal, Adv. Mr. Jayant Kumar Mehta,Adv. Mr. Saurabh Dev Karan Singh, Adv. Ms. Madhavi Khare, Adv. Mr. Renjith B. Marar,Adv. Mr. Lakshmi N. Kaimal,Adv. For Mr. K.L. Taneja,Adv. 5Mr. Pradhuman Gohil,Adv.Mr. Vikash Singh,Adv.Ms. Charu Mathur,Adv.Mr. Chirag M. Shroff,Adv.Mr. Satpal Singh,Adv.Mr. Vijay Kumar,Adv.Mr. Mathews J. Nedumpara,Adv.Mr. S. Sadasiva Reddy,Adv.Ms. Rohini Amin,Adv.For Ms. S. Usha Reddy,Adv.Mr. P.K. Manohar,Adv.Mr. Jayanth Muth Raj,Adv.Ms. Malavika J.Adv.Mr. Sureshan P.,Adv.Mr. Vishwajit Singh,Adv.Mr. H. Chandra Sekhar,Adv.Mr. Nikhil Goel,Adv.Mr. Marsook Bafaki, Adv.Mr. A. Venayagam Balan, Adv.Mr. Jatin Zaveri,Adv.Mr. Bankey Bihari Sharma,Adv.Mr. Jay Savla,Adv.Mr. S.W.A. Qadri,Adv.Mr. Tamim Qadri,Adv.For Mr. Lakshmi Raman Singh,Adv.Mr. Sarad Kumar Singhania,Adv.Mr. Harish Pandey,Adv.Mr. N.D.B. Raju,Adv.Ms. Bharathi R.,Adv.Mr. N. Ganpathy,Adv.Mr. S. Ravi Shankar,Adv.Mr. Amar Dave, Adv. 6
Mr. P.S. Sudheer,Adv.Mr. Rishi Maheshwari, Adv.Ms. Anne Mathew, Adv.Mr. Raj Kumar Kaushik, Adv.Mr. Amol Chitale, Adv.Ms. Pragya Baghel,Adv.Mr. Garvesh Kabra,Adv.Mr. Aabhas Parimal, Adv.Ms. Pooja Kabra, Adv.Ms. Neera Gokhale, Adv.Ms. Kamakshi S. Mehlwal,Adv.Mr. Santosh Paul,Adv.Mr. Debopriyo Pal,Adv.Mr. Arvind Gupta,Adv.Ms. Savita Singh,Adv.Mr. Harish Pandey,Adv.Mr. M.J. Paul,Adv.Mr. Rabin Majumder,Adv.Mr. Tarkeshwar Nath, Adv.Mr. Anirudh Sanganeria,Adv.Mr. Mukul Kumar,Adv.Mr. Sanjay Jain,Adv.Mr. S.K. Kulkarni,Adv.Mr. M. Gireesh Kumar,Adv.For Mr. Ankur S. Kulkarni,Adv.Mr. Ankur Saigal,Adv.Mr. Mahesh Agarwal,Adv.Mr. Rishi Agrawala,Adv.Mr. Vikrant Pachnand,Adv.For Mr. E.C. Agrawala,Adv.M/s. Temple Law FirmMs. Garima Prashad,Adv.Mr. S.R. Singh,Sr.Adv.Mr. Avnish Singh,Adv.Mr. Rajesh Srivastava,Adv.For Ms. Asha Gopalan Nair,Adv.Mr. Shishir Deshpande,Adv. 7 Mr. S. S. Ray, Adv. Ms. Rakhi Ray,Adv. Mr. Atul Babasaheb Dakh,Adv. Ms. Rashmi Singh,Adv. Mr. Santosh Krishnan,Adv. Mr. Vineet Bhagat,Adv. Ms. Anindita Saha, Adv. Mr. Ajay Kumar Singh,Adv. Mr. Satpal Singh,Adv.
For Respondent(s) Mr. B.B. Sawhney,Sr.Adv. Ms. Sunita Sharma,Adv. Mr. R.K. Rana,Adv. Mr. Triloki Nath Razdan,Adv. For Ms. Sushma Suri,Adv. Mr. Shekhar Naphade,Sr.Adv. Mr. Vinay Navare,Adv. Mr. Satyajeet Kumar, Adv. Mr. Keshav Ranjan,Adv. Ms. Gwan K.B., Adv. Ms. Abha R. Sharma,Adv. Mr. Kanika Baweja, Adv. Mr. Ashwani Srivastava, Adv. Mr. Krishan Kumar, Adv. Mr. Ashish Wad,Adv. For M/s. J.S. Wad & Co. Mr. Chinmoy Khaladkar,Adv. Mr. Preshit Surshe,Adv. Mr. Arjun Krishnan,Adv. Mr. Manish Pitale,Adv. Mr. Wasi Haider,Adv. For Mr. C.S. Asri,Adv. Mr. Jaideep Gupta,Sr.Adv. Mr. Kuldeep S. Parihar,Adv. Mr. H.S. Parihar,Adv. Mr. Uday B. Dube,Adv. Mr. Shankar Chillarge,AAG for Mr. Aniruddha P. Mayee,Adv. 8Mr. Ashok K. Mahajan,Adv.Mr. Pratap Venugopal, Adv.Ms. Supriya Jain,Adv.For M/s. K.J. John & Co.Mr. Niraj Sharma,Adv.Mr. M.T. George,Adv.Mr. Chinmoy Khaladkar,Adv.Ms. Neha Sharma,Adv.Mr. Deeptakirti Verma,Adv.Mr. Atul Yeshwant Chitale,Sr.Adv.Mr. Shreekant N. Terdal,Adv.Ms. Praveena Gautam,Adv.Mr. Deepak Tyagi, Adv.Ms. P. Gupta, Adv.Mr. P.I. Jose,Adv.Mr. A.K. Prasad,Adv.Mr. Vishwanath Bahuguna,Adv.Mr. Shivaji M. Jadhav,Adv.Mr. C.K. Sasi,Adv.Mr. Yash Pal Dhingra,Adv.
Mr. Tapesh Kumar Singh,Adv.Mr. Rajani K. Prasad,Adv.Ms. Sunita Rani Singh, Adv.Mr. Bankey Bihari Sharma, Adv.For Ms. N. Annapoorani,Adv.Mr. Yadunandan Bansal,Adv.Mr. Abhijat P. Medh,Adv.Mr. Anil Kumar Mishra,Adv.Mr. Shyam Divan,Sr.Adv.Mr. Arjun Krishnan,Adv.Mr. Ashish Tiwari,Adv.Mr. D.M. Nargolkar,Adv.Mr. Piyush Sharma,Adv. 9Mr. D. Bharat Kumar,Adv.Mr. Joydip Roy, Adv.Mr. Sayooj Mohandal M.,Adv.Mr. T. Bhaskar Gowtham,Adv.For Mr. Abhijit Sengupta,Adv.Mr. S. Aravindh,Adv.Ms. Kanchan,Adv.For Mr. Senthil Jagadeesan,Adv.Mr. B. Subrahmanya Prasad,Adv.Mr. Subramonium Prasad,Adv.Mr. V.N. Raghupathy,Adv.Mr. Rajeev K. Panday,Adv.Mr. Rajeev Maheshwaranand Roy,Adv.Mr. Siddhesh Kotwal, Adv.Mr. Annirudh Sharma, Adv.Ms. Shreya Bhatnagar, Adv.For Mr. Nirnimesh Dube,Adv.Mr. Pravin Satale,Adv.Mr. Rajiv Shankar Dvivedi,Adv.Mr. Ravindra Keshavrao Adsure,Adv.Mr. Prashant Dahat,Adv.Mr. Siddeshwar Birdar,Adv.Mr. Sumit Pachkhande,Adv.Mr. Sanjay Kharde,Adv.Mr. Amol Nirmalkumar Suryawanshi,Adv.Ms. Hemantika Wahi,Adv.Mr. S.N. Bhat,Adv.Ms. Anuradha Mutatkar,Adv.For M/s. S.M. Jadhav & Company,Advs.Mr. Sudhanshu S. Choudhari,Adv.Mr. Debmalya Banerjee,Adv.Mr. Dilpreet Singh,Adv.
Mr. Jasmeet Singh,Adv.Mr. Avijit Saxena,Adv.Ms. Jaimeet Kaur,Adv. 10 For M/s. Karanjawala & Co. Mr. M.P. Vinod,Adv. Mr. Atul Shanker Vinod, Adv. Ms. Neelam Saini, Adv. Mr. Rajesh Mahale,Adv. Mr. K. Rajeev,Adv. Mr. Mohit Kr. Shah,Adv. For M/s. Dua Associates,Adv. Ms. A. Sumathi,Adv. Mr. M.Y. Deshmukh,Adv. Ms. Sonal Jain,Adv. Mr. Rajiv M. Brahma,Adv. Mr. Sachin Patil,Adv. For Mr. Shriram P. Pingle,Adv. Ms. Bharti Tyagi,Adv. Mr. Anil K. Sangal,Adv. Mr. Siddharth Sangal,Adv. Mr. D.P. Mohanty,Adv. UPON hearing counsel the Court made the following O R D E R Mr. Garvesh Kabra, learned counsel, started his argumentsat 02.20 PM and concluded at 03.05 PM. Thereafter, Mr. NikhilGoel, learned counsel, started his arguments and concluded at03.15 PM. Thereafter, Mr. Jayant Muthraj, learned counsel,stared his arguments and concluded at 03.20 PM. Thereafter,Mr. Shekhar Naphade, learned senior counsel, started hisarguments and was on his legs when the Court rose for the day. List on 18.02.2015 at 10.30 AM as Part Heard (for wholeday). Jayant Kumar Arora) (Renu Diwan) Sr. P.A. Court Master
\222 1 ITEM NO.101 COURT NO.3 SECTION IX (PH) S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No(s). 5674/2009 PANDURANG GANPATI CHAUGULE Appellant(s) VERSUS VISHWASRAO PATIL MURGUD SAHAKARI BANK L. Respondent(s) (with interim relief and office report) WITH C.A. NO. 5675/2009 (S. IX) (WITH INTERIM RELIEF AND OFFICE REPORT)C.A. NO. 5681/2009 (S. IX) (WITH OFFICE REPORT) C.A. NO. 5682/2009 (S. IX) (WITH INTERIM RELIEF AND OFFICE REPORT) C.A. NO.5683/2009 (S. IX) (WITH INTERIM RELIEF AND OFFICE REPORT) C.A. NO. 5684/2009 (S. IX) (WITH INTERIM RELIEF) SLP(C) NO. 25929/2009 (S. IX) (WITH INTERIM RELIEF AND OFFICE REPORT), W.P.(C) NO. 318/2010 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), C.A. NO. 1468/2010 (S. IV), C.A.NO. 4391/2010 (S. XIA) (WITH OFFICE REPORT), C.A. NO. 7410/2010 (S. IX) , SLP(C) NO. 24309/2010 (S. IX) , SLP(C) NO. 29859/2010 (S. IX) (WITH INTERIM RELIEF AND OFFICE REPORT), W.P.(C) NO. 40/2011 (S.X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 41/2011 (S. X) (WITH APPLN. (S)FOR STAY AND OFFICE REPORT) , W.P.(C) NO. 220/2011 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 293/2011 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO.306/2011 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 308/2011 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 338/2011 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 367/2011 (S. X) (WITH APPLN. (S) FOR DIRECTIONS AND INTERIM DIRECTIONS AND IMPLEADMENT AND IMPLEADMENT AND IMPLEADMENT AND IMPLEADMENT AND IMPLEADMENT AND OFFICE REPORT), W.P.(C) NO. 375/2011 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 378/2011 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 411/2011 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), C.A. NO. 2440/2011 (S.IX) (WITH OFFICE REPORT), SLP(C) NO. 7295-7298/2011 (S. IVA) (WITH OFFICE REPORT), SLP(C) NO. 22304-22305/2011 (S. IX) (WITH OFFICE REPORT) , SLP(C) NO. 24479-24480/2011 (S. IX) (WITH INTERIM RELIEF AND OFFICE REPORT) , W.P.(C) NO. 5/2012 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO. 97/2012 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO.103/2012 (S.Signature Not Verified X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO.Digitally signed by 111/2012 (S. X) (WITH APPLN. (S) FOR STAY AND VACATING INTERIMJayant Kumar AroraDate: 2015.02.0616:53:00 IST ORDER AND OFFICE REPORT) , W.P.(C) NO. 122/2012 (S.X) (WITH APPLN.Reason: (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 123/2012 (S. X) (WITH APPLN. (S)FOR STAY AND OFFICE REPORT), W.P.(C) NO. 199/2012 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 249/2012 2(S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO.250/2012 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 291/2012 (S. X) (WITH APPLN. (S) FOR EX-PARTE STAY ANDOFFICE REPORT) , W.P.(C) NO. 293/2012 (S. X) (WITH APPLN. (S)FOREX-PARTE STAY AND OFFICE REPORT) , W.P.(C) NO. 369/2012 (S. X)
(WITH APPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO.371/2012 (S. X) (WITH APPLN. (S) FOR EX-PARTE STAY AND OFFICEREPORT) , W.P.(C) NO. 386/2012 (S. X) (WITH APPLN. (S) FOR STAYAND OFFICE REPORT) , W.P.(C) NO.460/2012 (S. X) (WITH APPLN. (S)FOR STAY AND OFFICE REPORT) , W.P.(C) NO. 461/2012 (S. X) (WITHAPPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO. 487/2012 (S.X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO.537/2012 (S. X) (WITH APPLN. (S) FOR STAY AND PERMISSION TO FILEADDITIONAL DOCUMENTS AND OFFICE REPORT) , W.P.(C) NO. 554/2012 (S.X) (WITH APPLN. (S)FOR STAY AND OFFICE REPORT) , SLP(C) NO.18732-18733/2012 (S. IVA) (WITH INTERIM RELIEF AND OFFICEREPORT) , SLP(C) NO. 24276/2012 (S. IVA) (WITH INTERIM RELIEF ANDOFFICE REPORT) , SLP(C)NO. 30568/2012 (S. IX) (WITH INTERIM RELIEFAND OFFICE REPORT) , W.P.(C) NO. 7/2013 (S. X) (WITH APPLN. (S)FOR STAY AND OFFICE REPORT) , W.P.(C) NO. 36/2013 (S. X) (WITHAPPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO. 37/2013 (S.X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO.112/2013 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) ,W.P.(C) NO. 138/2013 (S.X) (WITH APPLN. (S) FOR STAY AND OFFICEREPORT) , W.P.(C) NO. 146/2013 (S. X) (WITH APPLN. (S) FOR STAYAND OFFICE REPORT) , W.P.(C) NO. 151/2013 (S. X) (WITH APPLN. (S)FOR STAY AND OFFICE REPORT) , W.P.(C) NO. 175/2013 (S. X) (WITHAPPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 179/2013 (S.X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT),W.P.(C) NO.181/2013 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 191/2013 (S. X) (WITH APPLN. (S) FOR STAY AND VACATION OFEX-PARTE STAY AND OFFICE REPORT) , W.P.(C) NO. 192/2013 (S. X)(WITH APPLN. (S)FOR STAY AND OFFICE REPORT) , W.P.(C) NO. 201/2013(S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO.233/2013 (S. X) (WITH APPLN. (S) FOR STAY AND SUBSTITUTION OFRESPONDENT AND OFFICE REPORT) , W.P.(C) NO. 236/2013 (S. X) (WITHAPPLN. (S) FOR STAY AND SUBSTITUTION OF RESPONDENT AND OFFICEREPORT) , W.P.(C) NO. 238/2013 (S. X) (WITH APPLN. (S) FOR STAYAND SUBSTITUTION OF RESPONDENT AND OFFICE REPORT) , W.P.(C) NO.250/2013 (S. X) (WITH APPLN. (S)FOR STAY AND OFFICE REPORT) , W.P.(C) NO. 265/2013 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICEREPORT) , W.P.(C) NO. 266/2013 (S. X) (WITH APPLN. (S) FOR STAYAND OFFICE REPORT) , W.P.(C) NO.270/2013 (S. X) (WITH APPLN. (S)FOR STAY AND OFFICE REPORT) , W.P.(C) NO. 271/2013 (S. X) (WITHAPPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO. 279/2013 (S.X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO.280/2013 (S. X) (WITH OFFICE REPORT) , W.P.(C) NO. 353/2013 (S. X)(WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 452/2013(S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO.469/2013 (S. X) (WITH OFFICE REPORT) , W.P.(C) NO. 753/2013 (S. X)(WITH APPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO. 3758/2013 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) ,W.P.(C) NO. 761/2013 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICEREPORT), W.P.(C) NO. 762/2013 (S. X) (WITH APPLN. (S) FOR STAY ANDOFFICE REPORT), W.P.(C) NO. 800/2013 (S. X) (WITH APPLN. (S) FORDIRECTIONS AND OFFICE REPORT) , W.P.(C) NO.819/2013 (S. X) (WITHAPPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO. 868/2013 (S.X) (WITH APPLN. (S) FOR INTERIM DIRECTIONS AND DIRECTIONS) , W.P.(C) NO. 1007/2013 (S. X) (WITH APPLN. (S)FOR STAY AND OFFICEREPORT) , W.P.(C) NO. 1043/2013 (S. X) (WITH APPLN. (S) FOR STAYAND OFFICE REPORT) , W.P.(C) NO. 1044/2013 (S. X) (WITH APPLN. (S)FOR STAY AND OFFICE REPORT) , W.P.(C) NO.1045/2013 (S. X) (WITHAPPLN. (S) FOR STAY AND OFFICE REPORT), SLP(C) NO. 12916/2013 (S.XIA) (WITH INTERIM RELIEF AND OFFICE REPORT), SLP(C) NO.13100/2013 (S. IX) (WITH INTERIM RELIEF AND OFFICE REPORT) ,SLP(C) NO. 15634-15635/2013 (S. IVA) (WITH OFFICE REPORT) , SLP(C)NO. 17054/2013 (S.IX) (WITH INTERIM RELIEF AND OFFICE REPORT) ,SLP(C) NO. 18775/2013 (S. IX) (WITH INTERIM RELIEF AND OFFICEREPORT) , SLP(C) NO. 18777/2013 (S. IX) (WITH INTERIM RELIEF ANDOFFICE REPORT) , SLP(C) NO. 25126/2013 (S. IX) (WITH INTERIMRELIEF) , SLP(C) NO. 29720/2013 (S. IX) (WITH OFFICE REPORT) ,SLP(C) NO. 29721/2013 (S. IX) (WITH OFFICE REPORT) , SLP(C) NO.
35137/2013 (S.IX) (WITH INTERIM RELIEF AND OFFICE REPORT) , W.P.(C) NO. 5/2014 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 10/2014 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICEREPORT), W.P.(C) NO. 40/2014 (S. X) (WITH APPLN. (S) FORDIRECTIONS AND OFFICE REPORT) , W.P.(C) NO. 142/2014 (S. X) (WITHAPPLN. (S) FOR EX-PARTE STAY AND OFFICE REPORT) , W.P.(C) NO.208/2014 (S.X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO. 240/2014 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICEREPORT) , W.P.(C) NO. 272/2014 (S. X) (WITH APPLN. (S) FOREX-PARTE STAY AND OFFICE REPORT), W.P.(C) NO. 352/2014 (S. X)(WITH APPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO.408/2014 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) ,W.P.(C) NO.417/2014 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICEREPORT) , W.P.(C) NO. 420/2014 (S. X) (WITH APPLN. (S) FOR STAYAND OFFICE REPORT) , W.P.(C) NO. 421/2014 (S. X) (WITH APPLN. (S)FOR STAY AND OFFICE REPORT) , W.P.(C) NO. 492/2014 (S. X) (WITHAPPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO. 712/2014 (S.X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO.714/2014 (S.X) (WITH APPLN. (S) FOR STAY AND DIRECTIONS) , W.P.(C)NO. 754/2014 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) ,W.P.(C) NO. 756/2014 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICEREPORT) , W.P.(C) NO. 779/2014 (S. X) (WITH APPLN. (S) FOR STAYAND EXEMPTION FROM FILING O.T. AND OFFICE REPORT) , S.L.P.(C)... /2014 CC NO. 7586 (S. IVA) (WITH APPLN. (S) FOR C/DELAY IN FILINGSLP AND OFFICE REPORT) , W.P.(C) NO. 795/2014 (S. X) (WITH APPLN.(S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO. 849/2014 (S. X)(WITH APPLN. (S) FOR EX-PARTE STAY AND OFFICE REPORT) , W.P.(C)NO. 838/2014 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) ,W.P.(C) NO. 827/2014 (S.X) (WITH APPLN. (S) FOR EX-PARTE STAY ANDOFFICE REPORT) , W.P.(C) NO. 929/2014 (S. X) (WITH APPLN. (S) FOR 4INTERIM RELIEF AND OFFICE REPORT) , SLP(C) NO. 32589/2014 (S. XIV), W.P.(C) NO.26/2015 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICEREPORT), W.P.(C) NO. 61/2011 (S. X) (WITH APPLN. (S) FOR STAY ANDDIRECTIONS AND PERMISSION TO FILE COUNTER AFFIDAVIT AND OFFICEREPORT) , W.P.(C) NO. 484/2011 (S. X) (WITH APPLN. (S) FOR STAYAND VACATING INTERIM ORDER AND OFFICE REPORT) , SLP(C) NO.21260/2011 (S. IX) (INTERIM RELIEF AND OFFICE REPORT) , W.P.(C)NO. 248/2012 (S. X) (WITH APPLN. (S) FOR VACATING INTERIM ORDERAND STAY AND OFFICE REPORT)Date : 05/02/2015 These matters were called on for hearing today.CORAM : HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE KURIAN JOSEPHFor Appellant(s) Mr. V.K. Biju,Adv. Mr. M. Khairati,Adv. Mr. Irshad Ahmad,Adv. Mr. Vaibhav, Adv. Mr. Gaurav Agarwal,Adv. Mr. Devansh A. Mohta,Adv. Mr. Shishir Deshpande,Adv. Mr. Amit Yadav,Adv. For Ms. Sujata Kurdukar,Adv. Mr. Nikhil Nayyar,Adv. Ms. Anagha S. Desai,Adv. Mr. Sunil Kumar Verma,Adv. Ms. Chandan Ramamurthi,Adv. Mr. Ajit Kr. Sinha,Sr.Adv. Mr. Abhishek Prasad,Adv.
Mr. Ashok Mathur,Adv. Mr. R. Sudhinder,Adv. Mr. T. N. Singh, Adv. Mr. Randhir Kumar, Adv. For Mr. Rameshwar Prasad Goyal, Adv. Mr. Jayant Kumar Mehta,Adv. Mr. Saurabh Dev Karan Singh, Adv. Ms. Madhavi Khare, Adv. Mr. Renjith B. Marar,Adv. Mr. Lakshmi N. Kaimal,Adv. For Mr. K.L. Taneja,Adv. 5Mr. Pradhuman Gohil,Adv.Mr. Vikash Singh,Adv.Ms. Charu Mathur,Adv.Mr. Chirag M. Shroff,Adv.Mr. Satpal Singh,Adv.Mr. Vijay Kumar,Adv.Mr. Mathews J. Nedumpara,Adv.Mr. S. Sadasiva Reddy,Adv.Ms. Rohini Amin,Adv.For Ms. S. Usha Reddy,Adv.Mr. P.K. Manohar,Adv.Mr. Jayanth Muth Raj,Adv.Ms. Malavika J.Adv.Mr. Sureshan P.,Adv.Mr. Vishwajit Singh,Adv.Mr. H. Chandra Sekhar,Adv.Mr. Nikhil Goel,Adv.Mr. Marsook Bafaki, Adv.Mr. A. Venayagam Balan, Adv.Mr. Jatin Zaveri,Adv.Mr. Bankey Bihari Sharma,Adv.Mr. Jay Savla,Adv.Mr. S.W.A. Qadri,Adv.Mr. Tamim Qadri,Adv.For Mr. Lakshmi Raman Singh,Adv.Mr. Sarad Kumar Singhania,Adv.Mr. Harish Pandey,Adv.Mr. N.D.B. Raju,Adv.Ms. Bharathi R.,Adv.Mr. N. Ganpathy,Adv.Mr. S. Ravi Shankar,Adv.Mr. Amar Dave, Adv. 6
Mr. P.S. Sudheer,Adv.Mr. Rishi Maheshwari, Adv.Ms. Anne Mathew, Adv.Mr. Raj Kumar Kaushik, Adv.Mr. Amol Chitale, Adv.Ms. Pragya Baghel,Adv.Mr. Garvesh Kabra,Adv.Mr. Aabhas Parimal, Adv.Ms. Pooja Kabra, Adv.Ms. Neera Gokhale, Adv.Ms. Kamakshi S. Mehlwal,Adv.Mr. Santosh Paul,Adv.Mr. Debopriyo Pal,Adv.Mr. Arvind Gupta,Adv.Ms. Savita Singh,Adv.Mr. Harish Pandey,Adv.Mr. M.J. Paul,Adv.Mr. Rabin Majumder,Adv.Mr. Tarkeshwar Nath, Adv.Mr. Anirudh Sanganeria,Adv.Mr. Mukul Kumar,Adv.Mr. Sanjay Jain,Adv.Mr. S.K. Kulkarni,Adv.Mr. M. Gireesh Kumar,Adv.For Mr. Ankur S. Kulkarni,Adv.Mr. Ankur Saigal,Adv.Mr. Mahesh Agarwal,Adv.Mr. Rishi Agrawala,Adv.Mr. Vikrant Pachnand,Adv.For Mr. E.C. Agrawala,Adv.M/s. Temple Law FirmMs. Garima Prashad,Adv.Mr. S.R. Singh,Sr.Adv.Mr. Avnish Singh,Adv.Mr. Rajesh Srivastava,Adv.For Ms. Asha Gopalan Nair,Adv.Mr. Shishir Deshpande,Adv. 7 Mr. S. S. Ray, Adv. Ms. Rakhi Ray,Adv. Mr. Atul Babasaheb Dakh,Adv. Ms. Rashmi Singh,Adv. Mr. Santosh Krishnan,Adv. Mr. Vineet Bhagat,Adv. Ms. Anindita Saha, Adv. Mr. Ajay Kumar Singh,Adv. Mr. Satpal Singh,Adv.
For Respondent(s) Mr. B.B. Sawhney,Sr.Adv. Ms. Sunita Sharma,Adv. Mr. R.K. Rana,Adv. Mr. Triloki Nath Razdan,Adv. For Ms. Sushma Suri,Adv. Mr. Shekhar Naphade,Sr.Adv. Mr. Vinay Navare,Adv. Mr. Satyajeet Kumar, Adv. Mr. Keshav Ranjan,Adv. Ms. Gwan K.B., Adv. Ms. Abha R. Sharma,Adv. Mr. Kanika Baweja, Adv. Mr. Ashwani Srivastava, Adv. Mr. Krishan Kumar, Adv. Mr. Ashish Wad,Adv. For M/s. J.S. Wad & Co. Mr. Chinmoy Khaladkar,Adv. Mr. Preshit Surshe,Adv. Mr. Arjun Krishnan,Adv. Mr. Manish Pitale,Adv. Mr. Wasi Haider,Adv. For Mr. C.S. Asri,Adv. Mr. Jaideep Gupta,Sr.Adv. Mr. Kuldeep S. Parihar,Adv. Mr. H.S. Parihar,Adv. Mr. Uday B. Dube,Adv. Mr. Shankar Chillarge,AAG for Mr. Aniruddha P. Mayee,Adv. 8Mr. Ashok K. Mahajan,Adv.Mr. Pratap Venugopal, Adv.Ms. Supriya Jain,Adv.For M/s. K.J. John & Co.Mr. Niraj Sharma,Adv.Mr. M.T. George,Adv.Mr. Chinmoy Khaladkar,Adv.Ms. Neha Sharma,Adv.Mr. Deeptakirti Verma,Adv.Mr. Atul Yeshwant Chitale,Sr.Adv.Mr. Shreekant N. Terdal,Adv.Ms. Praveena Gautam,Adv.Mr. Deepak Tyagi, Adv.Ms. P. Gupta, Adv.Mr. P.I. Jose,Adv.Mr. A.K. Prasad,Adv.Mr. Vishwanath Bahuguna,Adv.Mr. Shivaji M. Jadhav,Adv.Mr. C.K. Sasi,Adv.Mr. Yash Pal Dhingra,Adv.
Mr. Tapesh Kumar Singh,Adv.Mr. Rajani K. Prasad,Adv.Ms. Sunita Rani Singh, Adv.Mr. Bankey Bihari Sharma, Adv.For Ms. N. Annapoorani,Adv.Mr. Yadunandan Bansal,Adv.Mr. Abhijat P. Medh,Adv.Mr. Anil Kumar Mishra,Adv.Mr. Shyam Divan,Sr.Adv.Mr. Arjun Krishnan,Adv.Mr. Ashish Tiwari,Adv.Mr. D.M. Nargolkar,Adv.Mr. Piyush Sharma,Adv. 9Mr. D. Bharat Kumar,Adv.Mr. Joydip Roy, Adv.Mr. Sayooj Mohandal M.,Adv.Mr. T. Bhaskar Gowtham,Adv.For Mr. Abhijit Sengupta,Adv.Mr. S. Aravindh,Adv.Ms. Kanchan,Adv.For Mr. Senthil Jagadeesan,Adv.Mr. B. Subrahmanya Prasad,Adv.Mr. Subramonium Prasad,Adv.Mr. V.N. Raghupathy,Adv.Mr. Rajeev K. Panday,Adv.Mr. Rajeev Maheshwaranand Roy,Adv.Mr. Siddhesh Kotwal, Adv.Mr. Annirudh Sharma, Adv.Ms. Shreya Bhatnagar, Adv.For Mr. Nirnimesh Dube,Adv.Mr. Pravin Satale,Adv.Mr. Rajiv Shankar Dvivedi,Adv.Mr. Ravindra Keshavrao Adsure,Adv.Mr. Prashant Dahat,Adv.Mr. Siddeshwar Birdar,Adv.Mr. Sumit Pachkhande,Adv.Mr. Sanjay Kharde,Adv.Mr. Amol Nirmalkumar Suryawanshi,Adv.Ms. Hemantika Wahi,Adv.Mr. S.N. Bhat,Adv.Ms. Anuradha Mutatkar,Adv.For M/s. S.M. Jadhav & Company,Advs.Mr. Sudhanshu S. Choudhari,Adv.Mr. Debmalya Banerjee,Adv.Mr. Dilpreet Singh,Adv.
Mr. Jasmeet Singh,Adv.Mr. Avijit Saxena,Adv.Ms. Jaimeet Kaur,Adv. 10 For M/s. Karanjawala & Co. Mr. M.P. Vinod,Adv. Mr. Atul Shanker Vinod, Adv. Ms. Neelam Saini, Adv. Mr. Rajesh Mahale,Adv. Mr. K. Rajeev,Adv. Mr. Mohit Kr. Shah,Adv. For M/s. Dua Associates,Adv. Ms. A. Sumathi,Adv. Mr. M.Y. Deshmukh,Adv. Ms. Sonal Jain,Adv. Mr. Rajiv M. Brahma,Adv. Mr. Sachin Patil,Adv. For Mr. Shriram P. Pingle,Adv. Ms. Bharti Tyagi,Adv. Mr. Anil K. Sangal,Adv. Mr. Siddharth Sangal,Adv. Mr. D.P. Mohanty,Adv. UPON hearing counsel the Court made the following O R D E R Mr. Garvesh Kabra, learned counsel, started his argumentsat 02.20 PM and concluded at 03.05 PM. Thereafter, Mr. NikhilGoel, learned counsel, started his arguments and concluded at03.15 PM. Thereafter, Mr. Jayant Muthraj, learned counsel,stared his arguments and concluded at 03.20 PM. Thereafter,Mr. Shekhar Naphade, learned senior counsel, started hisarguments and was on his legs when the Court rose for the day. List on 18.02.2015 at 10.30 AM as Part Heard (for wholeday). Jayant Kumar Arora) (Renu Diwan) Sr. P.A. Court Master
ITEM NO.21 COURT NO.3 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition(s)(Civil) No(s). 26/2015 BHARAT LAXMIDAS DATTTANI Petitioner(s) VERSUS UNION OF INDIA AND ORS Respondent(s) (with appln. (s) for stay and office report) Date : 30/01/2015 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE SHIVA KIRTI SINGH For Petitioner(s) Mr. S. R. Singh, Sr. Adv. Mr. Satpal Singh, Adv. For Respondent(s) Mr. Vinay Navare, Adv. Mr. Satyajeet Kumar, Adv. Ms. Gwen K.B., Adv. For Ms. Abha R. Sharma, Adv. UPON hearing counsel the Court made the following O R D E R Issue notice, returnable on 30.03.2015. Dasti, in addition, is permitted. Mr. Vinay Navare, learned counsel, accepts notice on behalf of Respondent No. 2. Tag with W.P. (C) 1007 of 2013. Ad-interim relief is granted on a condition that 25% of the amount payable as on 01.01.2015 shall be paid within six weeks from today and further 25% of the amount shall be paid within four weeks thereafter. (Jayant Kumar Arora) Sr. P.A. (Sneh Bala Mehra) Assistant Registrar
Ö ITEM NO.21 COURT NO.3 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition(s)(Civil) No(s). 26/2015 BHARAT LAXMIDAS DATTTANI Petitioner(s) VERSUS UNION OF INDIA AND ORS Respondent(s) (with appln. (s) for stay and office report) Date : 30/01/2015 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE SHIVA KIRTI SINGH For Petitioner(s) Mr. S. R. Singh, Sr. Adv. Mr. Satpal Singh, Adv. For Respondent(s) Mr. Vinay Navare, Adv. Mr. Satyajeet Kumar, Adv. Ms. Gwen K.B., Adv. For Ms. Abha R. Sharma, Adv. UPON hearing counsel the Court made the following O R D E R Issue notice, returnable on 30.03.2015. Dasti, in addition, is permitted. Mr. Vinay Navare, learned counsel, accepts notice on behalf of Respondent No. 2. Tag with W.P. (C) 1007 of 2013. Ad-interim relief is granted on a condition that 25% of the amount payable as on 01.01.2015 shall be paid within six weeks from today and further 25% of the amount shall be paidSignature Not Verified within four weeks thereafter.Digitally signed byJayant Kumar AroraDate: 2015.02.0215:13:16 ISTReason: (Jayant Kumar Arora) (Sneh Bala Mehra) Sr. P.A. Assistant Registrar
1 ITEM NO.101(PH) COURT NO.3 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No.5674/2009 PANDURANG GANPATI CHAUGULE Appellant(s) VERSUS VISHWASRAO PATIL MURGUD SAHAKARI BANK L. Respondent(s) (With interim relief and office report) WITH C.A. No. 5675/2009 (With Interim Relief and Office Report) C.A. No. 5681/2009 (With Office Report) C.A. No. 5682/2009 (With Interim Relief and Office Report) C.A. No. 5683/2009 (With Interim Relief and Office Report) C.A. No. 5684/2009 (With Interim Relief) SLP(C) No. 25929/2009 (With Interim Relief and Office Report) SLP(C) No. 25930/2009 (With Interim Relief and Office Report) W.P.(C) No. 318/2010 (With appln.(s) for stay and Office Report) C.A. No. 1468/2010 (With Office Report) C.A. No. 4391/2010 (With Office Report) C.A. No. 7410/2010 SLP(C) No. 24309/2010 SLP(C) No. 29859/2010
2 (With Interim Relief and Office Report) W.P.(C) No. 40/2011 (With appln.(s) for stay and Office Report) W.P.(C) No. 41/2011 (With appln.(s) for stay and Office Report) W.P.(C) No. 61/2011 (With appln.(s) for stay, directions and for permission to file counter affidavit and Office Report) W.P.(C) No. 220/2011 (With appln.(s) for stay and Office Report) W.P.(C) No. 269/2011 (With appln.(s) for stay and vacating stay and Office Report) W.P.(C) No. 293/2011 (With appln.(s) for stay and Office Report) W.P.(C) No. 306/2011 (With appln.(s) for stay and Office Report) W.P.(C) No. 308/2011 (With appln.(s) for stay and Office Report) W.P.(C) No. 338/2011 (With appln.(s) for stay and Office Report) W.P.(C) No. 367/2011 (With appln.(s) for directions, interim directions and impleadment and Office Report) W.P.(C) No. 375/2011 (With appln.(s) for stay and Office Report) W.P.(C) No. 378/2011 (With appln.(s) for stay and Office Report) W.P.(C) No. 411/2011 (With appln.(s) for stay and Office Report) W.P.(C) No. 484/2011 (With appln.(s) for stay and vacating interim order and Office Report) W.P.(C) No. 529/2011
3 (With appln.(s) for stay and vacating interim order and Office Report) W.P.(C) No. 531/2011 (With appln.(s) for vacating interim order and stay and Office Report) C.A. No. 2440/2011 (With Office Report) SLP(C) No. 7295-7298/2011 (With Office Report) SLP(C) No. 21260/2011 (With Interim Relief and Office Report) SLP(C) No. 22304-22305/2011 (With Office Report) SLP(C) No. 24479-24480/2011 (With Interim Relief and Office Report) W.P.(C) No. 5/2012 (With appln.(s) for stay and Office Report) W.P.(C) No. 48/2012 (With appln.(s) for amendment of the petition and stay and Office Report) W.P.(C) No. 97/2012 (With appln.(s) for stay and Office Report) W.P.(C) No. 103/2012 (With appln.(s) for stay and Office Report) W.P.(C) No. 111/2012 (With appln.(s) for vacating interim order and stay and Office Report) W.P.(C) No. 122/2012 (With appln.(s) for stay and Office Report) W.P.(C) No. 123/2012 (With appln.(s) for stay and Office Report) W.P.(C) No. 199/2012 (With appln.(s) for stay and Office Report) W.P.(C) No. 248/2012 (With appln.(s) for stay and vacating interim order and Office
4 Report) W.P.(C) No. 249/2012 (With appln.(s) for stay and Office Report) W.P.(C) No. 250/2012 (With appln.(s) for stay and Office Report) W.P.(C) No. 291/2012 (With appln.(s) for ex-parte stay and Office Report) W.P.(C) No. 293/2012 (With appln.(s) for ex-parte stay and Office Report) W.P.(C) No. 369/2012 (With appln.(s) for stay and Office Report) W.P.(C) No. 371/2012 (With appln.(s) for ex-parte stay and Office Report) W.P.(C) No. 386/2012 (With appln.(s) for stay and Office Report) W.P.(C) No. 460/2012 (With appln.(s) for stay and Office Report) W.P.(C) No. 461/2012 (With appln.(s) for stay and Office Report) W.P.(C) No. 487/2012 (With appln.(s) for stay and Office Report) W.P.(C) No. 490/2012 (With appln.(s) for stay and vacating stay and Office Report) W.P.(C) No. 521/2012 (With appln.(s) for vacating stay and stay and Office Report) W.P.(C) No. 537/2012 (With appln.(s) for stay and permission to file additional documents and Office Report) W.P.(C) No. 554/2012 (With appln.(s) for stay and Office Report) SLP(C) Nos. 18732-18733/2012 (With Interim Relief and Office Report)
5 SLP(C) No. 24276/2012 (With Interim Relief and Office Report) SLP(C) No. 30568/2012 (With Interim Relief and Office Report) W.P.(C) No. 6/2013 (With appln.(s) for vacating stay and stay and Office Report) W.P.(C) No. 7/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 36/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 37/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 51/2013 (With appln.(s) for stay and clarification of Court's order and Office Report) W.P.(C) No. 52/2013 (With appln.(s) for stay and clarification of Court's order and Office Report) W.P.(C) No. 58/2013 (With appln.(s) for stay and clarification of Court's order and Office Report) W.P.(C) No. 111/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 112/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 138/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 146/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 151/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 175/2013 (With appln.(s) for stay and Office Report)
6 W.P.(C) No. 179/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 181/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 191/2013 (With appln.(s) for stay and vacation of ex-parte stay and Office Report) W.P.(C) No. 192/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 201/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 233/2013 (With appln.(s) for stay and substitution of respondent and Office Report) W.P.(C) No. 236/2013 (With appln.(s) for stay and substitution of respondent and Office Report) W.P.(C) No. 238/2013 (With appln.(s) for stay and substitution of respondent and Office Report) W.P.(C) No. 248/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 250/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 253/2013 (With appln.(s) for stay and appln.(s) for vacating stay and Office Report) W.P.(C) No. 264/2013 (With appln.(s) for stay and impleadment and Office Report) W.P.(C) No. 265/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 266/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 270/2013 (With appln.(s) for stay and Office Report)
7 W.P.(C) No. 271/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 279/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 280/2013 (With Office Report) W.P.(C) No. 284/2013 (With appln.(s) for stay and impleadment and Office Report) W.P.(C) No. 285/2013 (With appln.(s) for stay and vacating interim order and Office Report) CONMT.PET.(C) No. 320/2013 In SLP(C) No. 15507/2013 W.P.(C) No. 353/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 452/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 469/2013 (With Office Report) W.P.(C) No. 588/2013 (With appln.(s) for stay, impleadment and impleadment as party respondent and Office Report) W.P.(C) No. 753/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 758/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 761/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 762/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 800/2013 (With appln.(s) for directions and Office Report) W.P.(C) No. 819/2013 (With appln.(s) for stay and Office Report)
8 W.P.(C) No. 868/2013 (With appln.(s) for interim directions and directions) W.P.(C) No. 877/2013 (With appln.(s) for directions and Office Report) W.P.(C) No. 922/2013 (With appln.(s) for directions and Office Report) W.P.(C) No. 1007/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 1037/2013 (With appln.(s) for directions and stay and Office Report) W.P.(C) No. 1043/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 1044/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 1045/2013 (With appln.(s) for stay and Office Report) SLP(C) No. 12916/2013 (With Interim Relief and Office Report) SLP(C) No. 13100/2013 (With Interim Relief and Office Report) SLP(C) No. 15507/2013 (With Office Report) SLP(C) No. 15634-15635/2013 (With Office Report) SLP(C) No. 17054/2013 (With Interim Relief and Office Report) SLP(C) No. 18775/2013 (With Interim Relief and Office Report) SLP(C) No. 18777/2013 (With Interim Relief and Office Report) SLP(C) No. 25126/2013 (With Interim Relief)
9 SLP(C) No. 29720/2013 (With Office Report) SLP(C) No. 29721/2013 (With Office Report) SLP(C) No. 35137/2013 (With Interim Relief and Office Report) W.P.(C) No. 5/2014 (With appln.(s) for stay and Office Report) W.P.(C) No. 10/2014 (With appln.(s) for stay and Office Report) W.P.(C) No. 33/2014 (With appln.(s) for stay and appln.(s) for impleadment and appln. (s) for impleadment and Office Report) W.P.(C) No. 40/2014 (With appln.(s) for directions and Office Report) W.P.(C) No. 120/2014 (With appln.(s) for stay, impleadment and vacating interim relief and Office Report) W.P.(C) No. 142/2014 (With appln.(s) for ex-parte stay and Office Report) W.P.(C) No. 168/2014 (With appln.(s) for vacating stay and stay and Office Report) W.P.(C) No. 169/2014 (With appln.(s) for vacating stay and stay and Office Report) W.P.(C) No. 208/2014 (With appln.(s) for stay and Office Report) W.P.(C) No. 240/2014 (With appln.(s) for stay and Office Report) W.P.(C) No. 272/2014 (With appln.(s) for ex-parte stay and Office Report) W.P.(C) No. 352/2014 (With appln.(s) for stay and Office Report) W.P.(C) No. 408/2014 (With appln.(s) for stay and Office Report)
10 W.P.(C) No. 417/2014 (With appln.(s) for stay and Office Report) W.P.(C) No. 420/2014 (With appln.(s) for stay and Office Report) W.P.(C) No. 421/2014 (With appln.(s) for stay and Office Report) W.P.(C) No. 492/2014 (With appln.(s) for stay and Office Report) W.P.(C) No. 712/2014 (With appln.(s) for stay and Office Report) W.P.(C) No. 714/2014 (With appln.(s) for stay) W.P.(C) No. 737/2014 (With appln.(s) for stay and Office Report) W.P.(C) No. 738/2014 (With appln.(s) for stay and ex-parte stay and Office Report) W.P.(C) No. 739/2014 (With appln.(s) for stay and ex-parte stay and Office Report) W.P.(C) No. 740/2014 (With appln.(s) for stay and ex-parte stay and Office Report) W.P.(C) No. 754/2014 (With appln.(s) for stay and Office Report) W.P.(C) No. 756/2014 (With appln.(s) for stay and Office Report) W.P.(C) No. 779/2014 (With appln.(s) for stay and exemption from filing O.T. and Office Report) S.L.P.(C)..........CC No. 7586/2014 (With appln.(s) for c/delay in filing SLP and Office Report) W.P.(C) No. 795/2014 (With appln.(s) for stay and Office Report) W.P.(C) No. 849/2014 (With appln.(s) for ex-parte stay and Office Report)
11 W.P.(C) No. 838/2014 (With appln.(s) for stay and Office Report) W.P.(C) No. 827/2014 (With appln.(s) for ex-parte stay and Office Report) W.P.(C) No. 929/2014 (With appln.(s) for interim relief and Office Report) SLP(C) No. 32589/2014 (With Office Report) Date : 29/01/2015 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE KURIAN JOSEPH For Appellant(s) Mr. V. Giri, Sr. Adv. Mr. V.K. Biju,Adv. Mr. M. Khairati,Adv. Mr. Irshad Ahmad,Adv. Mr. Gaurav Agarwal,Adv. Mr. Devansh A. Mohta,Adv. Mr. Shishir Deshpande,Adv. Mr. Amit Yadav,Adv. For Ms. Sujata Kurdukar,Adv. Mr. Nikhil Nayyar,Adv. Ms. Anagha S. Desai,Adv. Mr. Sunil Kumar Verma,Adv. Ms. Chandan Ramamurthi,Adv. Mr. Ajit Kr. Sinha,Sr.Adv. Mr. Abhishek Prasad,Adv. Mr. Ashok Mathur,Adv. Mr. R. Sudhinder,Adv. Mr. T. N. Singh, Adv. Mr. Randhir Kumar, Adv. For Mr. Rameshwar Prasad Goyal, Adv. Mr. Jayant Kumar Mehta,Adv. Mr. Renjith B. Marar,Adv. Mr. Lakshmi N. Kaimal,Adv.
12 For Mr. K.L. Taneja,Adv. Mr. Pradhuman Gohil,Adv. Mr. Vikash Singh,Adv. Ms. Charu Mathur,Adv. Mr. Chirag M. Shroff,Adv. Mr. Satpal Singh,Adv. Mr. Vijay Kumar,Adv. Mr. Mathews J. Nedumpara,Adv. Mr. S. Sadasiva Reddy,Adv. Ms. Rohini Amin,Adv. For Ms. S. Usha Reddy,Adv. Mr. P.K. Manohar,Adv. Mr. Jayanth Muth Raj,Adv. Ms. Malavika J.Adv. Mr. Sureshan P.,Adv. Mr. Vishwajit Singh,Adv. Mr. H. Chandra Sekhar,Adv. Mr. Nikhil Goel,Adv. Mr. Marsook Bafaki, Adv. Mr. A. Venayagam Balan, Adv. Mr. Jatin Zaveri,Adv. Mr. Bankey Bihari Sharma,Adv. Mr. Jay Savla,Adv. Mr. S.W.A. Qadri,Adv. Mr. Tamim Qadri,Adv. For Mr. Lakshmi Raman Singh,Adv. Mr. Sarad Kumar Singhania,Adv. Mr. Harish Pandey,Adv. Mr. N.D.B. Raju,Adv. Ms. Bharathi R.,Adv. Mr. N. Ganpathy,Adv. Mr. S. Ravi Shankar,Adv.
13 Mr. Amar Dave, Adv. Mr. P.S. Sudheer,Adv. Mr. Rishi Maheshwari, Adv. Ms. Anne Mathew, Adv. Mr. Raj Kumar Kaushik, Adv. Mr. Amol Chitale, Adv. Ms. Pragya Baghel,Adv. Mr. Garvesh Kabra,Adv. Ms. Neera Gokhale, Adv. Ms. Kamakshi S. Mehlwal,Adv. Mr. Santosh Paul,Adv. Mr. Debopriyo Pal,Adv. Mr. Arvind Gupta,Adv. Ms. Savita Singh,Adv. Mr. Harish Pandey,Adv. Mr. M.J. Paul,Adv. Mr. Rabin Majumder,Adv. Mr. Anirudh Sanganeria,Adv. Mr. Mukul Kumar,Adv. Mr. Sanjay Jain,Adv. Mr. S.K. Kulkarni,Adv. Mr. M. Gireesh Kumar,Adv. For Mr. Ankur S. Kulkarni,Adv. Mr. Ankur Saigal,Adv. Mr. Mahesh Agarwal,Adv. Mr. Rishi Agrawala,Adv. Mr. Vikrant Pachnand,Adv. For Mr. E.C. Agrawala,Adv. For M/s. Temple Law Firm,Adv. Ms. Garima Prashad,Adv. Mr. S.R. Singh,Sr.Adv. Mr. Avnish Singh,Adv. Mr. Rajesh Srivastava,Adv. For Ms. Asha Gopalan Nair,Adv. Mr. Shishir Deshpande,Adv.
14 Mr. S. S. Ray, Adv. Ms. Rakhi Ray,Adv. Mr. Atul Babasaheb Dakh,Adv. Ms. Rashmi Singh,Adv. Mr. Santosh Krishnan,Adv. Mr. Vineet Bhagat,Adv. Ms. Anindita Saha, Adv. Mr. Ajay Kumar Singh,Adv. Mr. Satpal Singh,Adv. For Respondent(s) Mr. Tushar Mehta, ASG Mr. B.B. Sawhney,Sr.Adv. Ms. Sunita Sharma,Adv. Mr. R.K. Rana,Adv. Mr. Triloki Nath Razdan,Adv. For Ms. Sushma Suri,Adv. Mr. Shekhar Naphade,Sr.Adv. Mr. Vinay Navare,Adv. Mr. Satyajeet Kumar, Adv. Mr. Keshav Ranjan,Adv. Ms. Gwan K.B., Adv. Ms. Abha R. Sharma,Adv. Mr. Kanika Baweja, Adv. Mr. Ashwani Srivastava, Adv. Mr. Krishan Kumar, Adv. Mr. Ashish Wad,Adv. For M/s. J.S. Wad & Co. Mr. Chinmoy Khaladkar,Adv. Mr. Preshit Surshe,Adv. Mr. Arjun Krishnan,Adv. Mr. Manish Pitale,Adv. Mr. Wasi Haider,Adv. For Mr. C.S. Asri,Adv. Mr. Jaideep Gupta,Sr.Adv. Mr. Kuldeep S. Parihar,Adv. Mr. H.S. Parihar,Adv. Mr. Uday B. Dube,Adv. Mr. Shankar Chillarge,AAG
15 for Mr. Aniruddha P. Mayee,Adv. Mr. Ashok K. Mahajan,Adv. Mr. Pratap Venugopal, Adv. Ms. Supriya Jain,Adv. For M/s. K.J. John & Co. Mr. Niraj Sharma,Adv. Mr. M.T. George,Adv. Mr. Chinmoy Khaladkar,Adv. Ms. Neha Sharma,Adv. Mr. Deeptakirti Verma,Adv. Mr. Atul Yeshwant Chitale,Sr.Adv. Mr. Shreekant N. Terdal,Adv. Ms. Praveena Gautam,Adv. Mr. Deepak Tyagi, Adv. Ms. P. Gupta, Adv. Mr. P.I. Jose,Adv. Mr. A.K. Prasad,Adv. Mr. Vishwanath Bahuguna,Adv. Mr. Shivaji M. Jadhav,Adv. Mr. C.K. Sasi,Adv. Mr. Yash Pal Dhingra,Adv. Mr. Tapesh Kumar Singh,Adv. Mr. Rajani K. Prasad,Adv. Mr. Bankey Bihari Sharma, Adv. For Ms. N. Annapoorani,Adv. Mr. Yadunandan Bansal,Adv. Mr. Abhijat P. Medh,Adv. Mr. Anil Kumar Mishra,Adv. Mr. Shyam Divan,Sr.Adv. Mr. Arjun Krishnan,Adv. Mr. Ashish Tiwari,Adv. Mr. D.M. Nargolkar,Adv.
16 Mr. Piyush Sharma,Adv. Mr. D. Bharat Kumar,Adv. Mr. Joydip Roy, Adv. Mr. Sayooj Mohandal M.,Adv. Mr. T. Bhaskar Gowtham,Adv. For M r. Abhijit Sengupta,Adv. Mr. S. Aravindh,Adv. Ms. Kanchan,Adv. For Mr. Senthil Jagadeesan,Adv. Mr. B. Subrahmanya Prasad,Adv. Mr. Subramonium Prasad,Adv. Mr. V.N. Raghupathy,Adv. Mr. Rajeev K. Panday,Adv. Mr. Rajeev Maheshwaranand Roy,Adv. Mr. Siddhesh Kotwal, Adv. Mr. Annirudh Sharma, Adv. Ms. Shreya Bhatnagar, Adv. For Mr. Nirnimesh Dube,Adv. Mr. Pravin Satale,Adv. Mr. Rajiv Shankar Dv ivedi,Adv. Mr. Ravindra Keshavrao Adsure,Adv. Mr. Prashant Dahat,Adv. Mr. Siddeshwar Birdar,Adv. Mr. Sumit Pachkhande,Adv. Mr. Sanjay Kharde,Adv. Mr. Amol Nirmalkumar Suryawanshi,Adv. Ms. Hemantika Wahi,Adv. Mr. S.N. Bhat,Adv. Ms. Anuradha Mutatkar,Adv. For M/s. S.M. Jadhav & Company,Advs. Mr. Sudhanshu S. Choudhari,Adv. Mr. Debmalya Banerjee,Adv. Mr. Dilpreet Singh,Adv. Mr. Jasmeet Singh,Adv.
17 Mr. Avijit Saxena,Adv. Ms. Jaimeet Kaur,Adv. For M/s. Karanjawala & Co.,Advs. Mr. M.P. Vinod,Adv. Mr. Rajesh Mahale,Adv. Mr. Shekhar Naphade,Sr.Adv. Mr. Krishan Kumar,Adv. Mr. K. Rajeev,Adv. Mr. Mohit Kr. Shah,Adv. For M/s. Dua Associates,Adv. Ms. A. Sumathi,Adv. Mr. M.Y. Deshmukh,Adv. Ms. Sonal Jain,Adv. Mr. Rajiv M. Brahma,Adv. Mr. Sachin Patil,Adv. For Mr. Shriram P. Pingle,Adv. Ms. Bharti Tyagi,Adv. Mr. Anil K. Sangal,Adv. Mr. Siddharth Sangal,Adv. Mr. D.P. Mohanty,Adv. UPON hearing the counsel the Court made the following O R D E R Mr. A. K. Sinha, learned senior counsel appearing for the appellants, started his arguments at 10.45 AM and concluded at 12.15 PM. Thereafter, Mr. Mathews J. Nedumpara, learned counsel appearing for the respondents, started his arguments and was on his legs when the Court rose for the day. The matters remained part heard. List all the matters on 03.02.2015 at 10.30 AM as Part Heard (for whole day).
18 Ad-interim relief, granted in W.P.(C) 929 of 2014 on 05.11.2014, shall continue till 20.02.2015. I.A.No. 2 in W.P. (C) 737 of 2014, I.A.No. 2 in W.P. (C) 738 of 2014, I.A.No. 2 in W.P. (C) 739 of 2014, I.A.No. 2 in W.P. (C) 740 of 2014 List on 05.02.2015 at 10.30 AM. (Jayant Kumar Arora) Sr. P.A. (Sneh Bala Mehra) Assistant Registrar
\222 1 ITEM NO.101(PH) COURT NO.3 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No.5674/2009 PANDURANG GANPATI CHAUGULE Appellant(s) VERSUS VISHWASRAO PATIL MURGUD SAHAKARI BANK L. Respondent(s) (With interim relief and office report) WITH C.A. No. 5675/2009 (With Interim Relief and Office Report) C.A. No. 5681/2009 (With Office Report) C.A. No. 5682/2009 (With Interim Relief and Office Report) C.A. No. 5683/2009 (With Interim Relief and Office Report) C.A. No. 5684/2009 (With Interim Relief) SLP(C) No. 25929/2009 (With Interim Relief and Office Report) SLP(C) No. 25930/2009 (With Interim Relief and Office Report) W.P.(C) No. 318/2010 (With appln.(s) for stay and Office Report) C.A. No. 1468/2010 (With Office Report) C.A. No. 4391/2010 (With Office Report) C.A. No. 7410/2010Signature Not Verified SLP(C) No. 24309/2010Digitally signed byJayant Kumar AroraDate: 2015.01.3012:02:46 ISTReason: SLP(C) No. 29859/2010 2(With Interim Relief and Office Report) W.P.(C) No. 40/2011(With appln.(s) for stay and Office Report)
W.P.(C) No. 41/2011(With appln.(s) for stay and Office Report) W.P.(C) No. 61/2011(With appln.(s) for stay, directions and for permission to filecounter affidavit and Office Report) W.P.(C) No. 220/2011(With appln.(s) for stay and Office Report) W.P.(C) No. 269/2011(With appln.(s) for stay and vacating stay and Office Report) W.P.(C) No. 293/2011(With appln.(s) for stay and Office Report) W.P.(C) No. 306/2011(With appln.(s) for stay and Office Report) W.P.(C) No. 308/2011(With appln.(s) for stay and Office Report) W.P.(C) No. 338/2011(With appln.(s) for stay and Office Report) W.P.(C) No. 367/2011(With appln.(s) for directions, interim directions and impleadmentand Office Report) W.P.(C) No. 375/2011(With appln.(s) for stay and Office Report) W.P.(C) No. 378/2011(With appln.(s) for stay and Office Report) W.P.(C) No. 411/2011(With appln.(s) for stay and Office Report) W.P.(C) No. 484/2011(With appln.(s) for stay and vacating interim order and OfficeReport) W.P.(C) No. 529/2011 3(With appln.(s) for stay and vacating interim order and OfficeReport) W.P.(C) No. 531/2011(With appln.(s) for vacating interim order and stay and OfficeReport) C.A. No. 2440/2011(With Office Report) SLP(C) No. 7295-7298/2011(With Office Report) SLP(C) No. 21260/2011(With Interim Relief and Office Report) SLP(C) No. 22304-22305/2011(With Office Report) SLP(C) No. 24479-24480/2011(With Interim Relief and Office Report) W.P.(C) No. 5/2012
(With appln.(s) for stay and Office Report) W.P.(C) No. 48/2012(With appln.(s) for amendment of the petition and stay and OfficeReport) W.P.(C) No. 97/2012(With appln.(s) for stay and Office Report) W.P.(C) No. 103/2012(With appln.(s) for stay and Office Report) W.P.(C) No. 111/2012(With appln.(s) for vacating interim order and stay and OfficeReport) W.P.(C) No. 122/2012(With appln.(s) for stay and Office Report) W.P.(C) No. 123/2012(With appln.(s) for stay and Office Report) W.P.(C) No. 199/2012(With appln.(s) for stay and Office Report) W.P.(C) No. 248/2012(With appln.(s) for stay and vacating interim order and Office 4Report) W.P.(C) No. 249/2012(With appln.(s) for stay and Office Report) W.P.(C) No. 250/2012(With appln.(s) for stay and Office Report) W.P.(C) No. 291/2012(With appln.(s) for ex-parte stay and Office Report) W.P.(C) No. 293/2012(With appln.(s) for ex-parte stay and Office Report) W.P.(C) No. 369/2012(With appln.(s) for stay and Office Report) W.P.(C) No. 371/2012(With appln.(s) for ex-parte stay and Office Report) W.P.(C) No. 386/2012(With appln.(s) for stay and Office Report) W.P.(C) No. 460/2012(With appln.(s) for stay and Office Report) W.P.(C) No. 461/2012(With appln.(s) for stay and Office Report) W.P.(C) No. 487/2012(With appln.(s) for stay and Office Report) W.P.(C) No. 490/2012(With appln.(s) for stay and vacating stay and Office Report) W.P.(C) No. 521/2012(With appln.(s) for vacating stay and stay and Office Report) W.P.(C) No. 537/2012
(With appln.(s) for stay and permission to file additionaldocuments and Office Report) W.P.(C) No. 554/2012(With appln.(s) for stay and Office Report) SLP(C) Nos. 18732-18733/2012(With Interim Relief and Office Report) 5 SLP(C) No. 24276/2012(With Interim Relief and Office Report) SLP(C) No. 30568/2012(With Interim Relief and Office Report) W.P.(C) No. 6/2013(With appln.(s) for vacating stay and stay and Office Report) W.P.(C) No. 7/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 36/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 37/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 51/2013(With appln.(s) for stay and clarification of Court's order andOffice Report) W.P.(C) No. 52/2013(With appln.(s) for stay and clarification of Court's order andOffice Report) W.P.(C) No. 58/2013(With appln.(s) for stay and clarification of Court's order andOffice Report) W.P.(C) No. 111/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 112/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 138/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 146/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 151/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 175/2013(With appln.(s) for stay and Office Report) 6 W.P.(C) No. 179/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 181/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 191/2013(With appln.(s) for stay and vacation of ex-parte stay andOffice Report)
W.P.(C) No. 192/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 201/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 233/2013(With appln.(s) for stay and substitution of respondent andOffice Report) W.P.(C) No. 236/2013(With appln.(s) for stay and substitution of respondent andOffice Report) W.P.(C) No. 238/2013(With appln.(s) for stay and substitution of respondent andOffice Report) W.P.(C) No. 248/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 250/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 253/2013(With appln.(s) for stay and appln.(s) for vacating stay and OfficeReport) W.P.(C) No. 264/2013(With appln.(s) for stay and impleadment and Office Report) W.P.(C) No. 265/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 266/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 270/2013(With appln.(s) for stay and Office Report) 7 W.P.(C) No. 271/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 279/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 280/2013(With Office Report) W.P.(C) No. 284/2013(With appln.(s) for stay and impleadment and Office Report) W.P.(C) No. 285/2013(With appln.(s) for stay and vacating interim order and Office Report) CONMT.PET.(C) No. 320/2013 In SLP(C) No. 15507/2013 W.P.(C) No. 353/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 452/2013(With appln.(s) for stay and Office Report)
W.P.(C) No. 469/2013(With Office Report) W.P.(C) No. 588/2013(With appln.(s) for stay, impleadment and impleadment asparty respondent and Office Report) W.P.(C) No. 753/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 758/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 761/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 762/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 800/2013(With appln.(s) for directions and Office Report) W.P.(C) No. 819/2013(With appln.(s) for stay and Office Report) 8 W.P.(C) No. 868/2013(With appln.(s) for interim directions and directions) W.P.(C) No. 877/2013(With appln.(s) for directions and Office Report) W.P.(C) No. 922/2013(With appln.(s) for directions and Office Report) W.P.(C) No. 1007/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 1037/2013(With appln.(s) for directions and stay and Office Report) W.P.(C) No. 1043/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 1044/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 1045/2013(With appln.(s) for stay and Office Report) SLP(C) No. 12916/2013(With Interim Relief and Office Report) SLP(C) No. 13100/2013(With Interim Relief and Office Report) SLP(C) No. 15507/2013(With Office Report) SLP(C) No. 15634-15635/2013(With Office Report) SLP(C) No. 17054/2013(With Interim Relief and Office Report) SLP(C) No. 18775/2013(With Interim Relief and Office Report)
SLP(C) No. 18777/2013(With Interim Relief and Office Report) SLP(C) No. 25126/2013(With Interim Relief) 9 SLP(C) No. 29720/2013(With Office Report) SLP(C) No. 29721/2013(With Office Report) SLP(C) No. 35137/2013(With Interim Relief and Office Report) W.P.(C) No. 5/2014(With appln.(s) for stay and Office Report) W.P.(C) No. 10/2014(With appln.(s) for stay and Office Report) W.P.(C) No. 33/2014(With appln.(s) for stay and appln.(s) for impleadment and appln.(s) for impleadment and Office Report) W.P.(C) No. 40/2014(With appln.(s) for directions and Office Report) W.P.(C) No. 120/2014(With appln.(s) for stay, impleadment and vacating interimrelief and Office Report) W.P.(C) No. 142/2014(With appln.(s) for ex-parte stay and Office Report) W.P.(C) No. 168/2014(With appln.(s) for vacating stay and stay and Office Report) W.P.(C) No. 169/2014(With appln.(s) for vacating stay and stay and Office Report) W.P.(C) No. 208/2014(With appln.(s) for stay and Office Report) W.P.(C) No. 240/2014(With appln.(s) for stay and Office Report) W.P.(C) No. 272/2014(With appln.(s) for ex-parte stay and Office Report) W.P.(C) No. 352/2014(With appln.(s) for stay and Office Report) W.P.(C) No. 408/2014(With appln.(s) for stay and Office Report) 10 W.P.(C) No. 417/2014(With appln.(s) for stay and Office Report) W.P.(C) No. 420/2014(With appln.(s) for stay and Office Report) W.P.(C) No. 421/2014(With appln.(s) for stay and Office Report) W.P.(C) No. 492/2014
(With appln.(s) for stay and Office Report) W.P.(C) No. 712/2014(With appln.(s) for stay and Office Report) W.P.(C) No. 714/2014(With appln.(s) for stay) W.P.(C) No. 737/2014(With appln.(s) for stay and Office Report) W.P.(C) No. 738/2014(With appln.(s) for stay and ex-parte stay and Office Report) W.P.(C) No. 739/2014(With appln.(s) for stay and ex-parte stay and Office Report) W.P.(C) No. 740/2014(With appln.(s) for stay and ex-parte stay and Office Report) W.P.(C) No. 754/2014(With appln.(s) for stay and Office Report) W.P.(C) No. 756/2014(With appln.(s) for stay and Office Report) W.P.(C) No. 779/2014(With appln.(s) for stay and exemption from filing O.T. and OfficeReport) S.L.P.(C)..........CC No. 7586/2014(With appln.(s) for c/delay in filing SLP and Office Report) W.P.(C) No. 795/2014(With appln.(s) for stay and Office Report) W.P.(C) No. 849/2014(With appln.(s) for ex-parte stay and Office Report) 11 W.P.(C) No. 838/2014(With appln.(s) for stay and Office Report) W.P.(C) No. 827/2014(With appln.(s) for ex-parte stay and Office Report) W.P.(C) No. 929/2014(With appln.(s) for interim relief and Office Report) SLP(C) No. 32589/2014(With Office Report)Date : 29/01/2015 These matters were called on for hearing today.CORAM : HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE KURIAN JOSEPHFor Appellant(s) Mr. V. Giri, Sr. Adv. Mr. V.K. Biju,Adv. Mr. M. Khairati,Adv. Mr. Irshad Ahmad,Adv. Mr. Gaurav Agarwal,Adv. Mr. Devansh A. Mohta,Adv. Mr. Shishir Deshpande,Adv. Mr. Amit Yadav,Adv. For Ms. Sujata Kurdukar,Adv.
Mr. Nikhil Nayyar,Adv. Ms. Anagha S. Desai,Adv. Mr. Sunil Kumar Verma,Adv. Ms. Chandan Ramamurthi,Adv. Mr. Ajit Kr. Sinha,Sr.Adv. Mr. Abhishek Prasad,Adv. Mr. Ashok Mathur,Adv. Mr. R. Sudhinder,Adv. Mr. T. N. Singh, Adv. Mr. Randhir Kumar, Adv. For Mr. Rameshwar Prasad Goyal, Adv. Mr. Jayant Kumar Mehta,Adv. Mr. Renjith B. Marar,Adv. Mr. Lakshmi N. Kaimal,Adv. 12For Mr. K.L. Taneja,Adv.Mr. Pradhuman Gohil,Adv.Mr. Vikash Singh,Adv.Ms. Charu Mathur,Adv.Mr. Chirag M. Shroff,Adv.Mr. Satpal Singh,Adv.Mr. Vijay Kumar,Adv.Mr. Mathews J. Nedumpara,Adv.Mr. S. Sadasiva Reddy,Adv.Ms. Rohini Amin,Adv.For Ms. S. Usha Reddy,Adv.Mr. P.K. Manohar,Adv.Mr. Jayanth Muth Raj,Adv.Ms. Malavika J.Adv.Mr. Sureshan P.,Adv.Mr. Vishwajit Singh,Adv.Mr. H. Chandra Sekhar,Adv.Mr. Nikhil Goel,Adv.Mr. Marsook Bafaki, Adv.Mr. A. Venayagam Balan, Adv.Mr. Jatin Zaveri,Adv.Mr. Bankey Bihari Sharma,Adv.Mr. Jay Savla,Adv.Mr. S.W.A. Qadri,Adv.Mr. Tamim Qadri,Adv.For Mr. Lakshmi Raman Singh,Adv.Mr. Sarad Kumar Singhania,Adv.Mr. Harish Pandey,Adv.Mr. N.D.B. Raju,Adv.
Ms. Bharathi R.,Adv.Mr. N. Ganpathy,Adv.Mr. S. Ravi Shankar,Adv. 13Mr. Amar Dave, Adv.Mr. P.S. Sudheer,Adv.Mr. Rishi Maheshwari, Adv.Ms. Anne Mathew, Adv.Mr. Raj Kumar Kaushik, Adv.Mr. Amol Chitale, Adv.Ms. Pragya Baghel,Adv.Mr. Garvesh Kabra,Adv.Ms. Neera Gokhale, Adv.Ms. Kamakshi S. Mehlwal,Adv.Mr. Santosh Paul,Adv.Mr. Debopriyo Pal,Adv.Mr. Arvind Gupta,Adv.Ms. Savita Singh,Adv.Mr. Harish Pandey,Adv.Mr. M.J. Paul,Adv.Mr. Rabin Majumder,Adv.Mr. Anirudh Sanganeria,Adv.Mr. Mukul Kumar,Adv.Mr. Sanjay Jain,Adv.Mr. S.K. Kulkarni,Adv.Mr. M. Gireesh Kumar,Adv.For Mr. Ankur S. Kulkarni,Adv.Mr. Ankur Saigal,Adv.Mr. Mahesh Agarwal,Adv.Mr. Rishi Agrawala,Adv.Mr. Vikrant Pachnand,Adv.For Mr. E.C. Agrawala,Adv.For M/s. Temple Law Firm,Adv.Ms. Garima Prashad,Adv.Mr. S.R. Singh,Sr.Adv.Mr. Avnish Singh,Adv.Mr. Rajesh Srivastava,Adv.For Ms. Asha Gopalan Nair,Adv.Mr. Shishir Deshpande,Adv. 14 Mr. S. S. Ray, Adv. Ms. Rakhi Ray,Adv. Mr. Atul Babasaheb Dakh,Adv. Ms. Rashmi Singh,Adv. Mr. Santosh Krishnan,Adv. Mr. Vineet Bhagat,Adv. Ms. Anindita Saha, Adv.
Mr. Ajay Kumar Singh,Adv. Mr. Satpal Singh,Adv.For Respondent(s) Mr. Tushar Mehta, ASG Mr. B.B. Sawhney,Sr.Adv. Ms. Sunita Sharma,Adv. Mr. R.K. Rana,Adv. Mr. Triloki Nath Razdan,Adv. For Ms. Sushma Suri,Adv. Mr. Shekhar Naphade,Sr.Adv. Mr. Vinay Navare,Adv. Mr. Satyajeet Kumar, Adv. Mr. Keshav Ranjan,Adv. Ms. Gwan K.B., Adv. Ms. Abha R. Sharma,Adv. Mr. Kanika Baweja, Adv. Mr. Ashwani Srivastava, Adv. Mr. Krishan Kumar, Adv. Mr. Ashish Wad,Adv. For M/s. J.S. Wad & Co. Mr. Chinmoy Khaladkar,Adv. Mr. Preshit Surshe,Adv. Mr. Arjun Krishnan,Adv. Mr. Manish Pitale,Adv. Mr. Wasi Haider,Adv. For Mr. C.S. Asri,Adv. Mr. Jaideep Gupta,Sr.Adv. Mr. Kuldeep S. Parihar,Adv. Mr. H.S. Parihar,Adv. Mr. Uday B. Dube,Adv. Mr. Shankar Chillarge,AAG 15for Mr. Aniruddha P. Mayee,Adv.Mr. Ashok K. Mahajan,Adv.Mr. Pratap Venugopal, Adv.Ms. Supriya Jain,Adv.For M/s. K.J. John & Co.Mr. Niraj Sharma,Adv.Mr. M.T. George,Adv.Mr. Chinmoy Khaladkar,Adv.Ms. Neha Sharma,Adv.Mr. Deeptakirti Verma,Adv.Mr. Atul Yeshwant Chitale,Sr.Adv.Mr. Shreekant N. Terdal,Adv.Ms. Praveena Gautam,Adv.Mr. Deepak Tyagi, Adv.Ms. P. Gupta, Adv.Mr. P.I. Jose,Adv.Mr. A.K. Prasad,Adv.Mr. Vishwanath Bahuguna,Adv.Mr. Shivaji M. Jadhav,Adv.
Mr. C.K. Sasi,Adv.Mr. Yash Pal Dhingra,Adv.Mr. Tapesh Kumar Singh,Adv.Mr. Rajani K. Prasad,Adv.Mr. Bankey Bihari Sharma, Adv.For Ms. N. Annapoorani,Adv.Mr. Yadunandan Bansal,Adv.Mr. Abhijat P. Medh,Adv.Mr. Anil Kumar Mishra,Adv.Mr. Shyam Divan,Sr.Adv.Mr. Arjun Krishnan,Adv.Mr. Ashish Tiwari,Adv.Mr. D.M. Nargolkar,Adv. 16Mr. Piyush Sharma,Adv.Mr. D. Bharat Kumar,Adv.Mr. Joydip Roy, Adv.Mr. Sayooj Mohandal M.,Adv.Mr. T. Bhaskar Gowtham,Adv.For Mr. Abhijit Sengupta,Adv.Mr. S. Aravindh,Adv.Ms. Kanchan,Adv.For Mr. Senthil Jagadeesan,Adv.Mr. B. Subrahmanya Prasad,Adv.Mr. Subramonium Prasad,Adv.Mr. V.N. Raghupathy,Adv.Mr. Rajeev K. Panday,Adv.Mr. Rajeev Maheshwaranand Roy,Adv.Mr. Siddhesh Kotwal, Adv.Mr. Annirudh Sharma, Adv.Ms. Shreya Bhatnagar, Adv.For Mr. Nirnimesh Dube,Adv.Mr. Pravin Satale,Adv.Mr. Rajiv Shankar Dvivedi,Adv.Mr. Ravindra Keshavrao Adsure,Adv.Mr. Prashant Dahat,Adv.Mr. Siddeshwar Birdar,Adv.Mr. Sumit Pachkhande,Adv.Mr. Sanjay Kharde,Adv.Mr. Amol Nirmalkumar Suryawanshi,Adv.Ms. Hemantika Wahi,Adv.Mr. S.N. Bhat,Adv.Ms. Anuradha Mutatkar,Adv.For M/s. S.M. Jadhav & Company,Advs.Mr. Sudhanshu S. Choudhari,Adv.
Mr. Debmalya Banerjee,Adv.Mr. Dilpreet Singh,Adv.Mr. Jasmeet Singh,Adv. 17 Mr. Avijit Saxena,Adv. Ms. Jaimeet Kaur,Adv. For M/s. Karanjawala & Co.,Advs. Mr. M.P. Vinod,Adv. Mr. Rajesh Mahale,Adv. Mr. Shekhar Naphade,Sr.Adv. Mr. Krishan Kumar,Adv. Mr. K. Rajeev,Adv. Mr. Mohit Kr. Shah,Adv. For M/s. Dua Associates,Adv. Ms. A. Sumathi,Adv. Mr. M.Y. Deshmukh,Adv. Ms. Sonal Jain,Adv. Mr. Rajiv M. Brahma,Adv. Mr. Sachin Patil,Adv. For Mr. Shriram P. Pingle,Adv. Ms. Bharti Tyagi,Adv. Mr. Anil K. Sangal,Adv. Mr. Siddharth Sangal,Adv. Mr. D.P. Mohanty,Adv. UPON hearing the counsel the Court made the following O R D E R Mr. A. K. Sinha, learned senior counsel appearingfor the appellants, started his arguments at 10.45 AM andconcluded at 12.15 PM. Thereafter, Mr. Mathews J.Nedumpara, learned counsel appearing for the respondents,started his arguments and was on his legs when the Courtrose for the day. The matters remained part heard. List all the matters on 03.02.2015 at 10.30 AM asPart Heard (for whole day). 18 Ad-interim relief, granted in W.P.(C) 929 of 2014 on05.11.2014, shall continue till 20.02.2015.I.A.No. 2 in W.P. (C) 737 of 2014, I.A.No. 2 in W.P. (C)738 of 2014, I.A.No. 2 in W.P. (C) 739 of 2014, I.A.No. 2in W.P. (C) 740 of 2014 List on 05.02.2015 at 10.30 AM. (Jayant Kumar Arora) (Sneh Bala Mehra) Sr. P.A. Assistant Registrar
1 ITEM NO.101(PH) COURT NO.3 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No.5674/2009 PANDURANG GANPATI CHAUGULE Appellant(s) VERSUS VISHWASRAO PATIL MURGUD SAHAKARI BANK L. Respondent(s) (With interim relief and office report) WITH C.A. No. 5675/2009 (With Interim Relief and Office Report) C.A. No. 5681/2009 (With Office Report) C.A. No. 5682/2009 (With Interim Relief and Office Report) C.A. No. 5683/2009 (With Interim Relief and Office Report) C.A. No. 5684/2009 (With Interim Relief) SLP(C) No. 25929/2009 (With Interim Relief and Office Report) SLP(C) No. 25930/2009 (With Interim Relief and Office Report) W.P.(C) No. 318/2010 (With appln.(s) for stay and Office Report) C.A. No. 1468/2010 (With Office Report) C.A. No. 4391/2010 (With Office Report) C.A. No. 7410/2010 SLP(C) No. 24309/2010 SLP(C) No. 29859/2010
2 (With Interim Relief and Office Report) W.P.(C) No. 40/2011 (With appln.(s) for stay and Office Report) W.P.(C) No. 41/2011 (With appln.(s) for stay and Office Report) W.P.(C) No. 61/2011 (With appln.(s) for stay, directions and for permission to file counter affidavit and Office Report) W.P.(C) No. 220/2011 (With appln.(s) for stay and Office Report) W.P.(C) No. 269/2011 (With appln.(s) for stay and vacating stay and Office Report) W.P.(C) No. 293/2011 (With appln.(s) for stay and Office Report) W.P.(C) No. 306/2011 (With appln.(s) for stay and Office Report) W.P.(C) No. 308/2011 (With appln.(s) for stay and Office Report) W.P.(C) No. 338/2011 (With appln.(s) for stay and Office Report) W.P.(C) No. 367/2011 (With appln.(s) for directions, interim directions and impleadment and Office Report) W.P.(C) No. 375/2011 (With appln.(s) for stay and Office Report) W.P.(C) No. 378/2011 (With appln.(s) for stay and Office Report) W.P.(C) No. 411/2011 (With appln.(s) for stay and Office Report) W.P.(C) No. 484/2011 (With appln.(s) for stay and vacating interim order and Office Report) W.P.(C) No. 529/2011
3 (With appln.(s) for stay and vacating interim order and Office Report) W.P.(C) No. 531/2011 (With appln.(s) for vacating interim order and stay and Office Report) C.A. No. 2440/2011 (With Office Report) SLP(C) No. 7295-7298/2011 (With Office Report) SLP(C) No. 21260/2011 (With Interim Relief and Office Report) SLP(C) No. 22304-22305/2011 (With Office Report) SLP(C) No. 24479-24480/2011 (With Interim Relief and Office Report) W.P.(C) No. 5/2012 (With appln.(s) for stay and Office Report) W.P.(C) No. 48/2012 (With appln.(s) for amendment of the petition and stay and Office Report) W.P.(C) No. 97/2012 (With appln.(s) for stay and Office Report) W.P.(C) No. 103/2012 (With appln.(s) for stay and Office Report) W.P.(C) No. 111/2012 (With appln.(s) for vacating interim order and stay and Office Report) W.P.(C) No. 122/2012 (With appln.(s) for stay and Office Report) W.P.(C) No. 123/2012 (With appln.(s) for stay and Office Report) W.P.(C) No. 199/2012 (With appln.(s) for stay and Office Report) W.P.(C) No. 248/2012 (With appln.(s) for stay and vacating interim order and Office
4 Report) W.P.(C) No. 249/2012 (With appln.(s) for stay and Office Report) W.P.(C) No. 250/2012 (With appln.(s) for stay and Office Report) W.P.(C) No. 291/2012 (With appln.(s) for ex-parte stay and Office Report) W.P.(C) No. 293/2012 (With appln.(s) for ex-parte stay and Office Report) W.P.(C) No. 369/2012 (With appln.(s) for stay and Office Report) W.P.(C) No. 371/2012 (With appln.(s) for ex-parte stay and Office Report) W.P.(C) No. 386/2012 (With appln.(s) for stay and Office Report) W.P.(C) No. 460/2012 (With appln.(s) for stay and Office Report) W.P.(C) No. 461/2012 (With appln.(s) for stay and Office Report) W.P.(C) No. 487/2012 (With appln.(s) for stay and Office Report) W.P.(C) No. 490/2012 (With appln.(s) for stay and vacating stay and Office Report) W.P.(C) No. 521/2012 (With appln.(s) for vacating stay and stay and Office Report) W.P.(C) No. 537/2012 (With appln.(s) for stay and permission to file additional documents and Office Report) W.P.(C) No. 554/2012 (With appln.(s) for stay and Office Report) SLP(C) Nos. 18732-18733/2012 (With Interim Relief and Office Report)
5 SLP(C) No. 24276/2012 (With Interim Relief and Office Report) SLP(C) No. 30568/2012 (With Interim Relief and Office Report) W.P.(C) No. 6/2013 (With appln.(s) for vacating stay and stay and Office Report) W.P.(C) No. 7/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 36/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 37/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 51/2013 (With appln.(s) for stay and clarification of Court's order and Office Report) W.P.(C) No. 52/2013 (With appln.(s) for stay and clarification of Court's order and Office Report) W.P.(C) No. 58/2013 (With appln.(s) for stay and clarification of Court's order and Office Report) W.P.(C) No. 111/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 112/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 138/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 146/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 151/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 175/2013 (With appln.(s) for stay and Office Report)
6 W.P.(C) No. 179/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 181/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 191/2013 (With appln.(s) for stay and vacation of ex-parte stay and Office Report) W.P.(C) No. 192/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 201/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 233/2013 (With appln.(s) for stay and substitution of respondent and Office Report) W.P.(C) No. 236/2013 (With appln.(s) for stay and substitution of respondent and Office Report) W.P.(C) No. 238/2013 (With appln.(s) for stay and substitution of respondent and Office Report) W.P.(C) No. 248/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 250/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 253/2013 (With appln.(s) for stay and appln.(s) for vacating stay and Office Report) W.P.(C) No. 264/2013 (With appln.(s) for stay and impleadment and Office Report) W.P.(C) No. 265/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 266/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 270/2013 (With appln.(s) for stay and Office Report)
7 W.P.(C) No. 271/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 279/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 280/2013 (With Office Report) W.P.(C) No. 284/2013 (With appln.(s) for stay and impleadment and Office Report) W.P.(C) No. 285/2013 (With appln.(s) for stay and vacating interim order and Office Report) CONMT.PET.(C) No. 320/2013 In SLP(C) No. 15507/2013 W.P.(C) No. 353/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 452/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 469/2013 (With Office Report) W.P.(C) No. 588/2013 (With appln.(s) for stay, impleadment and impleadment as party respondent and Office Report) W.P.(C) No. 753/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 758/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 761/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 762/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 800/2013 (With appln.(s) for directions and Office Report) W.P.(C) No. 819/2013 (With appln.(s) for stay and Office Report)
8 W.P.(C) No. 868/2013 (With appln.(s) for interim directions and directions) W.P.(C) No. 877/2013 (With appln.(s) for directions and Office Report) W.P.(C) No. 922/2013 (With appln.(s) for directions and Office Report) W.P.(C) No. 1007/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 1037/2013 (With appln.(s) for directions and stay and Office Report) W.P.(C) No. 1043/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 1044/2013 (With appln.(s) for stay and Office Report) W.P.(C) No. 1045/2013 (With appln.(s) for stay and Office Report) SLP(C) No. 12916/2013 (With Interim Relief and Office Report) SLP(C) No. 13100/2013 (With Interim Relief and Office Report) SLP(C) No. 15507/2013 (With Office Report) SLP(C) No. 15634-15635/2013 (With Office Report) SLP(C) No. 17054/2013 (With Interim Relief and Office Report) SLP(C) No. 18775/2013 (With Interim Relief and Office Report) SLP(C) No. 18777/2013 (With Interim Relief and Office Report) SLP(C) No. 25126/2013 (With Interim Relief)
9 SLP(C) No. 29720/2013 (With Office Report) SLP(C) No. 29721/2013 (With Office Report) SLP(C) No. 35137/2013 (With Interim Relief and Office Report) W.P.(C) No. 5/2014 (With appln.(s) for stay and Office Report) W.P.(C) No. 10/2014 (With appln.(s) for stay and Office Report) W.P.(C) No. 33/2014 (With appln.(s) for stay and appln.(s) for impleadment and appln. (s) for impleadment and Office Report) W.P.(C) No. 40/2014 (With appln.(s) for directions and Office Report) W.P.(C) No. 120/2014 (With appln.(s) for stay, impleadment and vacating interim relief and Office Report) W.P.(C) No. 142/2014 (With appln.(s) for ex-parte stay and Office Report) W.P.(C) No. 168/2014 (With appln.(s) for vacating stay and stay and Office Report) W.P.(C) No. 169/2014 (With appln.(s) for vacating stay and stay and Office Report) W.P.(C) No. 208/2014 (With appln.(s) for stay and Office Report) W.P.(C) No. 240/2014 (With appln.(s) for stay and Office Report) W.P.(C) No. 272/2014 (With appln.(s) for ex-parte stay and Office Report) W.P.(C) No. 352/2014 (With appln.(s) for stay and Office Report) W.P.(C) No. 408/2014 (With appln.(s) for stay and Office Report)
10 W.P.(C) No. 417/2014 (With appln.(s) for stay and Office Report) W.P.(C) No. 420/2014 (With appln.(s) for stay and Office Report) W.P.(C) No. 421/2014 (With appln.(s) for stay and Office Report) W.P.(C) No. 492/2014 (With appln.(s) for stay and Office Report) W.P.(C) No. 712/2014 (With appln.(s) for stay and Office Report) W.P.(C) No. 714/2014 (With appln.(s) for stay) W.P.(C) No. 737/2014 (With appln.(s) for stay and Office Report) W.P.(C) No. 738/2014 (With appln.(s) for stay and ex-parte stay and Office Report) W.P.(C) No. 739/2014 (With appln.(s) for stay and ex-parte stay and Office Report) W.P.(C) No. 740/2014 (With appln.(s) for stay and ex-parte stay and Office Report) W.P.(C) No. 754/2014 (With appln.(s) for stay and Office Report) W.P.(C) No. 756/2014 (With appln.(s) for stay and Office Report) W.P.(C) No. 779/2014 (With appln.(s) for stay and exemption from filing O.T. and Office Report) S.L.P.(C)..........CC No. 7586/2014 (With appln.(s) for c/delay in filing SLP and Office Report) W.P.(C) No. 795/2014 (With appln.(s) for stay and Office Report) W.P.(C) No. 849/2014 (With appln.(s) for ex-parte stay and Office Report)
11 W.P.(C) No. 838/2014 (With appln.(s) for stay and Office Report) W.P.(C) No. 827/2014 (With appln.(s) for ex-parte stay and Office Report) W.P.(C) No. 929/2014 (With appln.(s) for interim relief and Office Report) SLP(C) No. 32589/2014 (With Office Report) Date : 29/01/2015 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE KURIAN JOSEPH For Appellant(s) Mr. V. Giri, Sr. Adv. Mr. V.K. Biju,Adv. Mr. M. Khairati,Adv. Mr. Irshad Ahmad,Adv. Mr. Gaurav Agarwal,Adv. Mr. Devansh A. Mohta,Adv. Mr. Shishir Deshpande,Adv. Mr. Amit Yadav,Adv. For Ms. Sujata Kurdukar,Adv. Mr. Nikhil Nayyar,Adv. Ms. Anagha S. Desai,Adv. Mr. Sunil Kumar Verma,Adv. Ms. Chandan Ramamurthi,Adv. Mr. Ajit Kr. Sinha,Sr.Adv. Mr. Abhishek Prasad,Adv. Mr. Ashok Mathur,Adv. Mr. R. Sudhinder,Adv. Mr. T. N. Singh, Adv. Mr. Randhir Kumar, Adv. For Mr. Rameshwar Prasad Goyal, Adv. Mr. Jayant Kumar Mehta,Adv. Mr. Renjith B. Marar,Adv. Mr. Lakshmi N. Kaimal,Adv.
12 For Mr. K.L. Taneja,Adv. Mr. Pradhuman Gohil,Adv. Mr. Vikash Singh,Adv. Ms. Charu Mathur,Adv. Mr. Chirag M. Shroff,Adv. Mr. Satpal Singh,Adv. Mr. Vijay Kumar,Adv. Mr. Mathews J. Nedumpara,Adv. Mr. S. Sadasiva Reddy,Adv. Ms. Rohini Amin,Adv. For Ms. S. Usha Reddy,Adv. Mr. P.K. Manohar,Adv. Mr. Jayanth Muth Raj,Adv. Ms. Malavika J.Adv. Mr. Sureshan P.,Adv. Mr. Vishwajit Singh,Adv. Mr. H. Chandra Sekhar,Adv. Mr. Nikhil Goel,Adv. Mr. Marsook Bafaki, Adv. Mr. A. Venayagam Balan, Adv. Mr. Jatin Zaveri,Adv. Mr. Bankey Bihari Sharma,Adv. Mr. Jay Savla,Adv. Mr. S.W.A. Qadri,Adv. Mr. Tamim Qadri,Adv. For Mr. Lakshmi Raman Singh,Adv. Mr. Sarad Kumar Singhania,Adv. Mr. Harish Pandey,Adv. Mr. N.D.B. Raju,Adv. Ms. Bharathi R.,Adv. Mr. N. Ganpathy,Adv. Mr. S. Ravi Shankar,Adv.
13 Mr. Amar Dave, Adv. Mr. P.S. Sudheer,Adv. Mr. Rishi Maheshwari, Adv. Ms. Anne Mathew, Adv. Mr. Raj Kumar Kaushik, Adv. Mr. Amol Chitale, Adv. Ms. Pragya Baghel,Adv. Mr. Garvesh Kabra,Adv. Ms. Neera Gokhale, Adv. Ms. Kamakshi S. Mehlwal,Adv. Mr. Santosh Paul,Adv. Mr. Debopriyo Pal,Adv. Mr. Arvind Gupta,Adv. Ms. Savita Singh,Adv. Mr. Harish Pandey,Adv. Mr. M.J. Paul,Adv. Mr. Rabin Majumder,Adv. Mr. Anirudh Sanganeria,Adv. Mr. Mukul Kumar,Adv. Mr. Sanjay Jain,Adv. Mr. S.K. Kulkarni,Adv. Mr. M. Gireesh Kumar,Adv. For Mr. Ankur S. Kulkarni,Adv. Mr. Ankur Saigal,Adv. Mr. Mahesh Agarwal,Adv. Mr. Rishi Agrawala,Adv. Mr. Vikrant Pachnand,Adv. For Mr. E.C. Agrawala,Adv. For M/s. Temple Law Firm,Adv. Ms. Garima Prashad,Adv. Mr. S.R. Singh,Sr.Adv. Mr. Avnish Singh,Adv. Mr. Rajesh Srivastava,Adv. For Ms. Asha Gopalan Nair,Adv. Mr. Shishir Deshpande,Adv.
14 Mr. S. S. Ray, Adv. Ms. Rakhi Ray,Adv. Mr. Atul Babasaheb Dakh,Adv. Ms. Rashmi Singh,Adv. Mr. Santosh Krishnan,Adv. Mr. Vineet Bhagat,Adv. Ms. Anindita Saha, Adv. Mr. Ajay Kumar Singh,Adv. Mr. Satpal Singh,Adv. For Respondent(s) Mr. Tushar Mehta, ASG Mr. B.B. Sawhney,Sr.Adv. Ms. Sunita Sharma,Adv. Mr. R.K. Rana,Adv. Mr. Triloki Nath Razdan,Adv. For Ms. Sushma Suri,Adv. Mr. Shekhar Naphade,Sr.Adv. Mr. Vinay Navare,Adv. Mr. Satyajeet Kumar, Adv. Mr. Keshav Ranjan,Adv. Ms. Gwan K.B., Adv. Ms. Abha R. Sharma,Adv. Mr. Kanika Baweja, Adv. Mr. Ashwani Srivastava, Adv. Mr. Krishan Kumar, Adv. Mr. Ashish Wad,Adv. For M/s. J.S. Wad & Co. Mr. Chinmoy Khaladkar,Adv. Mr. Preshit Surshe,Adv. Mr. Arjun Krishnan,Adv. Mr. Manish Pitale,Adv. Mr. Wasi Haider,Adv. For Mr. C.S. Asri,Adv. Mr. Jaideep Gupta,Sr.Adv. Mr. Kuldeep S. Parihar,Adv. Mr. H.S. Parihar,Adv. Mr. Uday B. Dube,Adv. Mr. Shankar Chillarge,AAG
15 for Mr. Aniruddha P. Mayee,Adv. Mr. Ashok K. Mahajan,Adv. Mr. Pratap Venugopal, Adv. Ms. Supriya Jain,Adv. For M/s. K.J. John & Co. Mr. Niraj Sharma,Adv. Mr. M.T. George,Adv. Mr. Chinmoy Khaladkar,Adv. Ms. Neha Sharma,Adv. Mr. Deeptakirti Verma,Adv. Mr. Atul Yeshwant Chitale,Sr.Adv. Mr. Shreekant N. Terdal,Adv. Ms. Praveena Gautam,Adv. Mr. Deepak Tyagi, Adv. Ms. P. Gupta, Adv. Mr. P.I. Jose,Adv. Mr. A.K. Prasad,Adv. Mr. Vishwanath Bahuguna,Adv. Mr. Shivaji M. Jadhav,Adv. Mr. C.K. Sasi,Adv. Mr. Yash Pal Dhingra,Adv. Mr. Tapesh Kumar Singh,Adv. Mr. Rajani K. Prasad,Adv. Mr. Bankey Bihari Sharma, Adv. For Ms. N. Annapoorani,Adv. Mr. Yadunandan Bansal,Adv. Mr. Abhijat P. Medh,Adv. Mr. Anil Kumar Mishra,Adv. Mr. Shyam Divan,Sr.Adv. Mr. Arjun Krishnan,Adv. Mr. Ashish Tiwari,Adv. Mr. D.M. Nargolkar,Adv.
16 Mr. Piyush Sharma,Adv. Mr. D. Bharat Kumar,Adv. Mr. Joydip Roy, Adv. Mr. Sayooj Mohandal M.,Adv. Mr. T. Bhaskar Gowtham,Adv. For M r. Abhijit Sengupta,Adv. Mr. S. Aravindh,Adv. Ms. Kanchan,Adv. For Mr. Senthil Jagadeesan,Adv. Mr. B. Subrahmanya Prasad,Adv. Mr. Subramonium Prasad,Adv. Mr. V.N. Raghupathy,Adv. Mr. Rajeev K. Panday,Adv. Mr. Rajeev Maheshwaranand Roy,Adv. Mr. Siddhesh Kotwal, Adv. Mr. Annirudh Sharma, Adv. Ms. Shreya Bhatnagar, Adv. For Mr. Nirnimesh Dube,Adv. Mr. Pravin Satale,Adv. Mr. Rajiv Shankar Dv ivedi,Adv. Mr. Ravindra Keshavrao Adsure,Adv. Mr. Prashant Dahat,Adv. Mr. Siddeshwar Birdar,Adv. Mr. Sumit Pachkhande,Adv. Mr. Sanjay Kharde,Adv. Mr. Amol Nirmalkumar Suryawanshi,Adv. Ms. Hemantika Wahi,Adv. Mr. S.N. Bhat,Adv. Ms. Anuradha Mutatkar,Adv. For M/s. S.M. Jadhav & Company,Advs. Mr. Sudhanshu S. Choudhari,Adv. Mr. Debmalya Banerjee,Adv. Mr. Dilpreet Singh,Adv. Mr. Jasmeet Singh,Adv.
17 Mr. Avijit Saxena,Adv. Ms. Jaimeet Kaur,Adv. For M/s. Karanjawala & Co.,Advs. Mr. M.P. Vinod,Adv. Mr. Rajesh Mahale,Adv. Mr. Shekhar Naphade,Sr.Adv. Mr. Krishan Kumar,Adv. Mr. K. Rajeev,Adv. Mr. Mohit Kr. Shah,Adv. For M/s. Dua Associates,Adv. Ms. A. Sumathi,Adv. Mr. M.Y. Deshmukh,Adv. Ms. Sonal Jain,Adv. Mr. Rajiv M. Brahma,Adv. Mr. Sachin Patil,Adv. For Mr. Shriram P. Pingle,Adv. Ms. Bharti Tyagi,Adv. Mr. Anil K. Sangal,Adv. Mr. Siddharth Sangal,Adv. Mr. D.P. Mohanty,Adv. UPON hearing the counsel the Court made the following O R D E R Mr. A. K. Sinha, learned senior counsel appearing for the appellants, started his arguments at 10.45 AM and concluded at 12.15 PM. Thereafter, Mr. Mathews J. Nedumpara, learned counsel appearing for the respondents, started his arguments and was on his legs when the Court rose for the day. The matters remained part heard. List all the matters on 03.02.2015 at 10.30 AM as Part Heard (for whole day).
18 Ad-interim relief, granted in W.P.(C) 929 of 2014 on 05.11.2014, shall continue till 20.02.2015. I.A.No. 2 in W.P. (C) 737 of 2014, I.A.No. 2 in W.P. (C) 738 of 2014, I.A.No. 2 in W.P. (C) 739 of 2014, I.A.No. 2 in W.P. (C) 740 of 2014 List on 05.02.2015 at 10.30 AM. (Jayant Kumar Arora) Sr. P.A. (Sneh Bala Mehra) Assistant Registrar
Listed on : 28.01.2015 Before Court No. 3 Item No. 101 SECTION:XIV IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION PETITION FOR SPECIAL LEAVE TO APPEAL (C) No. 32589/2014 WITH PRAYER FOR INTERIM RELIEF M/s Dev Memorial Edu. Trust and Anr. ... Petitioners Versus Union Of India & Ors. ...Respondents OFFICE REPORT The matter above mentioned was listed before the Hon'ble Court on 12.12.2014, when the court was pleased to pass the following order:- “ Exemption from filing O. T. is allowed. Issue notice. Both parties are directed to maintain status quo prevailing as on date. Tag with C.A. No. 5674/2009 etc. ” It is submitted that pursuant to aforesaid order show cause notice to all the 5 respondents was issued on 07.01.2015 by registered A.D. Neither AD nor unserved cover has been received from respondent nos. 2 to 5. Unserved Cover has been received from respondent no. 1 with postal remark 'incomplete address'. Service is not complete on respondent nos. 1 to 5. Since the main matter is on board, hence this Office Report. DATED THIS THE 27 th DAY OF JANUARY, 2015. ASSISTANT REGISTRAR COPY TO: 1. Mr. Ajay Kumar Singh, Adv. Ch. No. ASSISTANT REGISTRAR p-2/Avi
\222 1 ITEM NO.101(PH) COURT NO.3 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No.5674/2009 PANDURANG GANPATI CHAUGULE Appellant(s) VERSUS VISHWASRAO PATIL MURGUD SAHAKARI BANK L. Respondent(s) (With interim relief and office report) WITH C.A. No. 5675/2009 (With Interim Relief and Office Report) C.A. No. 5681/2009 (With Office Report) C.A. No. 5682/2009 (With Interim Relief and Office Report) C.A. No. 5683/2009 (With Interim Relief and Office Report) C.A. No. 5684/2009 (With Interim Relief) SLP(C) No. 25929/2009 (With Interim Relief and Office Report) SLP(C) No. 25930/2009 (With Interim Relief and Office Report) W.P.(C) No. 318/2010 (With appln.(s) for stay and Office Report) C.A. No. 1468/2010 (With Office Report) C.A. No. 4391/2010 (With Office Report) C.A. No. 7410/2010Signature Not Verified SLP(C) No. 24309/2010Digitally signed byJayant Kumar AroraDate: 2015.01.3012:02:46 ISTReason: SLP(C) No. 29859/2010 2(With Interim Relief and Office Report) W.P.(C) No. 40/2011(With appln.(s) for stay and Office Report)
W.P.(C) No. 41/2011(With appln.(s) for stay and Office Report) W.P.(C) No. 61/2011(With appln.(s) for stay, directions and for permission to filecounter affidavit and Office Report) W.P.(C) No. 220/2011(With appln.(s) for stay and Office Report) W.P.(C) No. 269/2011(With appln.(s) for stay and vacating stay and Office Report) W.P.(C) No. 293/2011(With appln.(s) for stay and Office Report) W.P.(C) No. 306/2011(With appln.(s) for stay and Office Report) W.P.(C) No. 308/2011(With appln.(s) for stay and Office Report) W.P.(C) No. 338/2011(With appln.(s) for stay and Office Report) W.P.(C) No. 367/2011(With appln.(s) for directions, interim directions and impleadmentand Office Report) W.P.(C) No. 375/2011(With appln.(s) for stay and Office Report) W.P.(C) No. 378/2011(With appln.(s) for stay and Office Report) W.P.(C) No. 411/2011(With appln.(s) for stay and Office Report) W.P.(C) No. 484/2011(With appln.(s) for stay and vacating interim order and OfficeReport) W.P.(C) No. 529/2011 3(With appln.(s) for stay and vacating interim order and OfficeReport) W.P.(C) No. 531/2011(With appln.(s) for vacating interim order and stay and OfficeReport) C.A. No. 2440/2011(With Office Report) SLP(C) No. 7295-7298/2011(With Office Report) SLP(C) No. 21260/2011(With Interim Relief and Office Report) SLP(C) No. 22304-22305/2011(With Office Report) SLP(C) No. 24479-24480/2011(With Interim Relief and Office Report) W.P.(C) No. 5/2012
(With appln.(s) for stay and Office Report) W.P.(C) No. 48/2012(With appln.(s) for amendment of the petition and stay and OfficeReport) W.P.(C) No. 97/2012(With appln.(s) for stay and Office Report) W.P.(C) No. 103/2012(With appln.(s) for stay and Office Report) W.P.(C) No. 111/2012(With appln.(s) for vacating interim order and stay and OfficeReport) W.P.(C) No. 122/2012(With appln.(s) for stay and Office Report) W.P.(C) No. 123/2012(With appln.(s) for stay and Office Report) W.P.(C) No. 199/2012(With appln.(s) for stay and Office Report) W.P.(C) No. 248/2012(With appln.(s) for stay and vacating interim order and Office 4Report) W.P.(C) No. 249/2012(With appln.(s) for stay and Office Report) W.P.(C) No. 250/2012(With appln.(s) for stay and Office Report) W.P.(C) No. 291/2012(With appln.(s) for ex-parte stay and Office Report) W.P.(C) No. 293/2012(With appln.(s) for ex-parte stay and Office Report) W.P.(C) No. 369/2012(With appln.(s) for stay and Office Report) W.P.(C) No. 371/2012(With appln.(s) for ex-parte stay and Office Report) W.P.(C) No. 386/2012(With appln.(s) for stay and Office Report) W.P.(C) No. 460/2012(With appln.(s) for stay and Office Report) W.P.(C) No. 461/2012(With appln.(s) for stay and Office Report) W.P.(C) No. 487/2012(With appln.(s) for stay and Office Report) W.P.(C) No. 490/2012(With appln.(s) for stay and vacating stay and Office Report) W.P.(C) No. 521/2012(With appln.(s) for vacating stay and stay and Office Report) W.P.(C) No. 537/2012
(With appln.(s) for stay and permission to file additionaldocuments and Office Report) W.P.(C) No. 554/2012(With appln.(s) for stay and Office Report) SLP(C) Nos. 18732-18733/2012(With Interim Relief and Office Report) 5 SLP(C) No. 24276/2012(With Interim Relief and Office Report) SLP(C) No. 30568/2012(With Interim Relief and Office Report) W.P.(C) No. 6/2013(With appln.(s) for vacating stay and stay and Office Report) W.P.(C) No. 7/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 36/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 37/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 51/2013(With appln.(s) for stay and clarification of Court's order andOffice Report) W.P.(C) No. 52/2013(With appln.(s) for stay and clarification of Court's order andOffice Report) W.P.(C) No. 58/2013(With appln.(s) for stay and clarification of Court's order andOffice Report) W.P.(C) No. 111/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 112/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 138/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 146/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 151/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 175/2013(With appln.(s) for stay and Office Report) 6 W.P.(C) No. 179/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 181/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 191/2013(With appln.(s) for stay and vacation of ex-parte stay andOffice Report)
W.P.(C) No. 192/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 201/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 233/2013(With appln.(s) for stay and substitution of respondent andOffice Report) W.P.(C) No. 236/2013(With appln.(s) for stay and substitution of respondent andOffice Report) W.P.(C) No. 238/2013(With appln.(s) for stay and substitution of respondent andOffice Report) W.P.(C) No. 248/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 250/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 253/2013(With appln.(s) for stay and appln.(s) for vacating stay and OfficeReport) W.P.(C) No. 264/2013(With appln.(s) for stay and impleadment and Office Report) W.P.(C) No. 265/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 266/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 270/2013(With appln.(s) for stay and Office Report) 7 W.P.(C) No. 271/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 279/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 280/2013(With Office Report) W.P.(C) No. 284/2013(With appln.(s) for stay and impleadment and Office Report) W.P.(C) No. 285/2013(With appln.(s) for stay and vacating interim order and Office Report) CONMT.PET.(C) No. 320/2013 In SLP(C) No. 15507/2013 W.P.(C) No. 353/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 452/2013(With appln.(s) for stay and Office Report)
W.P.(C) No. 469/2013(With Office Report) W.P.(C) No. 588/2013(With appln.(s) for stay, impleadment and impleadment asparty respondent and Office Report) W.P.(C) No. 753/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 758/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 761/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 762/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 800/2013(With appln.(s) for directions and Office Report) W.P.(C) No. 819/2013(With appln.(s) for stay and Office Report) 8 W.P.(C) No. 868/2013(With appln.(s) for interim directions and directions) W.P.(C) No. 877/2013(With appln.(s) for directions and Office Report) W.P.(C) No. 922/2013(With appln.(s) for directions and Office Report) W.P.(C) No. 1007/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 1037/2013(With appln.(s) for directions and stay and Office Report) W.P.(C) No. 1043/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 1044/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 1045/2013(With appln.(s) for stay and Office Report) SLP(C) No. 12916/2013(With Interim Relief and Office Report) SLP(C) No. 13100/2013(With Interim Relief and Office Report) SLP(C) No. 15507/2013(With Office Report) SLP(C) No. 15634-15635/2013(With Office Report) SLP(C) No. 17054/2013(With Interim Relief and Office Report) SLP(C) No. 18775/2013(With Interim Relief and Office Report)
SLP(C) No. 18777/2013(With Interim Relief and Office Report) SLP(C) No. 25126/2013(With Interim Relief) 9 SLP(C) No. 29720/2013(With Office Report) SLP(C) No. 29721/2013(With Office Report) SLP(C) No. 35137/2013(With Interim Relief and Office Report) W.P.(C) No. 5/2014(With appln.(s) for stay and Office Report) W.P.(C) No. 10/2014(With appln.(s) for stay and Office Report) W.P.(C) No. 33/2014(With appln.(s) for stay and appln.(s) for impleadment and appln.(s) for impleadment and Office Report) W.P.(C) No. 40/2014(With appln.(s) for directions and Office Report) W.P.(C) No. 120/2014(With appln.(s) for stay, impleadment and vacating interimrelief and Office Report) W.P.(C) No. 142/2014(With appln.(s) for ex-parte stay and Office Report) W.P.(C) No. 168/2014(With appln.(s) for vacating stay and stay and Office Report) W.P.(C) No. 169/2014(With appln.(s) for vacating stay and stay and Office Report) W.P.(C) No. 208/2014(With appln.(s) for stay and Office Report) W.P.(C) No. 240/2014(With appln.(s) for stay and Office Report) W.P.(C) No. 272/2014(With appln.(s) for ex-parte stay and Office Report) W.P.(C) No. 352/2014(With appln.(s) for stay and Office Report) W.P.(C) No. 408/2014(With appln.(s) for stay and Office Report) 10 W.P.(C) No. 417/2014(With appln.(s) for stay and Office Report) W.P.(C) No. 420/2014(With appln.(s) for stay and Office Report) W.P.(C) No. 421/2014(With appln.(s) for stay and Office Report) W.P.(C) No. 492/2014
(With appln.(s) for stay and Office Report) W.P.(C) No. 712/2014(With appln.(s) for stay and Office Report) W.P.(C) No. 714/2014(With appln.(s) for stay) W.P.(C) No. 737/2014(With appln.(s) for stay and Office Report) W.P.(C) No. 738/2014(With appln.(s) for stay and ex-parte stay and Office Report) W.P.(C) No. 739/2014(With appln.(s) for stay and ex-parte stay and Office Report) W.P.(C) No. 740/2014(With appln.(s) for stay and ex-parte stay and Office Report) W.P.(C) No. 754/2014(With appln.(s) for stay and Office Report) W.P.(C) No. 756/2014(With appln.(s) for stay and Office Report) W.P.(C) No. 779/2014(With appln.(s) for stay and exemption from filing O.T. and OfficeReport) S.L.P.(C)..........CC No. 7586/2014(With appln.(s) for c/delay in filing SLP and Office Report) W.P.(C) No. 795/2014(With appln.(s) for stay and Office Report) W.P.(C) No. 849/2014(With appln.(s) for ex-parte stay and Office Report) 11 W.P.(C) No. 838/2014(With appln.(s) for stay and Office Report) W.P.(C) No. 827/2014(With appln.(s) for ex-parte stay and Office Report) W.P.(C) No. 929/2014(With appln.(s) for interim relief and Office Report) SLP(C) No. 32589/2014(With Office Report)Date : 29/01/2015 These matters were called on for hearing today.CORAM : HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE KURIAN JOSEPHFor Appellant(s) Mr. V. Giri, Sr. Adv. Mr. V.K. Biju,Adv. Mr. M. Khairati,Adv. Mr. Irshad Ahmad,Adv. Mr. Gaurav Agarwal,Adv. Mr. Devansh A. Mohta,Adv. Mr. Shishir Deshpande,Adv. Mr. Amit Yadav,Adv. For Ms. Sujata Kurdukar,Adv.
Mr. Nikhil Nayyar,Adv. Ms. Anagha S. Desai,Adv. Mr. Sunil Kumar Verma,Adv. Ms. Chandan Ramamurthi,Adv. Mr. Ajit Kr. Sinha,Sr.Adv. Mr. Abhishek Prasad,Adv. Mr. Ashok Mathur,Adv. Mr. R. Sudhinder,Adv. Mr. T. N. Singh, Adv. Mr. Randhir Kumar, Adv. For Mr. Rameshwar Prasad Goyal, Adv. Mr. Jayant Kumar Mehta,Adv. Mr. Renjith B. Marar,Adv. Mr. Lakshmi N. Kaimal,Adv. 12For Mr. K.L. Taneja,Adv.Mr. Pradhuman Gohil,Adv.Mr. Vikash Singh,Adv.Ms. Charu Mathur,Adv.Mr. Chirag M. Shroff,Adv.Mr. Satpal Singh,Adv.Mr. Vijay Kumar,Adv.Mr. Mathews J. Nedumpara,Adv.Mr. S. Sadasiva Reddy,Adv.Ms. Rohini Amin,Adv.For Ms. S. Usha Reddy,Adv.Mr. P.K. Manohar,Adv.Mr. Jayanth Muth Raj,Adv.Ms. Malavika J.Adv.Mr. Sureshan P.,Adv.Mr. Vishwajit Singh,Adv.Mr. H. Chandra Sekhar,Adv.Mr. Nikhil Goel,Adv.Mr. Marsook Bafaki, Adv.Mr. A. Venayagam Balan, Adv.Mr. Jatin Zaveri,Adv.Mr. Bankey Bihari Sharma,Adv.Mr. Jay Savla,Adv.Mr. S.W.A. Qadri,Adv.Mr. Tamim Qadri,Adv.For Mr. Lakshmi Raman Singh,Adv.Mr. Sarad Kumar Singhania,Adv.Mr. Harish Pandey,Adv.Mr. N.D.B. Raju,Adv.
Ms. Bharathi R.,Adv.Mr. N. Ganpathy,Adv.Mr. S. Ravi Shankar,Adv. 13Mr. Amar Dave, Adv.Mr. P.S. Sudheer,Adv.Mr. Rishi Maheshwari, Adv.Ms. Anne Mathew, Adv.Mr. Raj Kumar Kaushik, Adv.Mr. Amol Chitale, Adv.Ms. Pragya Baghel,Adv.Mr. Garvesh Kabra,Adv.Ms. Neera Gokhale, Adv.Ms. Kamakshi S. Mehlwal,Adv.Mr. Santosh Paul,Adv.Mr. Debopriyo Pal,Adv.Mr. Arvind Gupta,Adv.Ms. Savita Singh,Adv.Mr. Harish Pandey,Adv.Mr. M.J. Paul,Adv.Mr. Rabin Majumder,Adv.Mr. Anirudh Sanganeria,Adv.Mr. Mukul Kumar,Adv.Mr. Sanjay Jain,Adv.Mr. S.K. Kulkarni,Adv.Mr. M. Gireesh Kumar,Adv.For Mr. Ankur S. Kulkarni,Adv.Mr. Ankur Saigal,Adv.Mr. Mahesh Agarwal,Adv.Mr. Rishi Agrawala,Adv.Mr. Vikrant Pachnand,Adv.For Mr. E.C. Agrawala,Adv.For M/s. Temple Law Firm,Adv.Ms. Garima Prashad,Adv.Mr. S.R. Singh,Sr.Adv.Mr. Avnish Singh,Adv.Mr. Rajesh Srivastava,Adv.For Ms. Asha Gopalan Nair,Adv.Mr. Shishir Deshpande,Adv. 14 Mr. S. S. Ray, Adv. Ms. Rakhi Ray,Adv. Mr. Atul Babasaheb Dakh,Adv. Ms. Rashmi Singh,Adv. Mr. Santosh Krishnan,Adv. Mr. Vineet Bhagat,Adv. Ms. Anindita Saha, Adv.
Mr. Ajay Kumar Singh,Adv. Mr. Satpal Singh,Adv.For Respondent(s) Mr. Tushar Mehta, ASG Mr. B.B. Sawhney,Sr.Adv. Ms. Sunita Sharma,Adv. Mr. R.K. Rana,Adv. Mr. Triloki Nath Razdan,Adv. For Ms. Sushma Suri,Adv. Mr. Shekhar Naphade,Sr.Adv. Mr. Vinay Navare,Adv. Mr. Satyajeet Kumar, Adv. Mr. Keshav Ranjan,Adv. Ms. Gwan K.B., Adv. Ms. Abha R. Sharma,Adv. Mr. Kanika Baweja, Adv. Mr. Ashwani Srivastava, Adv. Mr. Krishan Kumar, Adv. Mr. Ashish Wad,Adv. For M/s. J.S. Wad & Co. Mr. Chinmoy Khaladkar,Adv. Mr. Preshit Surshe,Adv. Mr. Arjun Krishnan,Adv. Mr. Manish Pitale,Adv. Mr. Wasi Haider,Adv. For Mr. C.S. Asri,Adv. Mr. Jaideep Gupta,Sr.Adv. Mr. Kuldeep S. Parihar,Adv. Mr. H.S. Parihar,Adv. Mr. Uday B. Dube,Adv. Mr. Shankar Chillarge,AAG 15for Mr. Aniruddha P. Mayee,Adv.Mr. Ashok K. Mahajan,Adv.Mr. Pratap Venugopal, Adv.Ms. Supriya Jain,Adv.For M/s. K.J. John & Co.Mr. Niraj Sharma,Adv.Mr. M.T. George,Adv.Mr. Chinmoy Khaladkar,Adv.Ms. Neha Sharma,Adv.Mr. Deeptakirti Verma,Adv.Mr. Atul Yeshwant Chitale,Sr.Adv.Mr. Shreekant N. Terdal,Adv.Ms. Praveena Gautam,Adv.Mr. Deepak Tyagi, Adv.Ms. P. Gupta, Adv.Mr. P.I. Jose,Adv.Mr. A.K. Prasad,Adv.Mr. Vishwanath Bahuguna,Adv.Mr. Shivaji M. Jadhav,Adv.
Mr. C.K. Sasi,Adv.Mr. Yash Pal Dhingra,Adv.Mr. Tapesh Kumar Singh,Adv.Mr. Rajani K. Prasad,Adv.Mr. Bankey Bihari Sharma, Adv.For Ms. N. Annapoorani,Adv.Mr. Yadunandan Bansal,Adv.Mr. Abhijat P. Medh,Adv.Mr. Anil Kumar Mishra,Adv.Mr. Shyam Divan,Sr.Adv.Mr. Arjun Krishnan,Adv.Mr. Ashish Tiwari,Adv.Mr. D.M. Nargolkar,Adv. 16Mr. Piyush Sharma,Adv.Mr. D. Bharat Kumar,Adv.Mr. Joydip Roy, Adv.Mr. Sayooj Mohandal M.,Adv.Mr. T. Bhaskar Gowtham,Adv.For Mr. Abhijit Sengupta,Adv.Mr. S. Aravindh,Adv.Ms. Kanchan,Adv.For Mr. Senthil Jagadeesan,Adv.Mr. B. Subrahmanya Prasad,Adv.Mr. Subramonium Prasad,Adv.Mr. V.N. Raghupathy,Adv.Mr. Rajeev K. Panday,Adv.Mr. Rajeev Maheshwaranand Roy,Adv.Mr. Siddhesh Kotwal, Adv.Mr. Annirudh Sharma, Adv.Ms. Shreya Bhatnagar, Adv.For Mr. Nirnimesh Dube,Adv.Mr. Pravin Satale,Adv.Mr. Rajiv Shankar Dvivedi,Adv.Mr. Ravindra Keshavrao Adsure,Adv.Mr. Prashant Dahat,Adv.Mr. Siddeshwar Birdar,Adv.Mr. Sumit Pachkhande,Adv.Mr. Sanjay Kharde,Adv.Mr. Amol Nirmalkumar Suryawanshi,Adv.Ms. Hemantika Wahi,Adv.Mr. S.N. Bhat,Adv.Ms. Anuradha Mutatkar,Adv.For M/s. S.M. Jadhav & Company,Advs.Mr. Sudhanshu S. Choudhari,Adv.
Mr. Debmalya Banerjee,Adv.Mr. Dilpreet Singh,Adv.Mr. Jasmeet Singh,Adv. 17 Mr. Avijit Saxena,Adv. Ms. Jaimeet Kaur,Adv. For M/s. Karanjawala & Co.,Advs. Mr. M.P. Vinod,Adv. Mr. Rajesh Mahale,Adv. Mr. Shekhar Naphade,Sr.Adv. Mr. Krishan Kumar,Adv. Mr. K. Rajeev,Adv. Mr. Mohit Kr. Shah,Adv. For M/s. Dua Associates,Adv. Ms. A. Sumathi,Adv. Mr. M.Y. Deshmukh,Adv. Ms. Sonal Jain,Adv. Mr. Rajiv M. Brahma,Adv. Mr. Sachin Patil,Adv. For Mr. Shriram P. Pingle,Adv. Ms. Bharti Tyagi,Adv. Mr. Anil K. Sangal,Adv. Mr. Siddharth Sangal,Adv. Mr. D.P. Mohanty,Adv. UPON hearing the counsel the Court made the following O R D E R Mr. A. K. Sinha, learned senior counsel appearingfor the appellants, started his arguments at 10.45 AM andconcluded at 12.15 PM. Thereafter, Mr. Mathews J.Nedumpara, learned counsel appearing for the respondents,started his arguments and was on his legs when the Courtrose for the day. The matters remained part heard. List all the matters on 03.02.2015 at 10.30 AM asPart Heard (for whole day). 18 Ad-interim relief, granted in W.P.(C) 929 of 2014 on05.11.2014, shall continue till 20.02.2015.I.A.No. 2 in W.P. (C) 737 of 2014, I.A.No. 2 in W.P. (C)738 of 2014, I.A.No. 2 in W.P. (C) 739 of 2014, I.A.No. 2in W.P. (C) 740 of 2014 List on 05.02.2015 at 10.30 AM. (Jayant Kumar Arora) (Sneh Bala Mehra) Sr. P.A. Assistant Registrar
\222 1 ITEM NO.101(PH) COURT NO.3 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No.5674/2009 PANDURANG GANPATI CHAUGULE Appellant(s) VERSUS VISHWASRAO PATIL MURGUD SAHAKARI BANK L. Respondent(s) (With interim relief and office report) WITH C.A. No. 5675/2009 (With Interim Relief and Office Report) C.A. No. 5681/2009 (With Office Report) C.A. No. 5682/2009 (With Interim Relief and Office Report) C.A. No. 5683/2009 (With Interim Relief and Office Report) C.A. No. 5684/2009 (With Interim Relief) SLP(C) No. 25929/2009 (With Interim Relief and Office Report) SLP(C) No. 25930/2009 (With Interim Relief and Office Report) W.P.(C) No. 318/2010 (With appln.(s) for stay and Office Report) C.A. No. 1468/2010 (With Office Report) C.A. No. 4391/2010 (With Office Report) C.A. No. 7410/2010Signature Not Verified SLP(C) No. 24309/2010Digitally signed byJayant Kumar AroraDate: 2015.01.3012:02:46 ISTReason: SLP(C) No. 29859/2010 2(With Interim Relief and Office Report) W.P.(C) No. 40/2011(With appln.(s) for stay and Office Report)
W.P.(C) No. 41/2011(With appln.(s) for stay and Office Report) W.P.(C) No. 61/2011(With appln.(s) for stay, directions and for permission to filecounter affidavit and Office Report) W.P.(C) No. 220/2011(With appln.(s) for stay and Office Report) W.P.(C) No. 269/2011(With appln.(s) for stay and vacating stay and Office Report) W.P.(C) No. 293/2011(With appln.(s) for stay and Office Report) W.P.(C) No. 306/2011(With appln.(s) for stay and Office Report) W.P.(C) No. 308/2011(With appln.(s) for stay and Office Report) W.P.(C) No. 338/2011(With appln.(s) for stay and Office Report) W.P.(C) No. 367/2011(With appln.(s) for directions, interim directions and impleadmentand Office Report) W.P.(C) No. 375/2011(With appln.(s) for stay and Office Report) W.P.(C) No. 378/2011(With appln.(s) for stay and Office Report) W.P.(C) No. 411/2011(With appln.(s) for stay and Office Report) W.P.(C) No. 484/2011(With appln.(s) for stay and vacating interim order and OfficeReport) W.P.(C) No. 529/2011 3(With appln.(s) for stay and vacating interim order and OfficeReport) W.P.(C) No. 531/2011(With appln.(s) for vacating interim order and stay and OfficeReport) C.A. No. 2440/2011(With Office Report) SLP(C) No. 7295-7298/2011(With Office Report) SLP(C) No. 21260/2011(With Interim Relief and Office Report) SLP(C) No. 22304-22305/2011(With Office Report) SLP(C) No. 24479-24480/2011(With Interim Relief and Office Report) W.P.(C) No. 5/2012
(With appln.(s) for stay and Office Report) W.P.(C) No. 48/2012(With appln.(s) for amendment of the petition and stay and OfficeReport) W.P.(C) No. 97/2012(With appln.(s) for stay and Office Report) W.P.(C) No. 103/2012(With appln.(s) for stay and Office Report) W.P.(C) No. 111/2012(With appln.(s) for vacating interim order and stay and OfficeReport) W.P.(C) No. 122/2012(With appln.(s) for stay and Office Report) W.P.(C) No. 123/2012(With appln.(s) for stay and Office Report) W.P.(C) No. 199/2012(With appln.(s) for stay and Office Report) W.P.(C) No. 248/2012(With appln.(s) for stay and vacating interim order and Office 4Report) W.P.(C) No. 249/2012(With appln.(s) for stay and Office Report) W.P.(C) No. 250/2012(With appln.(s) for stay and Office Report) W.P.(C) No. 291/2012(With appln.(s) for ex-parte stay and Office Report) W.P.(C) No. 293/2012(With appln.(s) for ex-parte stay and Office Report) W.P.(C) No. 369/2012(With appln.(s) for stay and Office Report) W.P.(C) No. 371/2012(With appln.(s) for ex-parte stay and Office Report) W.P.(C) No. 386/2012(With appln.(s) for stay and Office Report) W.P.(C) No. 460/2012(With appln.(s) for stay and Office Report) W.P.(C) No. 461/2012(With appln.(s) for stay and Office Report) W.P.(C) No. 487/2012(With appln.(s) for stay and Office Report) W.P.(C) No. 490/2012(With appln.(s) for stay and vacating stay and Office Report) W.P.(C) No. 521/2012(With appln.(s) for vacating stay and stay and Office Report) W.P.(C) No. 537/2012
(With appln.(s) for stay and permission to file additionaldocuments and Office Report) W.P.(C) No. 554/2012(With appln.(s) for stay and Office Report) SLP(C) Nos. 18732-18733/2012(With Interim Relief and Office Report) 5 SLP(C) No. 24276/2012(With Interim Relief and Office Report) SLP(C) No. 30568/2012(With Interim Relief and Office Report) W.P.(C) No. 6/2013(With appln.(s) for vacating stay and stay and Office Report) W.P.(C) No. 7/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 36/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 37/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 51/2013(With appln.(s) for stay and clarification of Court's order andOffice Report) W.P.(C) No. 52/2013(With appln.(s) for stay and clarification of Court's order andOffice Report) W.P.(C) No. 58/2013(With appln.(s) for stay and clarification of Court's order andOffice Report) W.P.(C) No. 111/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 112/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 138/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 146/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 151/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 175/2013(With appln.(s) for stay and Office Report) 6 W.P.(C) No. 179/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 181/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 191/2013(With appln.(s) for stay and vacation of ex-parte stay andOffice Report)
W.P.(C) No. 192/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 201/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 233/2013(With appln.(s) for stay and substitution of respondent andOffice Report) W.P.(C) No. 236/2013(With appln.(s) for stay and substitution of respondent andOffice Report) W.P.(C) No. 238/2013(With appln.(s) for stay and substitution of respondent andOffice Report) W.P.(C) No. 248/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 250/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 253/2013(With appln.(s) for stay and appln.(s) for vacating stay and OfficeReport) W.P.(C) No. 264/2013(With appln.(s) for stay and impleadment and Office Report) W.P.(C) No. 265/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 266/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 270/2013(With appln.(s) for stay and Office Report) 7 W.P.(C) No. 271/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 279/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 280/2013(With Office Report) W.P.(C) No. 284/2013(With appln.(s) for stay and impleadment and Office Report) W.P.(C) No. 285/2013(With appln.(s) for stay and vacating interim order and Office Report) CONMT.PET.(C) No. 320/2013 In SLP(C) No. 15507/2013 W.P.(C) No. 353/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 452/2013(With appln.(s) for stay and Office Report)
W.P.(C) No. 469/2013(With Office Report) W.P.(C) No. 588/2013(With appln.(s) for stay, impleadment and impleadment asparty respondent and Office Report) W.P.(C) No. 753/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 758/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 761/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 762/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 800/2013(With appln.(s) for directions and Office Report) W.P.(C) No. 819/2013(With appln.(s) for stay and Office Report) 8 W.P.(C) No. 868/2013(With appln.(s) for interim directions and directions) W.P.(C) No. 877/2013(With appln.(s) for directions and Office Report) W.P.(C) No. 922/2013(With appln.(s) for directions and Office Report) W.P.(C) No. 1007/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 1037/2013(With appln.(s) for directions and stay and Office Report) W.P.(C) No. 1043/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 1044/2013(With appln.(s) for stay and Office Report) W.P.(C) No. 1045/2013(With appln.(s) for stay and Office Report) SLP(C) No. 12916/2013(With Interim Relief and Office Report) SLP(C) No. 13100/2013(With Interim Relief and Office Report) SLP(C) No. 15507/2013(With Office Report) SLP(C) No. 15634-15635/2013(With Office Report) SLP(C) No. 17054/2013(With Interim Relief and Office Report) SLP(C) No. 18775/2013(With Interim Relief and Office Report)
SLP(C) No. 18777/2013(With Interim Relief and Office Report) SLP(C) No. 25126/2013(With Interim Relief) 9 SLP(C) No. 29720/2013(With Office Report) SLP(C) No. 29721/2013(With Office Report) SLP(C) No. 35137/2013(With Interim Relief and Office Report) W.P.(C) No. 5/2014(With appln.(s) for stay and Office Report) W.P.(C) No. 10/2014(With appln.(s) for stay and Office Report) W.P.(C) No. 33/2014(With appln.(s) for stay and appln.(s) for impleadment and appln.(s) for impleadment and Office Report) W.P.(C) No. 40/2014(With appln.(s) for directions and Office Report) W.P.(C) No. 120/2014(With appln.(s) for stay, impleadment and vacating interimrelief and Office Report) W.P.(C) No. 142/2014(With appln.(s) for ex-parte stay and Office Report) W.P.(C) No. 168/2014(With appln.(s) for vacating stay and stay and Office Report) W.P.(C) No. 169/2014(With appln.(s) for vacating stay and stay and Office Report) W.P.(C) No. 208/2014(With appln.(s) for stay and Office Report) W.P.(C) No. 240/2014(With appln.(s) for stay and Office Report) W.P.(C) No. 272/2014(With appln.(s) for ex-parte stay and Office Report) W.P.(C) No. 352/2014(With appln.(s) for stay and Office Report) W.P.(C) No. 408/2014(With appln.(s) for stay and Office Report) 10 W.P.(C) No. 417/2014(With appln.(s) for stay and Office Report) W.P.(C) No. 420/2014(With appln.(s) for stay and Office Report) W.P.(C) No. 421/2014(With appln.(s) for stay and Office Report) W.P.(C) No. 492/2014
(With appln.(s) for stay and Office Report) W.P.(C) No. 712/2014(With appln.(s) for stay and Office Report) W.P.(C) No. 714/2014(With appln.(s) for stay) W.P.(C) No. 737/2014(With appln.(s) for stay and Office Report) W.P.(C) No. 738/2014(With appln.(s) for stay and ex-parte stay and Office Report) W.P.(C) No. 739/2014(With appln.(s) for stay and ex-parte stay and Office Report) W.P.(C) No. 740/2014(With appln.(s) for stay and ex-parte stay and Office Report) W.P.(C) No. 754/2014(With appln.(s) for stay and Office Report) W.P.(C) No. 756/2014(With appln.(s) for stay and Office Report) W.P.(C) No. 779/2014(With appln.(s) for stay and exemption from filing O.T. and OfficeReport) S.L.P.(C)..........CC No. 7586/2014(With appln.(s) for c/delay in filing SLP and Office Report) W.P.(C) No. 795/2014(With appln.(s) for stay and Office Report) W.P.(C) No. 849/2014(With appln.(s) for ex-parte stay and Office Report) 11 W.P.(C) No. 838/2014(With appln.(s) for stay and Office Report) W.P.(C) No. 827/2014(With appln.(s) for ex-parte stay and Office Report) W.P.(C) No. 929/2014(With appln.(s) for interim relief and Office Report) SLP(C) No. 32589/2014(With Office Report)Date : 29/01/2015 These matters were called on for hearing today.CORAM : HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE KURIAN JOSEPHFor Appellant(s) Mr. V. Giri, Sr. Adv. Mr. V.K. Biju,Adv. Mr. M. Khairati,Adv. Mr. Irshad Ahmad,Adv. Mr. Gaurav Agarwal,Adv. Mr. Devansh A. Mohta,Adv. Mr. Shishir Deshpande,Adv. Mr. Amit Yadav,Adv. For Ms. Sujata Kurdukar,Adv.
Mr. Nikhil Nayyar,Adv. Ms. Anagha S. Desai,Adv. Mr. Sunil Kumar Verma,Adv. Ms. Chandan Ramamurthi,Adv. Mr. Ajit Kr. Sinha,Sr.Adv. Mr. Abhishek Prasad,Adv. Mr. Ashok Mathur,Adv. Mr. R. Sudhinder,Adv. Mr. T. N. Singh, Adv. Mr. Randhir Kumar, Adv. For Mr. Rameshwar Prasad Goyal, Adv. Mr. Jayant Kumar Mehta,Adv. Mr. Renjith B. Marar,Adv. Mr. Lakshmi N. Kaimal,Adv. 12For Mr. K.L. Taneja,Adv.Mr. Pradhuman Gohil,Adv.Mr. Vikash Singh,Adv.Ms. Charu Mathur,Adv.Mr. Chirag M. Shroff,Adv.Mr. Satpal Singh,Adv.Mr. Vijay Kumar,Adv.Mr. Mathews J. Nedumpara,Adv.Mr. S. Sadasiva Reddy,Adv.Ms. Rohini Amin,Adv.For Ms. S. Usha Reddy,Adv.Mr. P.K. Manohar,Adv.Mr. Jayanth Muth Raj,Adv.Ms. Malavika J.Adv.Mr. Sureshan P.,Adv.Mr. Vishwajit Singh,Adv.Mr. H. Chandra Sekhar,Adv.Mr. Nikhil Goel,Adv.Mr. Marsook Bafaki, Adv.Mr. A. Venayagam Balan, Adv.Mr. Jatin Zaveri,Adv.Mr. Bankey Bihari Sharma,Adv.Mr. Jay Savla,Adv.Mr. S.W.A. Qadri,Adv.Mr. Tamim Qadri,Adv.For Mr. Lakshmi Raman Singh,Adv.Mr. Sarad Kumar Singhania,Adv.Mr. Harish Pandey,Adv.Mr. N.D.B. Raju,Adv.
Ms. Bharathi R.,Adv.Mr. N. Ganpathy,Adv.Mr. S. Ravi Shankar,Adv. 13Mr. Amar Dave, Adv.Mr. P.S. Sudheer,Adv.Mr. Rishi Maheshwari, Adv.Ms. Anne Mathew, Adv.Mr. Raj Kumar Kaushik, Adv.Mr. Amol Chitale, Adv.Ms. Pragya Baghel,Adv.Mr. Garvesh Kabra,Adv.Ms. Neera Gokhale, Adv.Ms. Kamakshi S. Mehlwal,Adv.Mr. Santosh Paul,Adv.Mr. Debopriyo Pal,Adv.Mr. Arvind Gupta,Adv.Ms. Savita Singh,Adv.Mr. Harish Pandey,Adv.Mr. M.J. Paul,Adv.Mr. Rabin Majumder,Adv.Mr. Anirudh Sanganeria,Adv.Mr. Mukul Kumar,Adv.Mr. Sanjay Jain,Adv.Mr. S.K. Kulkarni,Adv.Mr. M. Gireesh Kumar,Adv.For Mr. Ankur S. Kulkarni,Adv.Mr. Ankur Saigal,Adv.Mr. Mahesh Agarwal,Adv.Mr. Rishi Agrawala,Adv.Mr. Vikrant Pachnand,Adv.For Mr. E.C. Agrawala,Adv.For M/s. Temple Law Firm,Adv.Ms. Garima Prashad,Adv.Mr. S.R. Singh,Sr.Adv.Mr. Avnish Singh,Adv.Mr. Rajesh Srivastava,Adv.For Ms. Asha Gopalan Nair,Adv.Mr. Shishir Deshpande,Adv. 14 Mr. S. S. Ray, Adv. Ms. Rakhi Ray,Adv. Mr. Atul Babasaheb Dakh,Adv. Ms. Rashmi Singh,Adv. Mr. Santosh Krishnan,Adv. Mr. Vineet Bhagat,Adv. Ms. Anindita Saha, Adv.
Mr. Ajay Kumar Singh,Adv. Mr. Satpal Singh,Adv.For Respondent(s) Mr. Tushar Mehta, ASG Mr. B.B. Sawhney,Sr.Adv. Ms. Sunita Sharma,Adv. Mr. R.K. Rana,Adv. Mr. Triloki Nath Razdan,Adv. For Ms. Sushma Suri,Adv. Mr. Shekhar Naphade,Sr.Adv. Mr. Vinay Navare,Adv. Mr. Satyajeet Kumar, Adv. Mr. Keshav Ranjan,Adv. Ms. Gwan K.B., Adv. Ms. Abha R. Sharma,Adv. Mr. Kanika Baweja, Adv. Mr. Ashwani Srivastava, Adv. Mr. Krishan Kumar, Adv. Mr. Ashish Wad,Adv. For M/s. J.S. Wad & Co. Mr. Chinmoy Khaladkar,Adv. Mr. Preshit Surshe,Adv. Mr. Arjun Krishnan,Adv. Mr. Manish Pitale,Adv. Mr. Wasi Haider,Adv. For Mr. C.S. Asri,Adv. Mr. Jaideep Gupta,Sr.Adv. Mr. Kuldeep S. Parihar,Adv. Mr. H.S. Parihar,Adv. Mr. Uday B. Dube,Adv. Mr. Shankar Chillarge,AAG 15for Mr. Aniruddha P. Mayee,Adv.Mr. Ashok K. Mahajan,Adv.Mr. Pratap Venugopal, Adv.Ms. Supriya Jain,Adv.For M/s. K.J. John & Co.Mr. Niraj Sharma,Adv.Mr. M.T. George,Adv.Mr. Chinmoy Khaladkar,Adv.Ms. Neha Sharma,Adv.Mr. Deeptakirti Verma,Adv.Mr. Atul Yeshwant Chitale,Sr.Adv.Mr. Shreekant N. Terdal,Adv.Ms. Praveena Gautam,Adv.Mr. Deepak Tyagi, Adv.Ms. P. Gupta, Adv.Mr. P.I. Jose,Adv.Mr. A.K. Prasad,Adv.Mr. Vishwanath Bahuguna,Adv.Mr. Shivaji M. Jadhav,Adv.
Mr. C.K. Sasi,Adv.Mr. Yash Pal Dhingra,Adv.Mr. Tapesh Kumar Singh,Adv.Mr. Rajani K. Prasad,Adv.Mr. Bankey Bihari Sharma, Adv.For Ms. N. Annapoorani,Adv.Mr. Yadunandan Bansal,Adv.Mr. Abhijat P. Medh,Adv.Mr. Anil Kumar Mishra,Adv.Mr. Shyam Divan,Sr.Adv.Mr. Arjun Krishnan,Adv.Mr. Ashish Tiwari,Adv.Mr. D.M. Nargolkar,Adv. 16Mr. Piyush Sharma,Adv.Mr. D. Bharat Kumar,Adv.Mr. Joydip Roy, Adv.Mr. Sayooj Mohandal M.,Adv.Mr. T. Bhaskar Gowtham,Adv.For Mr. Abhijit Sengupta,Adv.Mr. S. Aravindh,Adv.Ms. Kanchan,Adv.For Mr. Senthil Jagadeesan,Adv.Mr. B. Subrahmanya Prasad,Adv.Mr. Subramonium Prasad,Adv.Mr. V.N. Raghupathy,Adv.Mr. Rajeev K. Panday,Adv.Mr. Rajeev Maheshwaranand Roy,Adv.Mr. Siddhesh Kotwal, Adv.Mr. Annirudh Sharma, Adv.Ms. Shreya Bhatnagar, Adv.For Mr. Nirnimesh Dube,Adv.Mr. Pravin Satale,Adv.Mr. Rajiv Shankar Dvivedi,Adv.Mr. Ravindra Keshavrao Adsure,Adv.Mr. Prashant Dahat,Adv.Mr. Siddeshwar Birdar,Adv.Mr. Sumit Pachkhande,Adv.Mr. Sanjay Kharde,Adv.Mr. Amol Nirmalkumar Suryawanshi,Adv.Ms. Hemantika Wahi,Adv.Mr. S.N. Bhat,Adv.Ms. Anuradha Mutatkar,Adv.For M/s. S.M. Jadhav & Company,Advs.Mr. Sudhanshu S. Choudhari,Adv.
Mr. Debmalya Banerjee,Adv.Mr. Dilpreet Singh,Adv.Mr. Jasmeet Singh,Adv. 17 Mr. Avijit Saxena,Adv. Ms. Jaimeet Kaur,Adv. For M/s. Karanjawala & Co.,Advs. Mr. M.P. Vinod,Adv. Mr. Rajesh Mahale,Adv. Mr. Shekhar Naphade,Sr.Adv. Mr. Krishan Kumar,Adv. Mr. K. Rajeev,Adv. Mr. Mohit Kr. Shah,Adv. For M/s. Dua Associates,Adv. Ms. A. Sumathi,Adv. Mr. M.Y. Deshmukh,Adv. Ms. Sonal Jain,Adv. Mr. Rajiv M. Brahma,Adv. Mr. Sachin Patil,Adv. For Mr. Shriram P. Pingle,Adv. Ms. Bharti Tyagi,Adv. Mr. Anil K. Sangal,Adv. Mr. Siddharth Sangal,Adv. Mr. D.P. Mohanty,Adv. UPON hearing the counsel the Court made the following O R D E R Mr. A. K. Sinha, learned senior counsel appearingfor the appellants, started his arguments at 10.45 AM andconcluded at 12.15 PM. Thereafter, Mr. Mathews J.Nedumpara, learned counsel appearing for the respondents,started his arguments and was on his legs when the Courtrose for the day. The matters remained part heard. List all the matters on 03.02.2015 at 10.30 AM asPart Heard (for whole day). 18 Ad-interim relief, granted in W.P.(C) 929 of 2014 on05.11.2014, shall continue till 20.02.2015.I.A.No. 2 in W.P. (C) 737 of 2014, I.A.No. 2 in W.P. (C)738 of 2014, I.A.No. 2 in W.P. (C) 739 of 2014, I.A.No. 2in W.P. (C) 740 of 2014 List on 05.02.2015 at 10.30 AM. (Jayant Kumar Arora) (Sneh Bala Mehra) Sr. P.A. Assistant Registrar
SECTION – IX IN THE SUPREME COURT OF INDIA CIVIL APPEALATTE JURISDICTION CIVIL APPEAL NOS. 5681, 5682, 5683, 5685, 5674, 5675, 5684 AND 5686 OF 2009 WITH INTERLOCUTORY APPLICATION NO.3 IN CIVIL APPEAL NO. 5683 OF 2009 (Application for vacating interim relief filed by Mr. Sudhanshu S. Choudhari, Advocate for respondent No.2) WITH INTERLOCUTORY APPLICATION NO.2 IN CIVIL APPEAL NO. 5685 OF 2009 (Application for vacating interim relief filed by Mr. Sudhanshu S. Choudhari, Advocate for respondent No.3) AISHWARYA INDUSTRIES & ANR. ...APPELLANTS VERSUS JALGAON MERCHANT SAHAKARI BANK LTD. ...RESPONDENT OFFICE REPORT The Main matter i.e. Civil Appeal No. 5680 of 2009 alongwith connected matters were listed before the Hon'ble Court on 12 th February, 2014, when the Court interalia passed the following Order: “ Civil Appeal No. 5680 of 2009 Learned counsel for the appellant submits that the disputes between the parties have been amicably settled and therefore he has instructions to make a prayer for withdrawal of the appeal. Learned counsel appearing for the applicant in I.A. Nos. 7 & 8 seeking intervention, has also made a request for withdrawal of these I.As. Accordingly, the civil appeal and I.A.Nos. 7 & 8 stand dismissed as withdrawn. IN REST OF THE MATTERS At the request made by learned counsel appearing for the Indian Banks Association, Reserve Bank of India and Union of India, it is made clear that though we have permitted Civil Appeal No. 5680 of 2009 to be withdrawn, the withdrawal of this civil appeal will not prevent the Indian Banks Association from intervening in the other connected matters. As and when the other connected matters are taken up for hearing, the Indian Banks Association will be heard as an intervenor. It is also made clear that all the pleadings in the aforesaid Civil Appeal No. 5680 of 2009 shall form part of record in other connected matters and all the counsel appearing in those connected matters are at liberty to make reference to those pleadings in their respective cases. List all these cases on Wednesday, the 19 th February, 2014 along with the record of Civil Appeal No. 5680 of 2009. ” ...2/
2 It is submitted for the information of the Hon'ble Court that the service position of the appeals abovementioned are as follows : CIVIL APPEAL NO. 5681 OF 2009 It is submitted that the sole respondent is represented by Mr. Uday B. Dube , Advocate. It is further submitted that counsel for respondent has filed a letter stating therein that the sole proprietor of the appellant No.1 i.e. Aishwarya Industries is dead and also served its copy on the counsel for the appellant but counsel for appellant has not taken any steps in this regard. Service is complete. Counsel for appellant has filed statement of case. CIVIL APPEAL NO. 5682 OF 2009 It is submitted that the sole respondent has been served with the notice at SLP stage by way of dasti service by Ms. A.S. Desai, Advocate for the appellant but no one has filed vakalatnama/appearance on behalf of the respondent so far. Service is complete. Counsel for appellant has not filed statement of case. CIVIL APPEAL NO. 5683 OF 2009 It is submitted that there are two respondents. Respondent No.1 is represented by Mr. A.P. Mayee, Advocate and respondent No. 2 is represented through Mr. Sudhanshu S. Choudhari, Advocate. Service is complete. Counsel for both the parties have not filed statement of case. CIVIL APPEAL NO. 5685 OF 2009 It is submitted that there are three respondents. Respondent No.3 is represented by Mr. Sudhanshu S. Choudhari, Advocate. Respondent Nos. 1 and 2 have been served with notice of lodgment of petition of appeal through the High Court of Bombay, Aurangabad Bench but no one has filed vakalatnama/appearance on the behalf of the respondents so far. Service is complete. Counsel for both the parties have not filed statement of case. ...3/
3 CIVIL APPEAL NO. 5674 OF 2009 It is submitted that the sole respondent is represented by Ms. Abha R. Sharma , Advocate. Service is complete. Counsel for both the parties have not filed statement of case. CIVIL APPEAL NO. 5675 OF 2009 It is submitted that there are three respondents. Respondent Nos. 1, 2 and 3 are represented through Ms. Sushma Suri , Mr. C.S. Ashri and Mr. H.S. Parihar, Advocates respectively. Service is complete. Counsel for both the parties have not filed statement of case. CIVIL APPEAL NO. 5684 OF 2009 It is submitted that there are four respondents. Respondent No. 1 is represented by Mr. Rameshwar Prasad Goyal, Advocate and service of notice in respect of respondent Nos. 2 to 4 is dispensed with vide this Court's Order dated 09 th January, 2009. Service is complete. Counsel for both the parties have not filed statement of case. CIVIL APPEAL NO. 5686 OF 2009 It is submitted that there are three respondents. Respondent No. 3 is represented by Mr. H.S. Parihar, Advocate. Respondent Nos. 1 and 2 are served through High Court but no one has filed vakalatnama/appearance on their behalf so far. Service is complete. Counsel for both the parties have not filed statement of case. The matters above mentioned are listed before the Hon'ble Court with this Office report. Dated, this the 19 th day of January, 2015. ASSISTANT REGISTRAR Copy to: Ms. A.S. Desai, Advocate Mr. Sudhanshu S. Choudhari, Advocate Mr. H.S. Parihar, Advocate Mr. A.P. Mayee, Advocate Ms. Abha R. Sharma , Advocate Mr. Rameshwar Prasad Goyal, Advocate ...4/
4 Mr. Uday B. Dube, Advocate Mr. N.R. Rao, Advocate Mr. Gaurav Agrawal, Advocate Mr. Nikhil Nayyar, Advocate Mr. C.S. Ashri, Advocate Ms. Sushma Suri, Advocate Mr. Sunil Kumar Verma, Advocate Mr. Chandana Ramamurthi, Advocate Mr. Vimal Chandra S. Dave, Advocate ASSISTANT REGISTRAR ap
ITEM NO.16 COURT NO.3 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition(s)(Civil) No(s). 1020/2014 SHILPA MUKESH SHAH Petitioner(s) VERSUS UNION OF INDIA AND ORS Respondent(s) (with office report) Date : 19/01/2015 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE SHIVA KIRTI SINGH For Petitioner(s) Mr. Mathews Nedumpalea, Adv. Ms. S. Usha Reddy,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R List the matter on 09.02.2015. (Ashwani Kumar) (Sneh Bala Mehra) COURT MASTER ASSISTANT REGISTRAR
ü ITEM NO.16 COURT NO.3 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition(s)(Civil) No(s). 1020/2014 SHILPA MUKESH SHAH Petitioner(s) VERSUS UNION OF INDIA AND ORS Respondent(s) (with office report) Date : 19/01/2015 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE SHIVA KIRTI SINGH For Petitioner(s) Mr. Mathews Nedumpalea, Adv. Ms. S. Usha Reddy,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R List the matter on 09.02.2015. (Ashwani Kumar) (Sneh Bala Mehra) COURT MASTER ASSISTANT REGISTRARSignature Not VerifiedDigitally signed byNeeta SapraDate: 2015.01.2216:55:24 ISTReason:
ITEM NO.37 COURT NO.9 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 32589/2014 (Arising out of impugned final judgment and order dated 26/09/2014 in CWP No. 7151/2014 passed by the High Court Of H.P At Shimla) M/S DEV MEMORIAL EDU. TRUST AND ANR Petitioner(s) VERSUS UNION OF INDA AND ORS Respondent(s) (With appln. (s) for exemption from filing O.T.) Date : 12/12/2014 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE RANJAN GOGOI HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN For Petitioner(s) Mr. Ajay Kumar Singh,Adv. Mr. Vishal Balecha,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Exemption from filing O.T. is allowed. Issue notice. Both parties are directed to maintain status quo prevailing as on date. Tag with C.A.. No. 5674 of 2009 etc. (MADHU BALA) (ASHA SONI) COURT MASTER COURT MASTER
ITEM NO.12 COURT NO.3 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition (C) No.1020/2014 SHILPA MUKESH SHAH Petitioner(s) VERSUS UNION OF INDIA AND ORS Respondent(s) (With appln.(s) for directions and office report) Date : 12/12/2014 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE KURIAN JOSEPH For Petitioner(s) Mr. Sandeep Kumar,Adv. Ms. S. Usha Reddy,Adv.(Not present) For Respondent(s) UPON hearing the counsel the Court made the following O R D E R At the request of the learned counsel appearing for the petitioner, list the matter on 18 th December, 2014. (Sarita Purohit) (Sneh Bala Mehra) Court Master Assistant Registrar
Listed on : 12.12.2014 Before Court No. 9 Item No. 37 SECTION:XIV IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION PETITION FOR SPECIAL LEAVE TO APPEAL (C) No. 32589/2014 M/s Dev Memorial Edu. Trust and Anr. ... Petitioners Versus Union Of India & Ors. ...Respondents OFFICE REPORT The matter above mentioned was listed before the Hon'ble Court on 05.12.2014, when the court was pleased to pass the following order:- “List on next Friday i.e. 12 th December, 2014. ” It is submitted that counsel for the petitioner has on 10.12.2014 filed additional affidavit and the same is being circulated herewith. The matter above mentioned is listed before the Hon'ble Court with this Office Report. DATED THIS THE 11 th DAY OF DECEEMBER, 2014. ASSISTANT REGISTRAR COPY TO: 1. Mr. Ajay Kumar Singh, Adv. Ch. No. ASSISTANT REGISTRAR p-2/Avi
ITEM NO.37 COURT NO.8 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 32589/2014 (Arising out of impugned final judgment and order dated 26/09/2014 in CWP No. 7151/2014 passed by the High Court Of H.p At Shimla) M/S DEV MEMORIAL EDU. TRUST AND ANR Petitioner(s) VERSUS UNION OF INDA AND ORS Respondent(s) (With appln. (s) for exemption from filing O.T.) Date : 05/12/2014 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE RANJAN GOGOI HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN For Petitioner(s) Mr.Vinay Kr.Garg,Sr.Adv. Mrs.Payal Kahra,Adv. Mr.Vishal B.Adv. Ajay Kumar Singh,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R List on next Friday i.e. 12 th December, 2014. (MADHU BALA) (ASHA SONI) COURT MASTER COURT MASTER
( ITEM NO.37 COURT NO.8 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 32589/2014 (Arising out of impugned final judgment and order dated 26/09/2014 in CWP No. 7151/2014 passed by the High Court Of H.p At Shimla) M/S DEV MEMORIAL EDU. TRUST AND ANR Petitioner(s) VERSUS UNION OF INDA AND ORS Respondent(s) (With appln. (s) for exemption from filing O.T.) Date : 05/12/2014 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE RANJAN GOGOI HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN For Petitioner(s) Mr.Vinay Kr.Garg,Sr.Adv. Mrs.Payal Kahra,Adv. Mr.Vishal B.Adv. Ajay Kumar Singh,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R List on next Friday i.e. 12th December, 2014. (MADHU BALA) (ASHA SONI) COURT MASTER COURT MASTERSignature Not VerifiedDigitally signed byMadhu BalaDate: 2014.12.0612:08:04 ISTReason:
ITEM NO.38 REGISTRAR COURT. 2 SECTION XIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR M K HANJURA Petition(s) for Special Leave to Appeal (C) No(s). 12916/2013 PRAVAT BHUSAN KANUNGO Petitioner(s) VERSUS URBAN COOPERATIVE BANK LTD. & ORS. Respondent(s) (with interim relief and office report) Date : 04/12/2014 This petition was called on for hearing today. For Petitioner(s) Mr. Mukul Kumar,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Three weeks time as last chance is given to the Ld.counsel for the petitioner to take fresh steps for the service of notice by usual mode to the unserved respondent Nos. 2 & 3. Dasti in addition is permitted to be served through the Trial Court, the particulars of which shall be furnished by the Ld.counsel for the petitioner within the period stipulated above. List again on 18.02.2015. (M K HANJURA) Registrar SB
¸ ITEM NO.38 REGISTRAR COURT. 2 SECTION XIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR M K HANJURA Petition(s) for Special Leave to Appeal (C) No(s). 12916/2013 PRAVAT BHUSAN KANUNGO Petitioner(s) VERSUS URBAN COOPERATIVE BANK LTD. & ORS. Respondent(s) (with interim relief and office report) Date : 04/12/2014 This petition was called on for hearing today. For Petitioner(s) Mr. Mukul Kumar,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Three weeks time as last chance is given to the Ld.counsel for the petitioner to take fresh steps for the service of notice by usual mode to the unserved respondent Nos. 2 & 3. Dasti in addition is permitted to be served through the Trial Court, the particulars of which shall be furnished by the Ld.counsel for the petitioner within the period stipulated above. List again on 18.02.2015. (M K HANJURA) Registrar SBSignature Not VerifiedDigitally signed bySushma Kumari BajajDate: 2014.12.0612:26:47 ISTReason:
ITEM NO.101(PH) COURT NO.3 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS CIVIL APPEAL NO(S).5674/2009 PANDURANG GANPATI CHAUGULE Appellant(s) VERSUS VISHWASRAO PATIL MURGUD SAHAKARI BANK L. Respondent(s) (With interim relief and office report) WITH C.A.NO.5683/2009 (S.IX) (With interim relief and office report), C.A.NO.5675/2009 (S.IX) (With interim relief and office report), C.A.NO.5681/2009 (S.IX) (With office report), C.A.NO.5682/2009 (S.IX) (With interim relief and office report), C.A.NO.5684/2009 (S.IX) (With interim relief), SLP(C)NO.25930/2009 (S.IX) (With interim relief and office report), SLP(C)NO.25929/2009 (S.IX) (With interim relief and office report), C.A.NO.1468/2010 (S.IV), C.A.NO.4391/2010 (S.XIA) (With office report), SLP(C)NO.24309/2010 (S.IX), C.A.NO.7410/2010 (S.IX), W.P.(C)NO.318/2010 (S.X) (With appln.(s) for stay and office report), SLP(C)NO.29859/2010 (S.IX) (With interim relief and office report), W.P.(C)NO.40/2011 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.41/2011 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.61/2011 (S.X) (With appln.(s) for directions and permission to file counter affidavit and stay and office report), SLP(C)NOS.7295-7298/2011 (S. IVA) (With office report), C.A.NO.2440/2011 (S.IX) (With office report), W.P.(C)NO.220/2011 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.269/2011 (S.X) (With appln.(s) for stay and vacating stay and office report), W.P.(C)NO.293/2011 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.306/2011 (S.X) (With appln.(s) for stay and office report), 1
W.P.(C)NO.308/2011 (S.X) (With appln.(s) for stay and office report), SLP(C)NO.21260/2011 (S.IX) (With interim relief and office report), SLP(C)NOS.22304-22305/2011 (S.IX) (With office report), W.P.(C)NO.338/2011 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.367/2011 (S.X) (With appln.(s) for directions and interim directions and office report), SLP(C)NOS.24479-24480/2011 (S.IX) (With interim relief and office report), W.P.(C)NO.375/2011 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.378/2011 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.411/2011 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.484/2011 (S.X) (With appln.(s) for stay and vacating interim order and office report), W.P.(C)NO.531/2011 (S.X) (With appln.(s) for stay and vacating interim order and office report), W.P.(C)NO.529/2011 (S.X) (With appln.(s) for stay and vacating interim order and office report), W.P.(C)NO.5/2012 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.48/2012 (S.X) (With appln.(s) for stay and amendment of the petition and office report), W.P.(C)NO.97/2012 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.103/2012 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.111/2012 (S.X) (With appln.(s) for stay and vacating interim order and office report), W.P.(C)NO.123/2012 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.122/2012 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.199/2012 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.249/2012 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.250/2012 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.248/2012 (S.X) (With appln.(s) for stay and vacating interim order and office report), SLP(C)NOS.18732-18733/2012 (S.IVA) (With interim relief and office report), 2
W.P.(C)NO.291/2012 (S.X) (With appln.(s) for ex-parte stay and office report), W.P.(C)NO.293/2012 (S.X) (With appln.(s) for ex-parte stay and office report), SLP(C)NO.24276/2012 (S. IVA) (With interim relief and office report), W.P.(C)NO.371/2012 (S.X) (With appln.(s) for ex-parte stay and office report), W.P.(C)NO.369/2012 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.386/2012 (S.X) (With appln.(s) for stay and office report), SLP(C)NO.30568/2012 (S.IX) (With interim relief and office report), W.P.(C)NO.461/2012 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.460/2012(S.X) (With appln.(s) for stay and office report), W.P.(C)NO.487/2012 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.490/2012 (S.X) (With appln.(s) for stay and vacating stay and office report), W.P.(C)NO.521/2012 (S.X) (With appln.(s)for stay and vacating stay and office report), W.P.(C)NO.537/2012 (S.X) (With appln. (s)for stay and permission to file additional documents and office report), W.P.(C)NO.554/2012 (S.X) (With appln. (s) for stay and office report), W.P.(C)NO.6/2013 (S.X) (With appln.(s) for stay and vacating stay and office report), W.P.(C)NO.7/2013 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.37/2013 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.36/2013 (S.X) (With appln. (s) for stay and office report) W.P.(C)NO.52/2013 (S.X) (With appln.(s) for stay and clarification of court's order and office report), W.P.(C)NO.51/2013 (S.X) (With appln.(s) for clarification of court's order and stay and office report), W.P.(C)NO.58/2013 (S.X) (With appln.(s) for stay and clarification of court's order and office report), W.P.(C)NO.112/2013 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.111/2013 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.138/2013 (S.X) (With appln.(s) for stay and office report), 3
W.P.(C)NO.146/2013 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.151/2013 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.175/2013 (S.X) (With appln.(s) for stay and office report), SLP(C)NO.12916/2013 (S.XIA) (With interim relief and office report), W.P.(C)NO.179/2013 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.181/2013 (S.X) (With appln.(s) for stay and office report), SLP(C)NO.13100/2013 (S.IX) (With interim relief and office report), W.P.(C)NO.191/2013 (S.X) (With appln.(s) for stay and vacation of ex-parte stay and office report), W.P.(C)NO.192/2013 (S.X) (With appln.(s) for stay and office report), SLP(C)NOS.15634-15635/2013 (S.IVA) (With office report), W.P.(C)NO.201/2013 (S.X) (With appln.(s) for stay and office report), SLP(C)NO.15507/2013 (S.IX) (With office report), W.P.(C)NO.233/2013 (S.X) (With appln.(s) for stay and substitution of respondent and office report), W.P.(C)NO.236/2013 (S.X) (With appln.(s) for stay and substitution of respondent and office report), W.P.(C)NO.238/2013 (S.X) (With appln.(s) for stay and substitution of respondent and office report), W.P.(C)NO.248/2013 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.253/2013 (S.X) (With appln.(s) for stay and vacating stay and office report), W.P.(C)NO.250/2013 (S.X) (With appln.(s) for stay and office report), SLP(C)NO.17054/2013 (S.IX) (With interim relief and office report), SLP(C)NO.18775/2013 (S.IX) (With interim relief and office report), SLP(C)NO.18777/2013 (S.IX) (With interim relief and office report), W.P.(C)NO.264/2013 (S.X) (With appln. (s) for stay and impleadment and office report) , W.P.(C)NO.270/2013 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.271/2013 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.265/2013 (S.X) (With appln.(s) for stay and office report), 4
W.P.(C)NO.266/2013 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.280/2013 (S.X) (With office report), W.P.(C)NO.279/2013 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.284/2013 (S.X) (With appln.(s) for stay and impleadment and office report), W.P.(C)NO.285/2013 (S.X) (With appln.(s) for stay and vacating interim order and office report), W.P.(C)NO.353/2013 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.452/2013 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.469/2013 (S.X) (With office report), W.P.(C)NO.588/2013 (S.X) (With appln.(s) for stay and impleadment as party respondent and impleadment and office report), SLP(C)NO.25126/2013 (S.IX) (With interim relief), CONMT.PET.(C)NO.320/2013 IN SLP(C)NO.15507/2013 (S.IX) , SLP(C)NO.29721/2013 (S.IX) (With office report), SLP(C)NO.29720/2013 (S.IX) (With office report), W.P.(C)NO.762/2013 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.753/2013 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.758/2013 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.761/2013 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.800/2013 (S.X) (With appln.(s) for directions and office report), W.P.(C)NO.819/2013 (S.X) (With appln.(s) for stay and office report) , W.P.(C)NO.868/2013 (S.X) (With appln.(s) for interim directions and directions), W.P.(C)NO.877/2013 (S.X) (With appln.(s) for directions and office report), W.P.(C)NO.922/2013 (S.X) (With appln.(s) for directions and office report), SLP(C)NO.35137/2013 (S.IX) (With interim relief and office report), W.P.(C)NO.1007/2013 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.1037/2013 (S.X) (With appln.(s) for stay and directions and office report), W.P.(C)NO.1043/2013 (S.X) (With appln.(s) for stay and office report), 5
W.P.(C)NO.1044/2013 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.1045/2013 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.5/2014 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.10/2014 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.33/2014 (S.X) (With appln.(s) for stay and impleadment and office report), W.P.(C)NO.40/2014 (S.X) (With appln.(s) for directions and office report), W.P.(C)NO.120/2014 (S.X) (With appln.(s) for stay and vacating interim relief and office report), W.P.(C)NO.142/2014 (S.X) (With appln.(s) for ex-parte stay and office report), W.P.(C)NO.168/2014 (S.X) (With appln.(s) for stay and vacating stay and office report), W.P.(C)NO.169/2014 (S.X) (With appln.(s) for stay and vacating stay and office report), W.P.(C)NO.208/2014 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.240/2014 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.272/2014 (S.X) (With appln.(s) for ex-parte stay and office report), W.P.(C)NO.352/2014 (S.X) (With appln.(s) for stay and office report), S.L.P.(C)......./2014 CC NO.7586 (S.IVA) (With appln.(s) for c/delay in filing slp and office report), W.P.(C)NO.408/2014 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.417/2014 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.420/2014 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.421/2014 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.492/2014 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.712/2014 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.714/2014 (S.X) (With appln.(s) for stay), W.P.(C)NO.737/2014 (S.X) (With appln.(s)for stay and office report), W.P.(C)NO.738/2014 (S.X) (With appln.(s) for ex-parte stay and stay and office report), 6
W.P.(C)NO.740/2014 (S.X) (With appln.(s) for ex-parte stay and stay and office report), W.P.(C)NO.739/2014 (S.X) (With appln.(s) for ex-parte stay and stay and office report), W.P.(C)NO.754/2014 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.756/2014 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.779/2014 (S.X) (With appln.(s) for stay and exemption from filing o.t. and office report), W.P.(C)NO.795/2014 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.849/2014 (S.X) (With appln.(s) for ex-parte stay and office report), W.P.(C)NO.838/2014 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.827/2014 (S.X) (With appln.(s) for ex-parte stay and office report), W.P.(C)NO.929/2014 (S.X) (With appln.(s) for interim relief and office report) Date : 20/11/2014 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE KURIAN JOSEPH For Appellant(s) Mr. M. Khairati,Adv. Mr. Vaibhav,Adv. Mr. Gaurav Agrawal,Adv. Mr. Devansh A. Mohta,Adv. Mr. Shishir Deshpande,Adv. Ms. Sujata Kurdukar,Adv. Mr. Amit Yadav,Adv. Mr. Shekhar Naphade,Sr.Adv. Mr. Sanjay Kharde,Adv. Ms. Chandan Ramamurthi,Adv. Mr. R. Sudhinder,Adv. Mr. Ashok Mathur,Adv. Mr. Abhishek Prasad,Adv. Mr. Nikhil Goel,Adv. Ms. Naveen Goel,Adv. Mr. Marsook Bafaki,Adv. Mr. A. Venayagam Balan,Adv. 7
Mr. S. Sadasiva Reddy,Adv. Ms. S. Usha Reddy,Adv. Mr. Jayanth Muth Raj,Adv. Ms. Malvika J.,Adv. Mr. Sureshan P.,Adv. Mr. S.K. Kulkarni,Adv. Mr. Ankur S. Kulkarni,Adv. Ms. Shweta S. Parihar,Adv. Mr. S.W.A. Qadri,Adv. Mr. Lakshmi Raman Singh,Adv. Mr. V.K. Biju,Adv. Mr. Ravi Kottan,Adv. Mr. Vineet Bhagat,Adv. Ms. Anindita Saha,Adv. Mr. S.S. Ray,Adv. Ms. Rakhi Ray,Adv. Mr. Vaibhav Gulia,Adv. Mr. Amar Dave,Adv. Mr. P.S. Sudheer,Adv. Mr. Rishi Maheshwari,Adv. Mr. P.S. Sudheer,Adv. Mr. Rishi Maheshwari,Adv. Ms. Anne Mathew,Adv. Mr. Raj Kumar Kaushik,Adv. Mr. N.D.B. Raju,Adv. Ms. Bharthi R.,Adv. Mr. N. Ganpathy,Adv. Mr. Santosh Paul,Adv. Mr. Debopriya Pal,Adv. Mr. Arvind Gupta,Adv. Mr. Harish Pandey,Adv. Mr. S.R. Singh,Sr.Adv. Mr. Sushant K. Yadav,Adv. Ms. Asha Gopalan Nair,Adv. Mr. Anirudh Sanganeria,Adv. Mr. Mukul Kumar,Adv. 8
Mr. Sourabh Kumar,Adv. Mr. Randhir Kumar,Adv. Mr. Rameshwar Prasad Goyal,Adv. Mr. M. Khairati,Adv. Mr. Irshad Ahmad,Adv. Mr. P.K. Manohar,Adv. Mr. Sunil Kumar Verma,Adv. Mr. Nikhil Nayyar,Adv. Ms. Anagha S. Desai,Adv. Mr. Jayant Kumar Mehta,Adv. Mr. K.L. Taneja,Adv. Ms. Charu Mathur,Adv. Mr. Satpal Singh,Adv. Mr. H. Chandra Sekhar,Adv. Mr. Vishwajit Singh,Adv. Mr. Vijay Kumar,Adv. Mr. Chirag M. Shroff,Adv. Mr. Jatin Zaveri,Adv. Mr. Jay Savla,Adv. Mr. Bankey Bihari Sharma,Adv. Mr. Sarad Kumar Singhania,Adv. Mr. S. Ravi Shankar,Adv. Mr. Sanjay Jain,Adv. Ms. Kamakshi S. Mehlwal,Adv. Mr. Garvesh Kabra,Adv. M/s. Temple Law Firm,Adv. Mr. Rabin Majumder,Adv. Ms. Garima Prashad,Adv. Mr. Atul Babasaheb Dakh,Adv. Ms. Rashmi Singh,Adv. Ms. Pragya Baghel,Adv. Mr. E.C. Agrawala,Adv. Mr. Santosh Krishnan,Adv. For Respondent(s) Mr. Shekhar Naphade,Sr.Adv. Mr. Chinmoy Khaladkar,Adv. Mr. Preshit Surshe,Adv. Mr. Arjun Krishnan,Adv. Mr. Shekhar Naphade,Sr.Adv. Ms. Jayashree Wad,Adv. Mr. Ashish Wad,Adv. Mr. Anshuman Srivastava,Adv. For M/s. J.S. Wad & Co.,Advs. 9
Mr. Shekhar Naphade,Sr.Adv. Mr. Vinay Navare,Adv. Ms. Abha R. Sharma,Adv. Mr. Harin P. Raval,Sr.Adv. Mr. Abhijat P. Medh,Adv. Mr. Sachin Patil,Adv. Mr. Sriram P. Pingle,Adv. Mr. M.P. Vinod,Adv. Ms. Neelam Saini,Adv. Mr. Dileep Pillai,Adv. Mr. Sanjay Kharde,Adv. Mr. Amol Nirmalkumar Suryawanshi,Adv. Mr. Shankar Chillarge,AAG Mr. A.P. Mayee,Adv. Mr. Rajeev K. Panday,Adv. Mr. Rajeev Maheshwaranand Roy,Adv. Mr. P.I. Jose,Adv. Mr. Alok K. Prasad,Adv. Mr. C.K. Sasi,Adv. Ms. Sonal Jain,Adv. Ms. Heena Sharma,Adv. Ms. Sunita Sharma,Adv. Mr. D.S. Mahra,Adv. Mr. Anil Kumar Sangal,Adv. Mr. Siddharth Sangal,Adv. Mr. D.P. Mohanty,Adv. Mr. Manish Pitale,Adv. Mr. Wasi Haider,Adv. Mr. C.S. Ashri,Adv. Mr. Kuldeep S. Parihar,Adv. Mr. H.S. Parihar,Adv. Mr. Pravin Satale,Adv. Mr. Rajiv Shankar Dvivedi,Adv. Mr. Santosh Paul,Adv. Mr. Debopriya Pal,Adv. Mr. M.J. Paul,Adv. 10
Mr. S. Aravindh,Adv. Mr. Vimal Pani,Adv. Mr. Senthil Jagadeesan,Adv. Ms. Praveena Gautam,Adv. Mr. Deepak Tyagi,Adv. Ms. Pusshp Gupta,Adv. Ms. Rajani K. Prasad,Adv. Ms. N. Annapoorani,Adv. Mr. Uday B. Dube,Adv. M/s. Coac,Advs. Mr. Niraj Sharma,Adv. Mr. M.T. George,Adv. M/s. K.J. John & Co.,Advs. Mr. Shreekant N. Terdal,Adv. Mr. Shivaji M. Jadhav,Adv. Mr. Yash Pal Dhingra,Adv. Mr. Anil Kumar Mishra,Adv. Mr. D.M. Nargolkar,Adv. Mr. Piyush Sharma,Adv. Mr. Ravindra Keshavrao Adsure,Adv. Mr. B. Subrahmanya Prasad,Adv. Mr. Subramonium Prasad,Adv. Ms. Hemantika Wahi,Adv. Mr. V.N. Raghupathy,Adv. Mr. S.N. Bhat,Adv. Ms. Anuradha Mutatkar,Adv. M/s. S.M. Jadhav & Co.,Advs. Mr. Rajesh Mahale,Adv. Mr. Sudhanshu S. Choudhari,Adv. For M/s. Karanjawala & Co.,Advs. Mr. Tapesh Kumar Singh,Adv. Ms. Sushma Suri,Adv. Mr. Abhijit Sengupta,Adv. Mr. Nirnimesh Dube,Adv. Mr. Deeptakirti Verma,Adv. Mr. Ashok K. Mahajan,Adv. M/s. Dua Associates,Advs. Mr. Mohit Kumar Shara,Adv. Ms. A. Sumathi,Adv. Mr. M.Y. Deshmukh,Adv. Ms. Bharti Tyagi,Adv. 11
UPON hearing the counsel the Court made the following O R D E R List the matters as Part-heard. (Sarita Purohit) (Sneh Bala Mehra) Court Master Assistant Registrar 12
\222\220 ITEM NO.101(PH) COURT NO.3 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS CIVIL APPEAL NO(S).5674/2009 PANDURANG GANPATI CHAUGULE Appellant(s) VERSUS VISHWASRAO PATIL MURGUD SAHAKARI BANK L. Respondent(s) (With interim relief and office report) WITH C.A.NO.5683/2009 (S.IX) (With interim relief and office report), C.A.NO.5675/2009 (S.IX) (With interim relief and office report), C.A.NO.5681/2009 (S.IX) (With office report), C.A.NO.5682/2009 (S.IX) (With interim relief and office report), C.A.NO.5684/2009 (S.IX) (With interim relief), SLP(C)NO.25930/2009 (S.IX) (With interim relief and office report), SLP(C)NO.25929/2009 (S.IX) (With interim relief and office report), C.A.NO.1468/2010 (S.IV), C.A.NO.4391/2010 (S.XIA) (With office report), SLP(C)NO.24309/2010 (S.IX), C.A.NO.7410/2010 (S.IX), W.P.(C)NO.318/2010 (S.X) (With appln.(s) for stay and office report), SLP(C)NO.29859/2010 (S.IX) (With interim relief and office report), W.P.(C)NO.40/2011 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.41/2011 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.61/2011 (S.X) (With appln.(s) for directions and permission to file counter affidavit and stay and office report), SLP(C)NOS.7295-7298/2011 (S. IVA) (With office report), C.A.NO.2440/2011 (S.IX) (With office report), W.P.(C)NO.220/2011 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.269/2011 (S.X) (With appln.(s) for stay and vacating stay and office report), W.P.(C)NO.293/2011 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.306/2011 (S.X) (With appln.(s) for stay andSignature Not Verified office report),Digitally signed bySarita PurohitDate: 2014.11.2213:08:39 ISTReason: 1W.P.(C)NO.308/2011 (S.X) (With appln.(s) for stay andoffice report),SLP(C)NO.21260/2011 (S.IX) (With interim relief and officereport),SLP(C)NOS.22304-22305/2011 (S.IX) (With office report),W.P.(C)NO.338/2011 (S.X) (With appln.(s) for stay and
office report),W.P.(C)NO.367/2011 (S.X) (With appln.(s) for directions andinterim directions and office report),SLP(C)NOS.24479-24480/2011 (S.IX) (With interim relief andoffice report),W.P.(C)NO.375/2011 (S.X) (With appln.(s) for stay and officereport),W.P.(C)NO.378/2011 (S.X) (With appln.(s) for stay and officereport),W.P.(C)NO.411/2011 (S.X) (With appln.(s) for stay and officereport),W.P.(C)NO.484/2011 (S.X) (With appln.(s) for stay and vacatinginterim order and office report),W.P.(C)NO.531/2011 (S.X) (With appln.(s) for stay and vacatinginterim order and office report),W.P.(C)NO.529/2011 (S.X) (With appln.(s) for stay and vacatinginterim order and office report),W.P.(C)NO.5/2012 (S.X) (With appln.(s) for stay and officereport),W.P.(C)NO.48/2012 (S.X) (With appln.(s) for stay andamendment of the petition and office report),W.P.(C)NO.97/2012 (S.X) (With appln.(s) for stay and officereport),W.P.(C)NO.103/2012 (S.X) (With appln.(s) for stay and officereport),W.P.(C)NO.111/2012 (S.X) (With appln.(s) for stay andvacating interim order and office report),W.P.(C)NO.123/2012 (S.X) (With appln.(s) for stay and officereport),W.P.(C)NO.122/2012 (S.X) (With appln.(s) for stay and officereport),W.P.(C)NO.199/2012 (S.X) (With appln.(s) for stay and officereport),W.P.(C)NO.249/2012 (S.X) (With appln.(s) for stay and officereport),W.P.(C)NO.250/2012 (S.X) (With appln.(s) for stay and officereport),W.P.(C)NO.248/2012 (S.X) (With appln.(s) for stay andvacating interim order and office report),SLP(C)NOS.18732-18733/2012 (S.IVA) (With interim relief andoffice report), 2W.P.(C)NO.291/2012 (S.X) (With appln.(s) for ex-partestay and office report),W.P.(C)NO.293/2012 (S.X) (With appln.(s) for ex-parte stayand office report),SLP(C)NO.24276/2012 (S. IVA) (With interim relief andoffice report),W.P.(C)NO.371/2012 (S.X) (With appln.(s) for ex-parte stayand office report),W.P.(C)NO.369/2012 (S.X) (With appln.(s) for stay and officereport),W.P.(C)NO.386/2012 (S.X) (With appln.(s) for stay and officereport),SLP(C)NO.30568/2012 (S.IX) (With interim relief and officereport),W.P.(C)NO.461/2012 (S.X) (With appln.(s) for stay and officereport),W.P.(C)NO.460/2012(S.X) (With appln.(s) for stay and officereport),W.P.(C)NO.487/2012 (S.X) (With appln.(s) for stay and officereport),W.P.(C)NO.490/2012 (S.X) (With appln.(s) for stay and vacatingstay and office report),W.P.(C)NO.521/2012 (S.X) (With appln.(s)for stay and vacating
stay and office report),W.P.(C)NO.537/2012 (S.X) (With appln. (s)for stay andpermission to file additional documents and office report),W.P.(C)NO.554/2012 (S.X) (With appln. (s) for stay and officereport),W.P.(C)NO.6/2013 (S.X) (With appln.(s) for stay and vacatingstay and office report),W.P.(C)NO.7/2013 (S.X) (With appln.(s) for stay and officereport),W.P.(C)NO.37/2013 (S.X) (With appln.(s) for stay and officereport),W.P.(C)NO.36/2013 (S.X) (With appln. (s) for stay and officereport)W.P.(C)NO.52/2013 (S.X) (With appln.(s) for stay andclarification of court's order and office report),W.P.(C)NO.51/2013 (S.X) (With appln.(s) for clarificationof court's order and stay and office report),W.P.(C)NO.58/2013 (S.X) (With appln.(s) for stay andclarification of court's order and office report),W.P.(C)NO.112/2013 (S.X) (With appln.(s) for stay andoffice report),W.P.(C)NO.111/2013 (S.X) (With appln.(s) for stay andoffice report),W.P.(C)NO.138/2013 (S.X) (With appln.(s) for stay andoffice report), 3W.P.(C)NO.146/2013 (S.X) (With appln.(s) for stay andoffice report),W.P.(C)NO.151/2013 (S.X) (With appln.(s) for stay andoffice report),W.P.(C)NO.175/2013 (S.X) (With appln.(s) for stay andoffice report),SLP(C)NO.12916/2013 (S.XIA) (With interim relief andoffice report),W.P.(C)NO.179/2013 (S.X) (With appln.(s) for stay andoffice report),W.P.(C)NO.181/2013 (S.X) (With appln.(s) for stay andoffice report),SLP(C)NO.13100/2013 (S.IX) (With interim relief andoffice report),W.P.(C)NO.191/2013 (S.X) (With appln.(s) for stay andvacation of ex-parte stay and office report),W.P.(C)NO.192/2013 (S.X) (With appln.(s) for stay andoffice report),SLP(C)NOS.15634-15635/2013 (S.IVA) (With office report),W.P.(C)NO.201/2013 (S.X) (With appln.(s) for stay andoffice report),SLP(C)NO.15507/2013 (S.IX) (With office report),W.P.(C)NO.233/2013 (S.X) (With appln.(s) for stay andsubstitution of respondent and office report),W.P.(C)NO.236/2013 (S.X) (With appln.(s) for stay andsubstitution of respondent and office report),W.P.(C)NO.238/2013 (S.X) (With appln.(s) for stay andsubstitution of respondent and office report),W.P.(C)NO.248/2013 (S.X) (With appln.(s) for stay andoffice report),W.P.(C)NO.253/2013 (S.X) (With appln.(s) for stay andvacating stay and office report),W.P.(C)NO.250/2013 (S.X) (With appln.(s) for stay andoffice report),SLP(C)NO.17054/2013 (S.IX) (With interim relief andoffice report),SLP(C)NO.18775/2013 (S.IX) (With interim relief andoffice report),SLP(C)NO.18777/2013 (S.IX) (With interim relief and
office report),W.P.(C)NO.264/2013 (S.X) (With appln. (s) for stay andimpleadment and office report) ,W.P.(C)NO.270/2013 (S.X) (With appln.(s) for stay andoffice report),W.P.(C)NO.271/2013 (S.X) (With appln.(s) for stay andoffice report),W.P.(C)NO.265/2013 (S.X) (With appln.(s) for stay andoffice report), 4W.P.(C)NO.266/2013 (S.X) (With appln.(s) for stay andoffice report),W.P.(C)NO.280/2013 (S.X) (With office report),W.P.(C)NO.279/2013 (S.X) (With appln.(s) for stay andoffice report),W.P.(C)NO.284/2013 (S.X) (With appln.(s) for stay andimpleadment and office report),W.P.(C)NO.285/2013 (S.X) (With appln.(s) for stay andvacating interim order and office report),W.P.(C)NO.353/2013 (S.X) (With appln.(s) for stay andoffice report),W.P.(C)NO.452/2013 (S.X) (With appln.(s) for stay andoffice report),W.P.(C)NO.469/2013 (S.X) (With office report),W.P.(C)NO.588/2013 (S.X) (With appln.(s) for stay andimpleadment as party respondent and impleadment andoffice report),SLP(C)NO.25126/2013 (S.IX) (With interim relief),CONMT.PET.(C)NO.320/2013 IN SLP(C)NO.15507/2013 (S.IX) ,SLP(C)NO.29721/2013 (S.IX) (With office report),SLP(C)NO.29720/2013 (S.IX) (With office report),W.P.(C)NO.762/2013 (S.X) (With appln.(s) for stay andoffice report),W.P.(C)NO.753/2013 (S.X) (With appln.(s) for stay andoffice report),W.P.(C)NO.758/2013 (S.X) (With appln.(s) for stay andoffice report),W.P.(C)NO.761/2013 (S.X) (With appln.(s) for stay andoffice report),W.P.(C)NO.800/2013 (S.X) (With appln.(s) for directionsand office report),W.P.(C)NO.819/2013 (S.X) (With appln.(s) for stay andoffice report) ,W.P.(C)NO.868/2013 (S.X) (With appln.(s) for interimdirections and directions),W.P.(C)NO.877/2013 (S.X) (With appln.(s) for directionsand office report),W.P.(C)NO.922/2013 (S.X) (With appln.(s) for directionsand office report),SLP(C)NO.35137/2013 (S.IX) (With interim relief andoffice report),W.P.(C)NO.1007/2013 (S.X) (With appln.(s) for stay andoffice report),W.P.(C)NO.1037/2013 (S.X) (With appln.(s) for stay anddirections and office report),W.P.(C)NO.1043/2013 (S.X) (With appln.(s) for stay andoffice report), 5W.P.(C)NO.1044/2013 (S.X) (With appln.(s) for stay andoffice report),W.P.(C)NO.1045/2013 (S.X) (With appln.(s) for stay and
office report),W.P.(C)NO.5/2014 (S.X) (With appln.(s) for stay andoffice report),W.P.(C)NO.10/2014 (S.X) (With appln.(s) for stay andoffice report),W.P.(C)NO.33/2014 (S.X) (With appln.(s) for stay andimpleadment and office report),W.P.(C)NO.40/2014 (S.X) (With appln.(s) for directionsand office report),W.P.(C)NO.120/2014 (S.X) (With appln.(s) for stay andvacating interim relief and office report),W.P.(C)NO.142/2014 (S.X) (With appln.(s) for ex-partestay and office report),W.P.(C)NO.168/2014 (S.X) (With appln.(s) for stay andvacating stay and office report),W.P.(C)NO.169/2014 (S.X) (With appln.(s) for stay andvacating stay and office report),W.P.(C)NO.208/2014 (S.X) (With appln.(s) for stayand office report),W.P.(C)NO.240/2014 (S.X) (With appln.(s) for stay andoffice report),W.P.(C)NO.272/2014 (S.X) (With appln.(s) for ex-partestay and office report),W.P.(C)NO.352/2014 (S.X) (With appln.(s) for stayand office report),S.L.P.(C)......./2014 CC NO.7586 (S.IVA) (With appln.(s)for c/delay in filing slp and office report),W.P.(C)NO.408/2014 (S.X) (With appln.(s) for stay andoffice report),W.P.(C)NO.417/2014 (S.X) (With appln.(s) for stay andoffice report),W.P.(C)NO.420/2014 (S.X) (With appln.(s) for stayand office report),W.P.(C)NO.421/2014 (S.X) (With appln.(s) for stayand office report),W.P.(C)NO.492/2014 (S.X) (With appln.(s) for stayand office report),W.P.(C)NO.712/2014 (S.X) (With appln.(s) for stayand office report),W.P.(C)NO.714/2014 (S.X) (With appln.(s) for stay),W.P.(C)NO.737/2014 (S.X) (With appln.(s)for stay andoffice report),W.P.(C)NO.738/2014 (S.X) (With appln.(s) for ex-partestay and stay and office report), 6W.P.(C)NO.740/2014 (S.X) (With appln.(s) for ex-partestay and stay and office report),W.P.(C)NO.739/2014 (S.X) (With appln.(s) for ex-partestay and stay and office report),W.P.(C)NO.754/2014 (S.X) (With appln.(s) for stayand office report),W.P.(C)NO.756/2014 (S.X) (With appln.(s) for stayand office report),W.P.(C)NO.779/2014 (S.X) (With appln.(s) for stay andexemption from filing o.t. and office report),W.P.(C)NO.795/2014 (S.X) (With appln.(s) for stayand office report),W.P.(C)NO.849/2014 (S.X) (With appln.(s) for ex-partestay and office report),W.P.(C)NO.838/2014 (S.X) (With appln.(s) for stayand office report),W.P.(C)NO.827/2014 (S.X) (With appln.(s) for ex-partestay and office report),W.P.(C)NO.929/2014 (S.X) (With appln.(s) for interimrelief and office report)
Date : 20/11/2014 These matters were called on for hearing today.CORAM : HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE KURIAN JOSEPHFor Appellant(s) Mr. M. Khairati,Adv. Mr. Vaibhav,Adv. Mr. Gaurav Agrawal,Adv. Mr. Devansh A. Mohta,Adv. Mr. Shishir Deshpande,Adv. Ms. Sujata Kurdukar,Adv. Mr. Amit Yadav,Adv. Mr. Shekhar Naphade,Sr.Adv. Mr. Sanjay Kharde,Adv. Ms. Chandan Ramamurthi,Adv. Mr. R. Sudhinder,Adv. Mr. Ashok Mathur,Adv. Mr. Abhishek Prasad,Adv. Mr. Nikhil Goel,Adv. Ms. Naveen Goel,Adv. Mr. Marsook Bafaki,Adv. Mr. A. Venayagam Balan,Adv. 7Mr. S. Sadasiva Reddy,Adv.Ms. S. Usha Reddy,Adv.Mr. Jayanth Muth Raj,Adv.Ms. Malvika J.,Adv.Mr. Sureshan P.,Adv.Mr. S.K. Kulkarni,Adv.Mr. Ankur S. Kulkarni,Adv.Ms. Shweta S. Parihar,Adv.Mr. S.W.A. Qadri,Adv.Mr. Lakshmi Raman Singh,Adv.Mr. V.K. Biju,Adv.Mr. Ravi Kottan,Adv.Mr. Vineet Bhagat,Adv.Ms. Anindita Saha,Adv.Mr. S.S. Ray,Adv.Ms. Rakhi Ray,Adv.Mr. Vaibhav Gulia,Adv.Mr. Amar Dave,Adv.Mr. P.S. Sudheer,Adv.Mr. Rishi Maheshwari,Adv.Mr. P.S. Sudheer,Adv.Mr. Rishi Maheshwari,Adv.Ms. Anne Mathew,Adv.Mr. Raj Kumar Kaushik,Adv.Mr. N.D.B. Raju,Adv.Ms. Bharthi R.,Adv.Mr. N. Ganpathy,Adv.
Mr. Santosh Paul,Adv.Mr. Debopriya Pal,Adv.Mr. Arvind Gupta,Adv.Mr. Harish Pandey,Adv.Mr. S.R. Singh,Sr.Adv.Mr. Sushant K. Yadav,Adv.Ms. Asha Gopalan Nair,Adv.Mr. Anirudh Sanganeria,Adv.Mr. Mukul Kumar,Adv. 8 Mr. Sourabh Kumar,Adv. Mr. Randhir Kumar,Adv. Mr. Rameshwar Prasad Goyal,Adv. Mr. M. Khairati,Adv. Mr. Irshad Ahmad,Adv. Mr. P.K. Manohar,Adv. Mr. Sunil Kumar Verma,Adv. Mr. Nikhil Nayyar,Adv. Ms. Anagha S. Desai,Adv. Mr. Jayant Kumar Mehta,Adv. Mr. K.L. Taneja,Adv. Ms. Charu Mathur,Adv. Mr. Satpal Singh,Adv. Mr. H. Chandra Sekhar,Adv. Mr. Vishwajit Singh,Adv. Mr. Vijay Kumar,Adv. Mr. Chirag M. Shroff,Adv. Mr. Jatin Zaveri,Adv. Mr. Jay Savla,Adv. Mr. Bankey Bihari Sharma,Adv. Mr. Sarad Kumar Singhania,Adv. Mr. S. Ravi Shankar,Adv. Mr. Sanjay Jain,Adv. Ms. Kamakshi S. Mehlwal,Adv. Mr. Garvesh Kabra,Adv. M/s. Temple Law Firm,Adv. Mr. Rabin Majumder,Adv. Ms. Garima Prashad,Adv. Mr. Atul Babasaheb Dakh,Adv. Ms. Rashmi Singh,Adv. Ms. Pragya Baghel,Adv. Mr. E.C. Agrawala,Adv. Mr. Santosh Krishnan,Adv.For Respondent(s) Mr. Shekhar Naphade,Sr.Adv. Mr. Chinmoy Khaladkar,Adv. Mr. Preshit Surshe,Adv. Mr. Arjun Krishnan,Adv. Mr. Shekhar Naphade,Sr.Adv. Ms. Jayashree Wad,Adv. Mr. Ashish Wad,Adv. Mr. Anshuman Srivastava,Adv. For M/s. J.S. Wad & Co.,Advs. 9
Mr. Shekhar Naphade,Sr.Adv.Mr. Vinay Navare,Adv.Ms. Abha R. Sharma,Adv.Mr. Harin P. Raval,Sr.Adv.Mr. Abhijat P. Medh,Adv.Mr. Sachin Patil,Adv.Mr. Sriram P. Pingle,Adv.Mr. M.P. Vinod,Adv.Ms. Neelam Saini,Adv.Mr. Dileep Pillai,Adv.Mr. Sanjay Kharde,Adv.Mr. Amol Nirmalkumar Suryawanshi,Adv.Mr. Shankar Chillarge,AAGMr. A.P. Mayee,Adv.Mr. Rajeev K. Panday,Adv.Mr. Rajeev Maheshwaranand Roy,Adv.Mr. P.I. Jose,Adv.Mr. Alok K. Prasad,Adv.Mr. C.K. Sasi,Adv.Ms. Sonal Jain,Adv.Ms. Heena Sharma,Adv.Ms. Sunita Sharma,Adv.Mr. D.S. Mahra,Adv.Mr. Anil Kumar Sangal,Adv.Mr. Siddharth Sangal,Adv.Mr. D.P. Mohanty,Adv.Mr. Manish Pitale,Adv.Mr. Wasi Haider,Adv.Mr. C.S. Ashri,Adv.Mr. Kuldeep S. Parihar,Adv.Mr. H.S. Parihar,Adv.Mr. Pravin Satale,Adv.Mr. Rajiv Shankar Dvivedi,Adv.Mr. Santosh Paul,Adv.Mr. Debopriya Pal,Adv.Mr. M.J. Paul,Adv. 10Mr. S. Aravindh,Adv.Mr. Vimal Pani,Adv.Mr. Senthil Jagadeesan,Adv.Ms. Praveena Gautam,Adv.Mr. Deepak Tyagi,Adv.Ms. Pusshp Gupta,Adv.Ms. Rajani K. Prasad,Adv.Ms. N. Annapoorani,Adv.Mr. Uday B. Dube,Adv.M/s. Coac,Advs.Mr. Niraj Sharma,Adv.Mr. M.T. George,Adv.M/s. K.J. John & Co.,Advs.
Mr. Shreekant N. Terdal,Adv.Mr. Shivaji M. Jadhav,Adv.Mr. Yash Pal Dhingra,Adv.Mr. Anil Kumar Mishra,Adv.Mr. D.M. Nargolkar,Adv.Mr. Piyush Sharma,Adv.Mr. Ravindra Keshavrao Adsure,Adv.Mr. B. Subrahmanya Prasad,Adv.Mr. Subramonium Prasad,Adv.Ms. Hemantika Wahi,Adv.Mr. V.N. Raghupathy,Adv.Mr. S.N. Bhat,Adv.Ms. Anuradha Mutatkar,Adv.M/s. S.M. Jadhav & Co.,Advs.Mr. Rajesh Mahale,Adv.Mr. Sudhanshu S. Choudhari,Adv.For M/s. Karanjawala & Co.,Advs.Mr. Tapesh Kumar Singh,Adv.Ms. Sushma Suri,Adv.Mr. Abhijit Sengupta,Adv.Mr. Nirnimesh Dube,Adv.Mr. Deeptakirti Verma,Adv.Mr. Ashok K. Mahajan,Adv.M/s. Dua Associates,Advs.Mr. Mohit Kumar Shara,Adv.Ms. A. Sumathi,Adv.Mr. M.Y. Deshmukh,Adv.Ms. Bharti Tyagi,Adv. 11 UPON hearing the counsel the Court made the following O R D E R List the matters as Part-heard.(Sarita Purohit) (Sneh Bala Mehra) Court Master Assistant Registrar 12
ITEM NO.101 COURT NO.3 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS CIVIL APPEAL NO(S).5674/2009 PANDURANG GANPATI CHAUGULE Appellant(s) VERSUS VISHWASRAO PATIL MURGUD SAHAKARI BANK L. Respondent(s) (With interim relief and office report) WITH C.A.NO.5683/2009 (S.IX) (With interim relief and office report), C.A.NO.5675/2009 (S.IX) (With interim relief and office report), C.A.NO.5681/2009 (S.IX) (With office report), C.A.NO.5682/2009 (S.IX) (With interim relief and office report), C.A.NO.5684/2009 (S.IX) (With interim relief), SLP(C)NO.25930/2009 (S.IX) (With interim relief and office report), SLP(C)NO.25929/2009 (S.IX) (With interim relief and office report), C.A.NO.1468/2010 (S.IV), C.A.NO.4391/2010 (S.XIA) (With office report), SLP(C)NO.24309/2010 (S.IX), C.A.NO.7410/2010 (S.IX), W.P.(C)NO.318/2010 (S.X) (With appln.(s) for stay and office report), SLP(C)NO.29859/2010 (S.IX) (With interim relief and office report), W.P.(C)NO.40/2011 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.41/2011 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.61/2011 (S.X) (With appln.(s) for directions and permission to file counter affidavit and stay and office report), SLP(C)NOS.7295-7298/2011 (S. IVA) (With office report), C.A.NO.2440/2011 (S.IX) (With office report), W.P.(C)NO.220/2011 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.269/2011 (S.X) (With appln.(s) for stay and vacating stay and office report), W.P.(C)NO.293/2011 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.306/2011 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.308/2011 (S.X) (With appln.(s) for stay and office report), 1
SLP(C)NO.21260/2011 (S.IX) (With interim relief and office report), SLP(C)NOS.22304-22305/2011 (S.IX) (With office report), W.P.(C)NO.338/2011 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.367/2011 (S.X) (With appln.(s) for directions and interim directions and office report), SLP(C)NOS.24479-24480/2011 (S.IX) (With interim relief and office report), W.P.(C)NO.375/2011 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.378/2011 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.411/2011 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.484/2011 (S.X) (With appln.(s) for stay and vacating interim order and office report), W.P.(C)NO.531/2011 (S.X) (With appln.(s) for stay and vacating interim order and office report), W.P.(C)NO.529/2011 (S.X) (With appln.(s) for stay and vacating interim order and office report), W.P.(C)NO.5/2012 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.48/2012 (S.X) (With appln.(s) for stay and amendment of the petition and office report), W.P.(C)NO.97/2012 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.103/2012 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.111/2012 (S.X) (With appln.(s) for stay and vacating interim order and office report), W.P.(C)NO.123/2012 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.122/2012 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.199/2012 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.249/2012 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.250/2012 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.248/2012 (S.X) (With appln.(s) for stay and vacating interim order and office report), SLP(C)NOS.18732-18733/2012 (S.IVA) (With interim relief and office report), W.P.(C)NO.291/2012 (S.X) (With appln.(s) for ex-parte stay and office report), W.P.(C)NO.293/2012 (S.X) (With appln.(s) for ex-parte stay and office report), 2
SLP(C)NO.24276/2012 (S. IVA) (With interim relief and office report), W.P.(C)NO.371/2012 (S.X) (With appln.(s) for ex-parte stay and office report), W.P.(C)NO.369/2012 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.386/2012 (S.X) (With appln.(s) for stay and office report), SLP(C)NO.30568/2012 (S.IX) (With interim relief and office report), W.P.(C)NO.461/2012 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.460/2012(S.X) (With appln.(s) for stay and office report), W.P.(C)NO.487/2012 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.490/2012 (S.X) (With appln.(s) for stay and vacating stay and office report), W.P.(C)NO.521/2012 (S.X) (With appln.(s)for stay and vacating stay and office report), W.P.(C)NO.537/2012 (S.X) (With appln. (s)for stay and permission to file additional documents and office report), W.P.(C)NO.554/2012 (S.X) (With appln. (s) for stay and office report), W.P.(C)NO.6/2013 (S.X) (With appln.(s) for stay and vacating stay and office report), W.P.(C)NO.7/2013 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.37/2013 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.36/2013 (S.X) (With appln. (s) for stay and office report) W.P.(C)NO.52/2013 (S.X) (With appln.(s) for stay and clarification of court's order and office report), W.P.(C)NO.51/2013 (S.X) (With appln.(s) for clarification of court's order and stay and office report), W.P.(C)NO.58/2013 (S.X) (With appln.(s) for stay and clarification of court's order and office report), W.P.(C)NO.112/2013 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.111/2013 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.138/2013 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.146/2013 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.151/2013 (S.X) (With appln.(s) for stay and office report), 3
W.P.(C)NO.175/2013 (S.X) (With appln.(s) for stay and office report), SLP(C)NO.12916/2013 (S.XIA) (With interim relief and office report), W.P.(C)NO.179/2013 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.181/2013 (S.X) (With appln.(s) for stay and office report), SLP(C)NO.13100/2013 (S.IX) (With interim relief and office report), W.P.(C)NO.191/2013 (S.X) (With appln.(s) for stay and vacation of ex-parte stay and office report), W.P.(C)NO.192/2013 (S.X) (With appln.(s) for stay and office report), SLP(C)NOS.15634-15635/2013 (S.IVA) (With office report), W.P.(C)NO.201/2013 (S.X) (With appln.(s) for stay and office report), SLP(C)NO.15507/2013 (S.IX) (With office report), W.P.(C)NO.233/2013 (S.X) (With appln.(s) for stay and substitution of respondent and office report), W.P.(C)NO.236/2013 (S.X) (With appln.(s) for stay and substitution of respondent and office report), W.P.(C)NO.238/2013 (S.X) (With appln.(s) for stay and substitution of respondent and office report), W.P.(C)NO.248/2013 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.253/2013 (S.X) (With appln.(s) for stay and vacating stay and office report), W.P.(C)NO.250/2013 (S.X) (With appln.(s) for stay and office report), SLP(C)NO.17054/2013 (S.IX) (With interim relief and office report), SLP(C)NO.18775/2013 (S.IX) (With interim relief and office report), SLP(C)NO.18777/2013 (S.IX) (With interim relief and office report), W.P.(C)NO.264/2013 (S.X) (With appln. (s) for stay and impleadment and office report) , W.P.(C)NO.270/2013 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.271/2013 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.265/2013 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.266/2013 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.280/2013 (S.X) (With office report), 4
W.P.(C)NO.279/2013 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.284/2013 (S.X) (With appln.(s) for stay and impleadment and office report), W.P.(C)NO.285/2013 (S.X) (With appln.(s) for stay and vacating interim order and office report), W.P.(C)NO.353/2013 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.452/2013 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.469/2013 (S.X) (With office report), W.P.(C)NO.588/2013 (S.X) (With appln.(s) for stay and impleadment as party respondent and impleadment and office report), SLP(C)NO.25126/2013 (S.IX) (With interim relief), CONMT.PET.(C)NO.320/2013 IN SLP(C)NO.15507/2013 (S.IX) , SLP(C)NO.29721/2013 (S.IX) (With office report), SLP(C)NO.29720/2013 (S.IX) (With office report), W.P.(C)NO.762/2013 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.753/2013 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.758/2013 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.761/2013 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.800/2013 (S.X) (With appln.(s) for directions and office report), W.P.(C)NO.819/2013 (S.X) (With appln.(s) for stay and office report) , W.P.(C)NO.868/2013 (S.X) (With appln.(s) for interim directions and directions), W.P.(C)NO.877/2013 (S.X) (With appln.(s) for directions and office report), W.P.(C)NO.922/2013 (S.X) (With appln.(s) for directions and office report), SLP(C)NO.35137/2013 (S.IX) (With interim relief and office report), W.P.(C)NO.1007/2013 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.1037/2013 (S.X) (With appln.(s) for stay and directions and office report), W.P.(C)NO.1043/2013 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.1044/2013 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.1045/2013 (S.X) (With appln.(s) for stay and office report), 5
W.P.(C)NO.5/2014 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.10/2014 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.33/2014 (S.X) (With appln.(s) for stay and impleadment and office report), W.P.(C)NO.40/2014 (S.X) (With appln.(s) for directions and office report), W.P.(C)NO.120/2014 (S.X) (With appln.(s) for stay and vacating interim relief and office report), W.P.(C)NO.142/2014 (S.X) (With appln.(s) for ex-parte stay and office report), W.P.(C)NO.168/2014 (S.X) (With appln.(s) for stay and vacating stay and office report), W.P.(C)NO.169/2014 (S.X) (With appln.(s) for stay and vacating stay and office report), W.P.(C)NO.208/2014 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.240/2014 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.272/2014 (S.X) (With appln.(s) for ex-parte stay and office report), W.P.(C)NO.352/2014 (S.X) (With appln.(s) for stay and office report), S.L.P.(C)......./2014 CC NO.7586 (S.IVA) (With appln.(s) for c/delay in filing slp and office report), W.P.(C)NO.408/2014 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.417/2014 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.420/2014 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.421/2014 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.492/2014 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.712/2014 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.714/2014 (S.X) (With appln.(s) for stay), W.P.(C)NO.737/2014 (S.X) (With appln.(s)for stay and office report), W.P.(C)NO.738/2014 (S.X) (With appln.(s) for ex-parte stay and stay and office report), W.P.(C)NO.740/2014 (S.X) (With appln.(s) for ex-parte stay and stay and office report), W.P.(C)NO.739/2014 (S.X) (With appln.(s) for ex-parte stay and stay and office report), W.P.(C)NO.754/2014 (S.X) (With appln.(s) for stay and office report), 6
W.P.(C)NO.756/2014 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.779/2014 (S.X) (With appln.(s) for stay and exemption from filing o.t. and office report), W.P.(C)NO.795/2014 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.849/2014 (S.X) (With appln.(s) for ex-parte stay and office report), W.P.(C)NO.838/2014 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.827/2014 (S.X) (With appln.(s) for ex-parte stay and office report), W.P.(C)NO.929/2014 (S.X) (With appln.(s) for interim relief and office report), Date : 13/11/2014 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE KURIAN JOSEPH For Appellant(s) Mr. Gaurav Agrawal,Adv. Mr. M. Khairati,Adv. Mr. Abhishek Prasad,Adv. Mr. R. Sudhinder,Adv. Mr. Ashok Mathur,Adv. Mr. Gopal Shankar Narayan,Adv. Mr. Renjith B. Marar,Adv. Mr. Lakshmi N. Kaimal,Adv. Mr. K.L. Taneja,Adv. Mr. Arvind Kumar,Adv. Mr. Chinwal Chauhan,Adv. Mr. A. Venayagam Balan,Adv. Mr. Rameshwar Prasad Goyal,Adv. Mr. T.N. Singh,Adv. Mr. Randhir Kumar,Adv. Mr. Sourabh Kumar,Adv. Mr. Chirag M. Shroff,Adv. Ms. Priyanka Rai,Adv. Mr. Mathews J. Nedumpara,Adv. Mr. S. Sadasiva Reddy,Adv. Ms. Rohini Amin,Adv. Ms. S. Usha Reddy,Adv. 7
Mr. Nikhil Goel,Adv. Ms. Naveen Goel,Adv. Mr. Marsook Bafaki,Adv. Mr. Jayanth Muth Raj,Adv. Ms. Malvika J.,Adv. Mr. Sureshan P.,Adv. Mr. S.W.A. Qadri,Adv. Mr. Zaid Ali,Adv. Mr. Lakshmi Raman Singh,Adv. Mr. N.D.B. Raju,Adv. Ms. Bharthi R.,Adv. Mr. N. Ganpathy,Adv. Mr. S. Ravi Shankar,Adv. Ms. Sangitaa Singh,Adv. Mr. Amar Dave,Adv. Mr. P.S. Sudheer,Adv. Mr. Rishi Maheshwari,Adv. Mr. P.S. Sudheer,Adv. Mr. Rishi Maheshwari,Adv. Ms. Anne Mathew,Adv. Mr. Raj Kumar Kaushik,Adv. Mr. Anirudh Sanganeria,Adv. Mr. Mukul Kumar,Adv. Mr. Amol Chitale,Adv. Ms. Pragya Baghel,Adv. Mr. S.K. Kulkarni,Adv. Mr. M. Gireesh Kumar,Adv. Mr. Ankur S. Kulkarni,Adv. Mr. Ankur Saigal,Adv. Mr. Mahesh Agarwal,Adv. Mr. Rishi Agrawala,Adv. Mr. E.C. Agrawala,Adv. Mr. Vikrant Pachnanda,Adv. Mr. M. Khairati,Adv. Mr. Irshad Ahmad,Adv. Mr. S.R. Singh,Sr.Adv. Mr. Avnish Singh,Adv. Mr. Ujjawal Pandey,Adv. Mr. Sushant K. Yadav,Adv. Ms. Asha Gopalan Nair,Adv. 8
Mr. Devansh A. Mohta,Adv. Mr. Shishir Deshpande,Adv. Ms. Sujata Kurdukar,Adv. Mr. Amit Yadav,Adv. Mr. S.S. Ray,Adv. Ms. Rakhi Ray,Adv. Mr. V.K. Biju,Adv. Mr. Santosh Krishnan,Adv. Mr. Vineet Bhagat,Adv. Mr. Sunil Kumar Verma,Adv. Mr. Nikhil Nayyar,Adv. Ms. Anagha S. Desai,Adv. Ms. Chandan Ramamurthi,Adv. Mr. Jayant Kumar Mehta,Adv. Ms. Charu Mathur,Adv. Mr. Satpal Singh,Adv. Mr. H. Chandra Sekhar,Adv. Mr. Vishwajit Singh,Adv. Mr. Vijay Kumar,Adv. Mr. P.K. Manohar,Adv. Ms. Sujata Kurdukar,Adv. Mr. Jatin Zaveri,Adv. Mr. Jay Savla,Adv. Mr. Bankey Bihari Sharma,Adv. Mr. Sarad Kumar Singhania,Adv. Mr. Harish Pandey,Adv. Mr. Sanjay Jain,Adv. Ms. Kamakshi S. Mehlwal,Adv. Mr. Garvesh Kabra,Adv. Mr. M.J. Paul,Adv. M/s. Temple Law Firm,AdvS. Mr. Rabin Majumder,Adv. Ms. Garima Prashad,Adv. Mr. Atul Babasaheb Dakh,Adv. Ms. Rashmi Singh,Adv. For Respondent(s) Mr. Shekhar Naphade,Sr.Adv. Mr. Vinay Navare,Adv. Mr. Satyajeet Kumar,Adv. Mr. Keshav Ranjan,Adv. Ms. Abha R. Sharma,Adv. Mr. Shekhar Naphade,Sr.Adv. Ms. Jayashree Wad,Adv. Mr. Ashish Wad,Adv. Mr. Anshuman Srivastava,Adv. For M/s. J.S. Wad & Co.,Advs. 9
Mr. Shekhar Naphade,Sr.Adv. Mr. Chinmoy Khaladkar,Adv. Mr. Arjun Krishnan,Adv. Mr. Tushar Mehta,ASG Mr. B.B. Sawhney,Adv. Mr. T.N. Razdan,Adv. Ms. Sunita Sharma,Adv. Mr. R.K. Verma,Adv. Ms. Sushma Suri,Adv. Mr. D.S. Mahra,Adv. Mr. Harin P. Raval,Sr.Adv. Mr. Abhijat P. Medh,Adv. Mr. Nipun Saxena,Adv. Mr. Yadunandan Bansal,Adv. Mr. Kuldeep S. Parihar,Adv. Mr. H.S. Parihar,Adv. Ms. Sonal Jain,Adv. Mr. Rajiv M. Brahma,Adv. Mr. Shankar Chillarge,AAG Mr. A.P. Mayee,Adv. Mr. Sachin Patil,Adv. Mr. Sriram P. Pingle,Adv. Ms. Rajani K. Prasad,Adv. Ms. N. Annapoorani,Adv. Ms. Neelam Jain,Adv. Mr. A.D.N. Rao,Adv. Mr. A. Venkatesh,Adv. Mr. Chinmoy Khaladkar,Adv. Mr. Deeptakirti Verma,Adv. Ms. Neha Sharma,Adv. Mr. Anil Kumar Sangal,Adv. Mr. Siddharth Sangal,Adv. Mr. Manish Pitale,Adv. Mr. C.S. Ashri,Adv. Mr. Arvind Kumar,Adv. Ms. Purti Marwaha,Adv. Ms. Henna George,Adv. 10
Mr. Tapesh Kumar Singh,Adv. Mr. Mohd. Waquas,Adv. Mr. P.I. Jose,Adv. Mr. Vishwanath Bahuguna,Adv. Mr. C.K. Sasi,Adv. Ms. Swati Setia,Adv. Mr. D. Bharat Kumar,Adv. Mr. T. Baskar Gowtham,Adv. Mr. Abhijit Sengupta,Adv. Mr. S. Aravindh,Adv. Mr. Vimal Pani,Adv. Mr. Senthil Jagadeesan,Adv. Mr. Sanjay Kharde,Adv. Mr. Preshit Surshe,Adv. Mr. Amol Nirmalkumar Suryawanshi,Adv. Mr. Rajeev K. Panday,Adv. Mr. Rajeev Maheshwaranand Roy,Adv. Mr. Siddhesh Kotwal,Adv. Mr. Annirudh Sharma,Adv. Ms. Shreya Bhatnagar,Adv. Mr. Nirnimesh Dube,Adv. Mr. M.P. Vinod,Adv. Ms. Neelam Saini,Adv. Mr. Dileep Pillai,Adv. Mr. A.K. Jain,Adv. Mr. Uday B. Dube,Adv. M/s. Coac,Advs. Mr. Niraj Sharma,Adv. Mr. M.T. George,Adv. M/s. K.J. John & Co.,Advs. Mr. Shreekant N. Terdal,Adv. Ms. Praveena Gautam,Adv. Mr. Shivaji M. Jadhav,Adv. Mr. Yash Pal Dhingra,Adv. Mr. Anil Kumar Mishra,Adv. Mr. D.M. Nargolkar,Adv. Mr. Piyush Sharma,Adv. Mr. Ravindra Keshavrao Adsure,Adv. Mr. B. Subrahmanya Prasad,Adv. 11
Mr. Subramonium Prasad,Adv. Ms. Hemantika Wahi,Adv. Mr. V.N. Raghupathy,Adv. Mr. Rajiv Shankar Dvivedi,Adv. Mr. S.N. Bhat,Adv. Ms. Anuradha Mutatkar,Adv. M/s. S.M. Jadhav & Company,Advs. Mr. Rajesh Mahale,Adv. Mr. Sudhanshu S. Choudhari,Adv. For M/s. Karanjawala & Co.,Advs. UPON hearing the counsel the Court made the following O R D E R List the matters on 19 th November, 2014, as Part-heard. (Sarita Purohit) (Sneh Bala Mehra) Court Master Assistant Registrar 12
h\230 ITEM NO.101 COURT NO.3 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS CIVIL APPEAL NO(S).5674/2009 PANDURANG GANPATI CHAUGULE Appellant(s) VERSUS VISHWASRAO PATIL MURGUD SAHAKARI BANK L. Respondent(s) (With interim relief and office report) WITH C.A.NO.5683/2009 (S.IX) (With interim relief and office report), C.A.NO.5675/2009 (S.IX) (With interim relief and office report), C.A.NO.5681/2009 (S.IX) (With office report), C.A.NO.5682/2009 (S.IX) (With interim relief and office report), C.A.NO.5684/2009 (S.IX) (With interim relief), SLP(C)NO.25930/2009 (S.IX) (With interim relief and office report), SLP(C)NO.25929/2009 (S.IX) (With interim relief and office report), C.A.NO.1468/2010 (S.IV), C.A.NO.4391/2010 (S.XIA) (With office report), SLP(C)NO.24309/2010 (S.IX), C.A.NO.7410/2010 (S.IX), W.P.(C)NO.318/2010 (S.X) (With appln.(s) for stay and office report), SLP(C)NO.29859/2010 (S.IX) (With interim relief and office report), W.P.(C)NO.40/2011 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.41/2011 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.61/2011 (S.X) (With appln.(s) for directions and permission to file counter affidavit and stay and office report), SLP(C)NOS.7295-7298/2011 (S. IVA) (With office report), C.A.NO.2440/2011 (S.IX) (With office report), W.P.(C)NO.220/2011 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.269/2011 (S.X) (With appln.(s) for stay and vacating stay and office report), W.P.(C)NO.293/2011 (S.X) (With appln.(s) for stay and office report), W.P.(C)NO.306/2011 (S.X) (With appln.(s) for stay andSignature Not Verified office report),Digitally signed bySarita PurohitDate: 2014.11.20 W.P.(C)NO.308/2011 (S.X) (With appln.(s) for stay and10:35:51 ISTReason: office report), 1SLP(C)NO.21260/2011 (S.IX) (With interim relief and officereport),SLP(C)NOS.22304-22305/2011 (S.IX) (With office report),W.P.(C)NO.338/2011 (S.X) (With appln.(s) for stay andoffice report),
W.P.(C)NO.367/2011 (S.X) (With appln.(s) for directions andinterim directions and office report),SLP(C)NOS.24479-24480/2011 (S.IX) (With interim relief andoffice report),W.P.(C)NO.375/2011 (S.X) (With appln.(s) for stay and officereport),W.P.(C)NO.378/2011 (S.X) (With appln.(s) for stay and officereport),W.P.(C)NO.411/2011 (S.X) (With appln.(s) for stay and officereport),W.P.(C)NO.484/2011 (S.X) (With appln.(s) for stay and vacatinginterim order and office report),W.P.(C)NO.531/2011 (S.X) (With appln.(s) for stay and vacatinginterim order and office report),W.P.(C)NO.529/2011 (S.X) (With appln.(s) for stay and vacatinginterim order and office report),W.P.(C)NO.5/2012 (S.X) (With appln.(s) for stay and officereport),W.P.(C)NO.48/2012 (S.X) (With appln.(s) for stay andamendment of the petition and office report),W.P.(C)NO.97/2012 (S.X) (With appln.(s) for stay and officereport),W.P.(C)NO.103/2012 (S.X) (With appln.(s) for stay and officereport),W.P.(C)NO.111/2012 (S.X) (With appln.(s) for stay andvacating interim order and office report),W.P.(C)NO.123/2012 (S.X) (With appln.(s) for stay and officereport),W.P.(C)NO.122/2012 (S.X) (With appln.(s) for stay and officereport),W.P.(C)NO.199/2012 (S.X) (With appln.(s) for stay and officereport),W.P.(C)NO.249/2012 (S.X) (With appln.(s) for stay and officereport),W.P.(C)NO.250/2012 (S.X) (With appln.(s) for stay and officereport),W.P.(C)NO.248/2012 (S.X) (With appln.(s) for stay andvacating interim order and office report),SLP(C)NOS.18732-18733/2012 (S.IVA) (With interim relief andoffice report),W.P.(C)NO.291/2012 (S.X) (With appln.(s) for ex-partestay and office report),W.P.(C)NO.293/2012 (S.X) (With appln.(s) for ex-parte stayand office report), 2SLP(C)NO.24276/2012 (S. IVA) (With interim relief andoffice report),W.P.(C)NO.371/2012 (S.X) (With appln.(s) for ex-parte stayand office report),W.P.(C)NO.369/2012 (S.X) (With appln.(s) for stay and officereport),W.P.(C)NO.386/2012 (S.X) (With appln.(s) for stay and officereport),SLP(C)NO.30568/2012 (S.IX) (With interim relief and officereport),W.P.(C)NO.461/2012 (S.X) (With appln.(s) for stay and officereport),W.P.(C)NO.460/2012(S.X) (With appln.(s) for stay and officereport),W.P.(C)NO.487/2012 (S.X) (With appln.(s) for stay and officereport),W.P.(C)NO.490/2012 (S.X) (With appln.(s) for stay and vacatingstay and office report),W.P.(C)NO.521/2012 (S.X) (With appln.(s)for stay and vacatingstay and office report),
W.P.(C)NO.537/2012 (S.X) (With appln. (s)for stay andpermission to file additional documents and office report),W.P.(C)NO.554/2012 (S.X) (With appln. (s) for stay and officereport),W.P.(C)NO.6/2013 (S.X) (With appln.(s) for stay and vacatingstay and office report),W.P.(C)NO.7/2013 (S.X) (With appln.(s) for stay and officereport),W.P.(C)NO.37/2013 (S.X) (With appln.(s) for stay and officereport),W.P.(C)NO.36/2013 (S.X) (With appln. (s) for stay and officereport)W.P.(C)NO.52/2013 (S.X) (With appln.(s) for stay andclarification of court's order and office report),W.P.(C)NO.51/2013 (S.X) (With appln.(s) for clarificationof court's order and stay and office report),W.P.(C)NO.58/2013 (S.X) (With appln.(s) for stay andclarification of court's order and office report),W.P.(C)NO.112/2013 (S.X) (With appln.(s) for stay andoffice report),W.P.(C)NO.111/2013 (S.X) (With appln.(s) for stay andoffice report),W.P.(C)NO.138/2013 (S.X) (With appln.(s) for stay andoffice report),W.P.(C)NO.146/2013 (S.X) (With appln.(s) for stay andoffice report),W.P.(C)NO.151/2013 (S.X) (With appln.(s) for stay andoffice report), 3W.P.(C)NO.175/2013 (S.X) (With appln.(s) for stay andoffice report),SLP(C)NO.12916/2013 (S.XIA) (With interim relief andoffice report),W.P.(C)NO.179/2013 (S.X) (With appln.(s) for stay andoffice report),W.P.(C)NO.181/2013 (S.X) (With appln.(s) for stay andoffice report),SLP(C)NO.13100/2013 (S.IX) (With interim relief andoffice report),W.P.(C)NO.191/2013 (S.X) (With appln.(s) for stay andvacation of ex-parte stay and office report),W.P.(C)NO.192/2013 (S.X) (With appln.(s) for stay andoffice report),SLP(C)NOS.15634-15635/2013 (S.IVA) (With office report),W.P.(C)NO.201/2013 (S.X) (With appln.(s) for stay andoffice report),SLP(C)NO.15507/2013 (S.IX) (With office report),W.P.(C)NO.233/2013 (S.X) (With appln.(s) for stay andsubstitution of respondent and office report),W.P.(C)NO.236/2013 (S.X) (With appln.(s) for stay andsubstitution of respondent and office report),W.P.(C)NO.238/2013 (S.X) (With appln.(s) for stay andsubstitution of respondent and office report),W.P.(C)NO.248/2013 (S.X) (With appln.(s) for stay andoffice report),W.P.(C)NO.253/2013 (S.X) (With appln.(s) for stay andvacating stay and office report),W.P.(C)NO.250/2013 (S.X) (With appln.(s) for stay andoffice report),SLP(C)NO.17054/2013 (S.IX) (With interim relief andoffice report),SLP(C)NO.18775/2013 (S.IX) (With interim relief andoffice report),SLP(C)NO.18777/2013 (S.IX) (With interim relief andoffice report),
W.P.(C)NO.264/2013 (S.X) (With appln. (s) for stay andimpleadment and office report) ,W.P.(C)NO.270/2013 (S.X) (With appln.(s) for stay andoffice report),W.P.(C)NO.271/2013 (S.X) (With appln.(s) for stay andoffice report),W.P.(C)NO.265/2013 (S.X) (With appln.(s) for stay andoffice report),W.P.(C)NO.266/2013 (S.X) (With appln.(s) for stay andoffice report),W.P.(C)NO.280/2013 (S.X) (With office report), 4W.P.(C)NO.279/2013 (S.X) (With appln.(s) for stay andoffice report),W.P.(C)NO.284/2013 (S.X) (With appln.(s) for stay andimpleadment and office report),W.P.(C)NO.285/2013 (S.X) (With appln.(s) for stay andvacating interim order and office report),W.P.(C)NO.353/2013 (S.X) (With appln.(s) for stay andoffice report),W.P.(C)NO.452/2013 (S.X) (With appln.(s) for stay andoffice report),W.P.(C)NO.469/2013 (S.X) (With office report),W.P.(C)NO.588/2013 (S.X) (With appln.(s) for stay andimpleadment as party respondent and impleadment andoffice report),SLP(C)NO.25126/2013 (S.IX) (With interim relief),CONMT.PET.(C)NO.320/2013 IN SLP(C)NO.15507/2013 (S.IX) ,SLP(C)NO.29721/2013 (S.IX) (With office report),SLP(C)NO.29720/2013 (S.IX) (With office report),W.P.(C)NO.762/2013 (S.X) (With appln.(s) for stay andoffice report),W.P.(C)NO.753/2013 (S.X) (With appln.(s) for stay andoffice report),W.P.(C)NO.758/2013 (S.X) (With appln.(s) for stay andoffice report),W.P.(C)NO.761/2013 (S.X) (With appln.(s) for stay andoffice report),W.P.(C)NO.800/2013 (S.X) (With appln.(s) for directionsand office report),W.P.(C)NO.819/2013 (S.X) (With appln.(s) for stay andoffice report) ,W.P.(C)NO.868/2013 (S.X) (With appln.(s) for interimdirections and directions),W.P.(C)NO.877/2013 (S.X) (With appln.(s) for directionsand office report),W.P.(C)NO.922/2013 (S.X) (With appln.(s) for directionsand office report),SLP(C)NO.35137/2013 (S.IX) (With interim relief andoffice report),W.P.(C)NO.1007/2013 (S.X) (With appln.(s) for stay andoffice report),W.P.(C)NO.1037/2013 (S.X) (With appln.(s) for stay anddirections and office report),W.P.(C)NO.1043/2013 (S.X) (With appln.(s) for stay andoffice report),W.P.(C)NO.1044/2013 (S.X) (With appln.(s) for stay andoffice report),W.P.(C)NO.1045/2013 (S.X) (With appln.(s) for stay andoffice report), 5
W.P.(C)NO.5/2014 (S.X) (With appln.(s) for stay andoffice report),W.P.(C)NO.10/2014 (S.X) (With appln.(s) for stay andoffice report),W.P.(C)NO.33/2014 (S.X) (With appln.(s) for stay andimpleadment and office report),W.P.(C)NO.40/2014 (S.X) (With appln.(s) for directionsand office report),W.P.(C)NO.120/2014 (S.X) (With appln.(s) for stay andvacating interim relief and office report),W.P.(C)NO.142/2014 (S.X) (With appln.(s) for ex-partestay and office report),W.P.(C)NO.168/2014 (S.X) (With appln.(s) for stay andvacating stay and office report),W.P.(C)NO.169/2014 (S.X) (With appln.(s) for stay andvacating stay and office report),W.P.(C)NO.208/2014 (S.X) (With appln.(s) for stayand office report),W.P.(C)NO.240/2014 (S.X) (With appln.(s) for stay andoffice report),W.P.(C)NO.272/2014 (S.X) (With appln.(s) for ex-partestay and office report),W.P.(C)NO.352/2014 (S.X) (With appln.(s) for stayand office report),S.L.P.(C)......./2014 CC NO.7586 (S.IVA) (With appln.(s)for c/delay in filing slp and office report),W.P.(C)NO.408/2014 (S.X) (With appln.(s) for stay andoffice report),W.P.(C)NO.417/2014 (S.X) (With appln.(s) for stay andoffice report),W.P.(C)NO.420/2014 (S.X) (With appln.(s) for stayand office report),W.P.(C)NO.421/2014 (S.X) (With appln.(s) for stayand office report),W.P.(C)NO.492/2014 (S.X) (With appln.(s) for stayand office report),W.P.(C)NO.712/2014 (S.X) (With appln.(s) for stayand office report),W.P.(C)NO.714/2014 (S.X) (With appln.(s) for stay),W.P.(C)NO.737/2014 (S.X) (With appln.(s)for stay andoffice report),W.P.(C)NO.738/2014 (S.X) (With appln.(s) for ex-partestay and stay and office report),W.P.(C)NO.740/2014 (S.X) (With appln.(s) for ex-partestay and stay and office report),W.P.(C)NO.739/2014 (S.X) (With appln.(s) for ex-partestay and stay and office report),W.P.(C)NO.754/2014 (S.X) (With appln.(s) for stayand office report), 6W.P.(C)NO.756/2014 (S.X) (With appln.(s) for stayand office report),W.P.(C)NO.779/2014 (S.X) (With appln.(s) for stay andexemption from filing o.t. and office report),W.P.(C)NO.795/2014 (S.X) (With appln.(s) for stayand office report),W.P.(C)NO.849/2014 (S.X) (With appln.(s) for ex-partestay and office report),W.P.(C)NO.838/2014 (S.X) (With appln.(s) for stayand office report),W.P.(C)NO.827/2014 (S.X) (With appln.(s) for ex-partestay and office report),W.P.(C)NO.929/2014 (S.X) (With appln.(s) for interimrelief and office report),
Date : 13/11/2014 These matters were called on for hearing today.CORAM : HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE KURIAN JOSEPHFor Appellant(s) Mr. Gaurav Agrawal,Adv. Mr. M. Khairati,Adv. Mr. Abhishek Prasad,Adv. Mr. R. Sudhinder,Adv. Mr. Ashok Mathur,Adv. Mr. Gopal Shankar Narayan,Adv. Mr. Renjith B. Marar,Adv. Mr. Lakshmi N. Kaimal,Adv. Mr. K.L. Taneja,Adv. Mr. Arvind Kumar,Adv. Mr. Chinwal Chauhan,Adv. Mr. A. Venayagam Balan,Adv. Mr. Rameshwar Prasad Goyal,Adv. Mr. T.N. Singh,Adv. Mr. Randhir Kumar,Adv. Mr. Sourabh Kumar,Adv. Mr. Chirag M. Shroff,Adv. Ms. Priyanka Rai,Adv. Mr. Mathews J. Nedumpara,Adv. Mr. S. Sadasiva Reddy,Adv. Ms. Rohini Amin,Adv. Ms. S. Usha Reddy,Adv. 7Mr. Nikhil Goel,Adv.Ms. Naveen Goel,Adv.Mr. Marsook Bafaki,Adv.Mr. Jayanth Muth Raj,Adv.Ms. Malvika J.,Adv.Mr. Sureshan P.,Adv.Mr. S.W.A. Qadri,Adv.Mr. Zaid Ali,Adv.Mr. Lakshmi Raman Singh,Adv.Mr. N.D.B. Raju,Adv.Ms. Bharthi R.,Adv.Mr. N. Ganpathy,Adv.Mr. S. Ravi Shankar,Adv.Ms. Sangitaa Singh,Adv.Mr. Amar Dave,Adv.Mr. P.S. Sudheer,Adv.Mr. Rishi Maheshwari,Adv.Mr. P.S. Sudheer,Adv.Mr. Rishi Maheshwari,Adv.Ms. Anne Mathew,Adv.Mr. Raj Kumar Kaushik,Adv.Mr. Anirudh Sanganeria,Adv.Mr. Mukul Kumar,Adv.
Mr. Amol Chitale,Adv.Ms. Pragya Baghel,Adv.Mr. S.K. Kulkarni,Adv.Mr. M. Gireesh Kumar,Adv.Mr. Ankur S. Kulkarni,Adv.Mr. Ankur Saigal,Adv.Mr. Mahesh Agarwal,Adv.Mr. Rishi Agrawala,Adv.Mr. E.C. Agrawala,Adv.Mr. Vikrant Pachnanda,Adv.Mr. M. Khairati,Adv.Mr. Irshad Ahmad,Adv.Mr. S.R. Singh,Sr.Adv.Mr. Avnish Singh,Adv.Mr. Ujjawal Pandey,Adv.Mr. Sushant K. Yadav,Adv.Ms. Asha Gopalan Nair,Adv. 8 Mr. Devansh A. Mohta,Adv. Mr. Shishir Deshpande,Adv. Ms. Sujata Kurdukar,Adv. Mr. Amit Yadav,Adv. Mr. S.S. Ray,Adv. Ms. Rakhi Ray,Adv. Mr. V.K. Biju,Adv. Mr. Santosh Krishnan,Adv. Mr. Vineet Bhagat,Adv. Mr. Sunil Kumar Verma,Adv. Mr. Nikhil Nayyar,Adv. Ms. Anagha S. Desai,Adv. Ms. Chandan Ramamurthi,Adv. Mr. Jayant Kumar Mehta,Adv. Ms. Charu Mathur,Adv. Mr. Satpal Singh,Adv. Mr. H. Chandra Sekhar,Adv. Mr. Vishwajit Singh,Adv. Mr. Vijay Kumar,Adv. Mr. P.K. Manohar,Adv. Ms. Sujata Kurdukar,Adv. Mr. Jatin Zaveri,Adv. Mr. Jay Savla,Adv. Mr. Bankey Bihari Sharma,Adv. Mr. Sarad Kumar Singhania,Adv. Mr. Harish Pandey,Adv. Mr. Sanjay Jain,Adv. Ms. Kamakshi S. Mehlwal,Adv. Mr. Garvesh Kabra,Adv. Mr. M.J. Paul,Adv. M/s. Temple Law Firm,AdvS. Mr. Rabin Majumder,Adv. Ms. Garima Prashad,Adv. Mr. Atul Babasaheb Dakh,Adv. Ms. Rashmi Singh,Adv.For Respondent(s) Mr. Shekhar Naphade,Sr.Adv. Mr. Vinay Navare,Adv. Mr. Satyajeet Kumar,Adv. Mr. Keshav Ranjan,Adv. Ms. Abha R. Sharma,Adv. Mr. Shekhar Naphade,Sr.Adv.
Ms. Jayashree Wad,Adv. Mr. Ashish Wad,Adv. Mr. Anshuman Srivastava,Adv. For M/s. J.S. Wad & Co.,Advs. 9Mr. Shekhar Naphade,Sr.Adv.Mr. Chinmoy Khaladkar,Adv.Mr. Arjun Krishnan,Adv.Mr. Tushar Mehta,ASGMr. B.B. Sawhney,Adv.Mr. T.N. Razdan,Adv.Ms. Sunita Sharma,Adv.Mr. R.K. Verma,Adv.Ms. Sushma Suri,Adv.Mr. D.S. Mahra,Adv.Mr. Harin P. Raval,Sr.Adv.Mr. Abhijat P. Medh,Adv.Mr. Nipun Saxena,Adv.Mr. Yadunandan Bansal,Adv.Mr. Kuldeep S. Parihar,Adv.Mr. H.S. Parihar,Adv.Ms. Sonal Jain,Adv.Mr. Rajiv M. Brahma,Adv.Mr. Shankar Chillarge,AAGMr. A.P. Mayee,Adv.Mr. Sachin Patil,Adv.Mr. Sriram P. Pingle,Adv.Ms. Rajani K. Prasad,Adv.Ms. N. Annapoorani,Adv.Ms. Neelam Jain,Adv.Mr. A.D.N. Rao,Adv.Mr. A. Venkatesh,Adv.Mr. Chinmoy Khaladkar,Adv.Mr. Deeptakirti Verma,Adv.Ms. Neha Sharma,Adv.Mr. Anil Kumar Sangal,Adv.Mr. Siddharth Sangal,Adv.Mr. Manish Pitale,Adv.Mr. C.S. Ashri,Adv.Mr. Arvind Kumar,Adv.Ms. Purti Marwaha,Adv.Ms. Henna George,Adv. 10Mr. Tapesh Kumar Singh,Adv.Mr. Mohd. Waquas,Adv.Mr. P.I. Jose,Adv.Mr. Vishwanath Bahuguna,Adv.Mr. C.K. Sasi,Adv.Ms. Swati Setia,Adv.
Mr. D. Bharat Kumar,Adv.Mr. T. Baskar Gowtham,Adv.Mr. Abhijit Sengupta,Adv.Mr. S. Aravindh,Adv.Mr. Vimal Pani,Adv.Mr. Senthil Jagadeesan,Adv.Mr. Sanjay Kharde,Adv.Mr. Preshit Surshe,Adv.Mr. Amol Nirmalkumar Suryawanshi,Adv.Mr. Rajeev K. Panday,Adv.Mr. Rajeev Maheshwaranand Roy,Adv.Mr. Siddhesh Kotwal,Adv.Mr. Annirudh Sharma,Adv.Ms. Shreya Bhatnagar,Adv.Mr. Nirnimesh Dube,Adv.Mr. M.P. Vinod,Adv.Ms. Neelam Saini,Adv.Mr. Dileep Pillai,Adv.Mr. A.K. Jain,Adv.Mr. Uday B. Dube,Adv.M/s. Coac,Advs.Mr. Niraj Sharma,Adv.Mr. M.T. George,Adv.M/s. K.J. John & Co.,Advs.Mr. Shreekant N. Terdal,Adv.Ms. Praveena Gautam,Adv.Mr. Shivaji M. Jadhav,Adv.Mr. Yash Pal Dhingra,Adv.Mr. Anil Kumar Mishra,Adv.Mr. D.M. Nargolkar,Adv.Mr. Piyush Sharma,Adv.Mr. Ravindra Keshavrao Adsure,Adv.Mr. B. Subrahmanya Prasad,Adv. 11 Mr. Subramonium Prasad,Adv. Ms. Hemantika Wahi,Adv. Mr. V.N. Raghupathy,Adv. Mr. Rajiv Shankar Dvivedi,Adv. Mr. S.N. Bhat,Adv. Ms. Anuradha Mutatkar,Adv. M/s. S.M. Jadhav & Company,Advs. Mr. Rajesh Mahale,Adv. Mr. Sudhanshu S. Choudhari,Adv. For M/s. Karanjawala & Co.,Advs. UPON hearing the counsel the Court made the following O R D E R List the matters on 19th November, 2014, asPart-heard.(Sarita Purohit) (Sneh Bala Mehra) Court Master Assistant Registrar
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1 ITEM NO.101 COURT NO.3 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No(s). 5674/2009 PANDURANG GANPATI CHAUGULE Appellant(s) VERSUS VISHWASRAO PATIL MURGUD SAHAKARI BANK L. Respondent(s) (with interim relief and office report) WITH C.A. NO. 5683/2009 (S. IX) (WITH INTERIM RELIEF AND OFFICE REPORT) C.A. NO. 5675/2009 (S. IX) (WITH INTERIM RELIEF AND OFFICE REPORT) C.A. NO. 5681/2009 (S. IX) (WITH OFFICE REPORT) C.A. NO. 5682/2009 (S. IX) (WITH INTERIM RELIEF AND OFFICE REPORT), C.A. NO.5684/2009 (S. IX) (WITH INTERIM RELIEF), SLP(C) NO. 25930/2009 (S. IX) (WITH INTERIM RELIEF AND OFFICE REPORT), SLP(C)NO. 25929/2009 (S. IX) (WITH INTERIM RELIEF AND OFFICE REPORT), C.A. NO. 1468/2010 (S.IV) C.A.NO. 4391/2010 (S. XIA) (WITH OFFICE REPORT), SLP(C) NO.24309/2010 (S. IX), C.A. NO. 7410/2010 (S. IX), W.P.(C) NO. 318/2010 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), SLP(C) NO. 29859/2010 (S.IX) (WITH INTERIM RELIEF AND OFFICE REPORT), W.P.(C) NO. 40/2011 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 41/2011 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 61/2011 (S. X) (WITH APPLN. (S) FOR DIRECTIONS AND PERMISSION TO FILE COUNTER AFFIDAVIT AND STAY AND OFFICE REPORT), SLP(C) NO. 7295-7298/2011 (S. IVA) (WITH OFFICE REPORT), C.A. NO. 2440/2011 (S. IX) (WITH OFFICE REPORT), W.P.(C) NO. 220/2011 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 269/2011 (S. X) (WITH APPLN. (S) FOR STAY AND VACATING STAY AND OFFICE REPORT), W.P.(C) NO. 293/2011 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 306/2011 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 308/2011 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), SLP(C)NO. 21260/2011 (S. IX) (WITH INTERIM RELIEF AND OFFICE REPORT), SLP(C) NO. 22304-22305/2011 (S.IX) (WITH OFFICE REPORT), W.P.(C) NO. 338/2011 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 367/2011 (S. X) (WITH APPLN. (S) FOR DIRECTIONS AND INTERIM DIRECTIONS AND OFFICE REPORT), SLP(C) NO. 24479-24480/2011 (S. IX) (WITH INTERIM RELIEF AND OFFICE REPORT), W.P.(C) NO. 375/2011 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 378/2011 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 411/2011 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 484/2011 (S. X) (WITH APPLN. (S) FOR STAY AND VACATING INTERIM ORDER AND OFFICE REPORT), W.P.
2 (C) NO. 531/2011 (S. X) (WITH APPLN. (S)FOR STAY AND VACATING INTERIM ORDER AND OFFICE REPORT), W.P.(C) NO. 529/2011 (S. X) (WITH APPLN. (S) FOR STAY AND VACATING INTERIM ORDER AND OFFICE REPORT), W.P.(C) NO. 5/2012 (S.X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 48/2012 (S. X) (WITH APPLN.(S) FOR STAY AND AMENDMENT OF THE PETITION AND OFFICE REPORT), W.P.(C) NO. 97/2012 (S.X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P. (C) NO. 103/2012 (S. X) (WITH APPLN.(S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 111/2012 (S. X) (WITH APPLN. (S) FOR STAY AND VACATING INTERIM ORDER AND OFFICE REPORT), W.P.(C) NO. 123/2012 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 122/2012 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P. (C) NO. 199/2012 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 249/2012 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 250/2012 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 248/2012 (S. X) (WITH APPLN. (S) FOR STAY AND VACATING INTERIM ORDER AND OFFICE REPORT), SLP(C) NO. 18732-18733/2012 (S. IVA) (WITH INTERIM RELIEF AND OFFICE REPORT), W.P.(C) NO. 291/2012 (S. X) (WITH APPLN. (S) FOR EX-PARTE STAY AND OFFICE REPORT), W.P.(C) NO. 293/2012 (S. X) (WITH APPLN. (S) FOR EX-PARTE STAY AND OFFICE REPORT), SLP(C) NO. 24276/2012 (S. IVA) (WITH INTERIM RELIEF AND OFFICE REPORT), W.P.(C) NO. 371/2012 (S. X) (WITH APPLN. (S) FOR EX-PARTE STAY AND OFFICE REPORT), W.P.(C) NO.369/2012 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 386/2012 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), SLP(C) NO. 30568/2012 (S. IX) (WITH INTERIM RELIEF AND OFFICE REPORT), W.P.(C) NO. 461/2012 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 460/2012(S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P. (C) NO. 487/2012 (S.X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 490/2012 (S. X) (WITH APPLN. (S) FOR STAY AND VACATING STAY AND OFFICE REPORT), W.P.(C) NO. 521/2012 (S. X) (WITH APPLN. (S)FOR STAY AND VACATING STAY AND OFFICE REPORT), W.P.(C) NO. 537/2012 (S. X) (WITH APPLN. (S)FOR STAY AND PERMISSION TO FILE ADDITIONAL DOCUMENTS AND OFFICE REPORT), W.P. (C) NO. 554/2012 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 6/2013 (S. X) (WITH APPLN. (S) FOR STAY AND VACATING STAY AND OFFICE REPORT), W.P.(C) NO. 7/2013 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 37/2013 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 36/2013 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) W.P.(C) NO. 52/2013 (S. X) (WITH APPLN. (S) FOR STAY AND CLARIFICATION OF COURT'S ORDER AND OFFICE REPORT), W.P.(C) NO. 51/2013 (S. X) (WITH APPLN. (S) FOR CLARIFICATION OF COURT'S ORDER AND STAY AND OFFICE REPORT), W.P.(C) NO. 58/2013 (S. X) (WITH APPLN. (S) FOR STAY AND CLARIFICATION OF COURT'S ORDER AND OFFICE REPORT), W.P.(C) NO. 112/2013 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P. (C) NO. 111/2013 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 138/2013 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 146/2013 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 151/2013 (S.X) (WITH APPLN.
3 (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 175/2013 (S. X) (WITH APPLN.(S) FOR STAY AND OFFICE REPORT), SLP(C) NO. 12916/2013 (S. XIA) (WITH INTERIM RELIEF AND OFFICE REPORT), W.P.(C) NO. 179/2013 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 181/2013 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), SLP(C) NO. 13100/2013 (S. IX) (WITH INTERIM RELIEF AND OFFICE REPORT), W.P.(C) NO. 191/2013 (S. X) (WITH APPLN. (S) FOR STAY AND VACATION OF EX-PARTE STAY AND OFFICE REPORT), W.P.(C) NO. 192/2013 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), SLP(C) NO. 15634-15635/2013 (S. IVA) (WITH OFFICE REPORT), W.P.(C) NO. 201/2013 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), SLP(C) NO.15507/2013 (S. IX) (WITH OFFICE REPORT), W.P.(C) NO. 233/2013 (S. X) (WITH APPLN. (S) FOR STAY AND SUBSTITUTION OF RESPONDENT AND OFFICE REPORT), W.P.(C) NO. 236/2013 (S. X) (WITH APPLN.(S) FOR STAY AND SUBSTITUTION OF RESPONDENT AND OFFICE REPORT), W.P.(C) NO. 238/2013 (S.X) (WITH APPLN. (S) FOR STAY AND SUBSTITUTION OF RESPONDENT AND OFFICE REPORT), W.P.(C)NO. 248/2013 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 253/2013 (S. X) (WITH APPLN. (S) FOR STAY AND VACATING STAY AND OFFICE REPORT), W.P.(C) NO. 250/2013 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), SLP(C) NO. 17054/2013 (S. IX) (WITH INTERIM RELIEF AND OFFICE REPORT), SLP(C) NO. 18775/2013 (S. IX) (WITH INTERIM RELIEF AND OFFICE REPORT), SLP(C) NO. 18777/2013 (S. IX) (WITH INTERIM RELIEF AND OFFICE REPORT), W.P.(C) NO. 264/2013 (S.X) (WITH APPLN. (S) FOR STAY AND IMPLEADMENT AND OFFICE REPORT) , W.P.(C) NO. 270/2013 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 271/2013 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 265/2013 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 266/2013 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 280/2013 (S. X) (WITH OFFICE REPORT), W.P.(C) NO. 279/2013 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 284/2013 (S. X) (WITH APPLN. (S) FOR STAY AND IMPLEADMENT AND OFFICE REPORT), W.P.(C) NO. 285/2013 (S. X) (WITH APPLN. (S) FOR STAY AND VACATING INTERIM ORDER AND OFFICE REPORT), W.P.(C) NO. 353/2013 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 452/2013 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P. (C)NO. 469/2013 (S. X) (WITH OFFICE REPORT), W.P.(C) NO. 588/2013 (S. X) (WITH APPLN. (S) FOR STAY AND IMPLEADMENT AS PARTY RESPONDENT AND IMPLEADMENT AND OFFICE REPORT), SLP(C) NO.25126/2013 (S. IX) (WITH INTERIM RELIEF), CONMT.PET.(C) NO. 320/2013 IN SLP(C) NO. 15507/2013 (S.IX) , SLP(C) NO. 29721/2013 (S. IX) (WITH OFFICE REPORT) , SLP(C) NO. 29720/2013 (S. IX) (WITH OFFICE REPORT), W.P.(C) NO. 762/2013 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO.753/2013 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 758/2013 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 761/2013 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 800/2013 (S. X) (WITH APPLN. (S) FOR DIRECTIONS AND OFFICE REPORT), W.P.(C) NO. 819/2013 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) , W.P.(C) NO. 868/2013 (S. X) (WITH APPLN. (S) FOR
4 INTERIM DIRECTIONS AND DIRECTIONS) , W.P.(C) NO. 877/2013 (S. X) (WITH APPLN. (S) FOR DIRECTIONS AND OFFICE REPORT), W.P.(C) NO. 922/2013 (S. X) (WITH APPLN. (S) FOR DIRECTIONS AND OFFICE REPORT) , SLP(C) NO. 35137/2013 (S. IX) (WITH INTERIM RELIEF AND OFFICE REPORT), W.P.(C) NO. 1007/2013 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 1037/2013 (S. X) (WITH APPLN. (S) FOR STAY AND DIRECTIONS AND OFFICE REPORT), W.P.(C) NO. 1043/2013 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 1044/2013 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 1045/2013 (S.X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 5/2014 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 10/2014 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 33/2014 (S. X) (WITH APPLN. (S) FOR STAY AND IMPLEADMENT AND OFFICE REPORT), W.P.(C) NO. 40/2014 (S. X) (WITH APPLN. (S) FOR DIRECTIONS AND OFFICE REPORT), W.P.(C) NO. 120/2014 (S. X) (WITH APPLN. (S) FOR STAY AND VACATING INTERIM RELIEF AND OFFICE REPORT), W.P.(C) NO. 142/2014 (S. X) (WITH APPLN. (S) FOR EX-PARTE STAY AND OFFICE REPORT), W.P.(C) NO. 168/2014 (S. X) (WITH APPLN. (S) FOR STAY AND VACATING STAY AND OFFICE REPORT), W.P.(C) NO. 169/2014 (S. X) (WITH APPLN. (S) FOR STAY AND VACATING STAY AND OFFICE REPORT), W.P.(C) NO. 208/2014(S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 240/2014 (S.X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P. (C) NO. 272/2014 (S. X) (WITH APPLN. (S) FOR EX-PARTE STAY AND OFFICE REPORT), W.P.(C) NO. 352/2014 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), S.L.P.(C)... /2014 CC NO. 7586 (S. IVA) (WITH APPLN. (S) FOR C/DELAY IN FILING SLP AND OFFICE REPORT), W.P.(C) NO. 408/2014 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 417/2014 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 420/2014 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 421/2014 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 492/2014 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 712/2014 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 714/2014 (S. X) (WITH APPLN. (S) FOR STAY), W.P.(C) NO. 737/2014 (S. X) (WITH APPLN. (S)FOR STAY AND OFFICE REPORT) , W.P.(C) NO. 738/2014 (S. X) (WITH APPLN. (S) FOR EX-PARTE STAY AND STAY AND OFFICE REPORT), W.P.(C) NO. 740/2014 (S. X) (WITH APPLN. (S) FOR EX-PARTE STAY AND STAY AND OFFICE REPORT), W.P.(C) NO. 739/2014 (S. X) (WITH APPLN. (S) FOR EX-PARTE STAY AND STAY AND OFFICE REPORT), W.P.(C) NO. 754/2014 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 756/2014 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C)NO. 779/2014 (S. X) (WITH APPLN. (S) FOR STAY AND EXEMPTION FROM FILING O.T. AND OFFICE REPORT), W.P.(C) NO. 795/2014 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 849/2014 (S. X) (WITH APPLN. (S) FOR EX-PARTE STAY AND OFFICE REPORT), W.P.(C) NO. 838/2014 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 827/2014 (S. X) (WITH APPLN. (S)FOR EX-PARTE STAY AND OFFICE REPORT), W.P.(C) NO. 929/2014 (S. X) (WITH APPLN. (S) FOR INTERIM RELIEF AND OFFICE REPORT)
5 Date : 12/11/2014 These appeals and petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE KURIAN JOSEPH For Petitioner /Appellant MR. S. R. SINGH, SR. ADV. MR. ANKUR PRAKASH, ADV. MR. AVNISH SINGH, ADV. MR. SUSHANT K. YADAV, ADV. MR. AJIT KUMAR SINHA, SR. ADV. MR. R. SUDHINDER, ADV. MR. ABHISHEK PRASAD, ADV. MR. ASHOK MATHUR, ADV. MR. CHIRAG M. SHROFF, ADV. MS. PRIYANKA RAI, ADV. MR. RENJITH B. MARAR, ADV. MS. LAKSHMI N. KAIMAL, ADV. MR. K. L. TANEJA, ADV. MR. DEVANSH A. MEHTA, ADV. MR. SHISHIR DESHPANDE, ADV. MS. SUJATA KURDUKAR, ADV. MR. RAMESHWAR PRASAD GOYAL, ADV. MR. T. N. SINGH, ADV. MR. RANDHIR KUMAR, ADV. MR. SOURABH KUMAR, ADV. MR. N. D. B. RAJU, ADV. MS. BHARATHI R., ADV. MR. N. GANPATHY, ADV. MR. JAYANT K. MEHTA, ADV. MR. SUKSHAM CHAUHAN, ADV. MS. MADHAVI KHURE, ADV. MR. S. WASIM A. QADRI, ADV. MR. ZAID ALI, ADV. MR. L. R. SINGH, ADV. MR. JAYANTH MUTHRAJ, ADV. MS. MALAVIKA J., ADV. MR. SURESHAN P., ADV. MS. S. RAVISHANKAR, ADV.
6 MS. S. YAMUNAH NACHIAR, ADV. MR. S. SADASIVA REDDY, ADV. MS. S. USHA REDDY, ADV. MR. V. K. BIJU, ADV. MR. VINEET BHAGAT, ADV. MR. ANIRUDH SANGANERIA, ADV. MR. MUKUL KUMAR, ADV. MR. S. S. RAY, ADV. MS. RAKHI RAY, ADV. MR. VAIBHAV GULIA, ADV. MR. S. KULKARNI, ADV. MR. M. GIREESH KUMAR, ADV. MR. ANKUR S. KULKARNI, ADV. For Respondent MR. TUSHAR MEHTA, ASG MR. B. B. SAWHNEY, SR. ADV. MS. SUNITA SHARMA, ADV. MR. RAVINDERA KUMAR VERMA, ADV. MS. SUSHMA SURI, ADV. MR. SHEKHAR NAPHADE, SR. ADV. MR. ASHISH WAD, ADV. MR. ANSHUMAN SRIVASTAVA, ADV. MR. CHINMOY KHALADKAR, ADV. MS. SHUBHANGI TULI, ADV. MR. JAIDEEP GUPTA, SR. ADV. MR. KULDEEP S. PARIHAR, ADV. MR. H. S. PARIHAR, ADV. Mr. H.P. RAWAL, SR. ADV. MR. ABHIJEET P. MEDH, ADV. MR. NIPUN SAXENA, ADV. MR. SHYAM DIVAN, SR. ADV. MR. ARJUN KRISHNAN, ADV. MR. SANJAY KHARDE, ADV. MR. PRESHIT SURSHE, ADV. MR. DEBMALYA BANERJEE, ADV. MR. DILPREET SINGH, ADV. MR. AVIJIT SAXENA, ADV. MS. JAIMEET KUMAR, ADV. MRS. MANIK KARANJAWALA, ADV. FOR M/S KARANJAWALA & CO.
7 MRS. RAJANI K. PRASAD, ADV. MS. N. ANNAPOORANI, ADV. MR. VINAY NAVARE, ADV. MR. SATYAJEEET KUMAR, ADV. MR. KESHAV RANJAN, ADV. MS. ABHA R. SHARMA, ADV. MR. S. ARAVINDH, ADV. MR. A. LAKSHMI NARAYANAN, ADV. MR. TRILOKI NATH RAZDAN, ADV. MR. SHANKAR CHILLARGE, ADV. FOR MR. A.P. MAYEE, ADV. MR. P.I.JOSE, ADV. MR. VISHWANATH BAHUGUNA, ADV. MS. PRAVEENA GAUTAM, ADV. MR. DEEPAK TYAGI, ADV. MS. PUSSHP GUPTA, ADV. MR. RAJEEV K. PANDEY, ADV. MR. RAJEEV M. ROY, ADV. MR. MANISH PITALE, ADV. MR. SUBRAMONIUM PRASAD, ADV. MR. SURESH DHOBHAL, ADV. MS. MEHA AGGARWAL, ADV. MR. NEEELA GOKHALE, ADV. MR. NIKHIL BORWANKAR, ADV. MR. VISHWAJIT SINGH, ADV. MR. ANIL KUMAR SANGAL, ADV. MR. SIDDHARTH SANGAL, ADV. MR. CHINMOY KHALODKAR, ADV. MS. NEHA SHARMA, ADV. MR. DEEPTAKIRTI VERMA, ADV. MR. PURTI MARWAHA, ADV. MS. HENNA GEORGE, ADV. MR. C. S. CHAUHAN, ADV. MR. NIKHIL GOEL, ADV. MS. NAVEEN GOEL, ADV. MR. MARSOOK BAFAKI, ADV.
8 MR. SONAL JAIN, ADV. MS. ANINDITA SAH, ADV. MS. MEGHA SETHI, ADV. MS. HINA, ADV. MS. NEELAM SAINI, ADV. MR. DILEEP PILLAI, ADV. MR. A.K.JAIN, ADV. MR. SIDDHESH KOTWAL, ADV. MR. ANNIRUDH SHARMA, ADV. MS. SHREYA BHATNAGAR, ADV. MR. D. BHARAT KUMAR, ADV. MR. T. BASKAR GOWTHAM, ADV. MR. ABHIJEET SENGUPTA, ADV. MR. SUNIL KUMAR VERMA, MR. NIKHIL NAYYAR, MS. ANAGHA S. DESAI, MS. CHANDAN RAMAMURTHI, MS. CHARU MATHUR, MR. A. VENAYAGAM BALAN, MR. SATPAL SINGH, MR. H. CHANDRA SEKHAR, MR. VIJAY KUMAR, MR. P. K. MANOHAR, MR. JATIN ZAVERI, MR. JAY SAVLA, MR. BANKEY BIHARI SHARMA, MR. LAKSHMI RAMAN SINGH, MR. GAURAV AGRAWAL, MR. N. GANPATHY, MR. S. RAVI SHANKAR, MR. SARAD KUMAR SINGHANIA, MR. HARISH PANDEY, MR. P. S.SUDHEER, MR. MUKUL KUMAR, MR. SANJAY JAIN, MS. PRAGYA BAGHEL, MR. ANKUR S. KULKARNI, MS. KAMAKSHI S. MEHLWAL, MR. E. C. AGRAWALA, MR. GARVESH KABRA, MR. IRSHAD AHMAD, MR. M. J. PAUL, M/S. TEMPLE LAW FIRM, MR. RABIN MAJUMDER, MS. GARIMA PRASHAD, MS. ASHA GOPALAN NAIR, MR. ATUL BABASAHEB DAKH, MS. RASHMI SINGH, MR. SANTOSH KRISHNAN, MR. SUDHANSHU S. CHOUDHARI, MR. CHANDER SHEKHAR ASHRIMR. H. S. PARIHAR, MR. UDAY B. DUBE, M/S. COAC, MR. ASHOK K. MAHAJAN, MR. NIRAJ SHARMA, MR. M. T. GEORGE, M/S. K. J. JOHN & CO., MR. SHREEKANT N. TERDAL, M/S. J. S. WAD & CO., MR. S. N. BHAT, MR. M. J. PAUL, MR. TAPESH KUMAR SINGH, M/S. DUA ASSOCIATES, MR. RAJEEV MAHESHWARANAND ROY, MS. PRAVEENA GAUTAM, MR. SHIVAJI M. JADHAV, MR. S. N. BHAT, MR. V. N. RAGHUPATHY, MR. C. K. SASI, MR. MOHIT KUMAR SHAH, MR. YASH PAL DHINGRA, MR. ANIL KUMAR MISHRA, MS. A. SUMATHI, MR. M. Y. DESHMUKH, MR. D. M. NARGOLKAR, MR. PIYUSH SHARMA, MR. ABHIJIT SENGUPTA, MR. SENTHIL JAGADEESAN, MR. RAVINDRA KESHAVRAO ADSURE, MR. AMOL NIRMALKUMAR SURYAWANSHI, MR. ARJUN KRISHNAN, MR. GAURAV AGRAWAL, MR. SHRIRAM P. PINGLE, MS. BHARTI TYAGI, MR. SONAL JAIN, MR. B. SUBRAHMANYA PRASAD, MS. HEMANTIKA WAHI, MR.NIRNIMESH DUBE, MR. RAJIV SHANKAR DVIVEDI, MS. ANURADHA MUTATKAR, M/S. S.M. JADHAV & COMPANY, MR. RAJESH MAHALE, MR. ANIL KUMAR SANGAL, MR. M. P. VINOD
9 UPON hearing counsel the Court made the following O R D E R List tomorrow i.e. on 13.11.2014 as part heard. (Jayant Kumar Arora) Sr. P.A. (Sneh Bala Mehra) Assistant Registrar
\\233 1 ITEM NO.101 COURT NO.3 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No(s). 5674/2009 PANDURANG GANPATI CHAUGULE Appellant(s) VERSUS VISHWASRAO PATIL MURGUD SAHAKARI BANK L. Respondent(s) (with interim relief and office report) WITH C.A. NO. 5683/2009 (S. IX) (WITH INTERIM RELIEF AND OFFICE REPORT) C.A. NO. 5675/2009 (S. IX) (WITH INTERIM RELIEF AND OFFICE REPORT) C.A. NO. 5681/2009 (S. IX) (WITH OFFICE REPORT) C.A. NO. 5682/2009 (S. IX) (WITH INTERIM RELIEF AND OFFICE REPORT), C.A. NO.5684/2009 (S. IX) (WITH INTERIM RELIEF), SLP(C) NO. 25930/2009 (S. IX) (WITH INTERIM RELIEF AND OFFICE REPORT), SLP(C)NO. 25929/2009 (S. IX) (WITH INTERIM RELIEF AND OFFICE REPORT), C.A. NO. 1468/2010 (S.IV) C.A.NO. 4391/2010 (S. XIA) (WITH OFFICE REPORT), SLP(C) NO.24309/2010 (S. IX), C.A. NO. 7410/2010 (S. IX), W.P.(C) NO. 318/2010 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), SLP(C) NO. 29859/2010 (S.IX) (WITH INTERIM RELIEF AND OFFICE REPORT), W.P.(C) NO. 40/2011 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 41/2011 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 61/2011 (S. X) (WITH APPLN. (S) FOR DIRECTIONS AND PERMISSION TO FILE COUNTER AFFIDAVIT AND STAY AND OFFICE REPORT), SLP(C) NO. 7295-7298/2011 (S. IVA) (WITH OFFICE REPORT), C.A. NO. 2440/2011 (S. IX) (WITH OFFICE REPORT), W.P.(C) NO. 220/2011 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 269/2011 (S. X) (WITH APPLN. (S) FOR STAY AND VACATING STAY AND OFFICE REPORT), W.P.(C) NO. 293/2011 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 306/2011 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 308/2011 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), SLP(C)NO. 21260/2011 (S. IX) (WITH INTERIM RELIEF AND OFFICE REPORT), SLP(C) NO. 22304-22305/2011 (S.IX) (WITH OFFICE REPORT), W.P.(C) NO. 338/2011 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 367/2011 (S. X) (WITH APPLN. (S) FOR DIRECTIONS AND INTERIM DIRECTIONS AND OFFICE REPORT), SLP(C) NO.Signature Not Verified 24479-24480/2011 (S. IX) (WITH INTERIM RELIEF AND OFFICE REPORT),Digitally signed by W.P.(C) NO. 375/2011 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICEJayant Kumar AroraDate: 2014.11.1511:29:14 IST REPORT), W.P.(C) NO. 378/2011 (S. X) (WITH APPLN. (S) FOR STAY ANDReason: OFFICE REPORT), W.P.(C) NO. 411/2011 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 484/2011 (S. X) (WITH APPLN. (S) FOR STAY AND VACATING INTERIM ORDER AND OFFICE REPORT), W.P. 2(C) NO. 531/2011 (S. X) (WITH APPLN. (S)FOR STAY AND VACATINGINTERIM ORDER AND OFFICE REPORT), W.P.(C) NO. 529/2011 (S. X)(WITH APPLN. (S) FOR STAY AND VACATING INTERIM ORDER AND OFFICEREPORT), W.P.(C) NO. 5/2012 (S.X) (WITH APPLN. (S) FOR STAY ANDOFFICE REPORT), W.P.(C) NO. 48/2012 (S. X) (WITH APPLN.(S) FOR
STAY AND AMENDMENT OF THE PETITION AND OFFICE REPORT), W.P.(C) NO.97/2012 (S.X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 103/2012 (S. X) (WITH APPLN.(S) FOR STAY AND OFFICEREPORT), W.P.(C) NO. 111/2012 (S. X) (WITH APPLN. (S) FOR STAY ANDVACATING INTERIM ORDER AND OFFICE REPORT), W.P.(C) NO. 123/2012(S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO.122/2012 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 199/2012 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICEREPORT), W.P.(C) NO. 249/2012 (S. X) (WITH APPLN. (S) FOR STAY ANDOFFICE REPORT), W.P.(C) NO. 250/2012 (S. X) (WITH APPLN. (S) FORSTAY AND OFFICE REPORT), W.P.(C) NO. 248/2012 (S. X) (WITH APPLN.(S) FOR STAY AND VACATING INTERIM ORDER AND OFFICE REPORT), SLP(C)NO. 18732-18733/2012 (S. IVA) (WITH INTERIM RELIEF AND OFFICEREPORT), W.P.(C) NO. 291/2012 (S. X) (WITH APPLN. (S) FOR EX-PARTESTAY AND OFFICE REPORT), W.P.(C) NO. 293/2012 (S. X) (WITH APPLN.(S) FOR EX-PARTE STAY AND OFFICE REPORT), SLP(C) NO. 24276/2012(S. IVA) (WITH INTERIM RELIEF AND OFFICE REPORT), W.P.(C) NO.371/2012 (S. X) (WITH APPLN. (S) FOR EX-PARTE STAY AND OFFICEREPORT), W.P.(C) NO.369/2012 (S. X) (WITH APPLN. (S) FOR STAY ANDOFFICE REPORT), W.P.(C) NO. 386/2012 (S. X) (WITH APPLN. (S) FORSTAY AND OFFICE REPORT), SLP(C) NO. 30568/2012 (S. IX) (WITHINTERIM RELIEF AND OFFICE REPORT), W.P.(C) NO. 461/2012 (S. X)(WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO.460/2012(S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 487/2012 (S.X) (WITH APPLN. (S) FOR STAY AND OFFICEREPORT), W.P.(C) NO. 490/2012 (S. X) (WITH APPLN. (S) FOR STAY ANDVACATING STAY AND OFFICE REPORT), W.P.(C) NO. 521/2012 (S. X)(WITH APPLN. (S)FOR STAY AND VACATING STAY AND OFFICE REPORT),W.P.(C) NO. 537/2012 (S. X) (WITH APPLN. (S)FOR STAY ANDPERMISSION TO FILE ADDITIONAL DOCUMENTS AND OFFICE REPORT), W.P.(C) NO. 554/2012 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICEREPORT), W.P.(C) NO. 6/2013 (S. X) (WITH APPLN. (S) FOR STAY ANDVACATING STAY AND OFFICE REPORT), W.P.(C) NO. 7/2013 (S. X) (WITHAPPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 37/2013 (S. X)(WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 36/2013(S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT) W.P.(C) NO.52/2013 (S. X) (WITH APPLN. (S) FOR STAY AND CLARIFICATION OFCOURT'S ORDER AND OFFICE REPORT), W.P.(C) NO. 51/2013 (S. X) (WITHAPPLN. (S) FOR CLARIFICATION OF COURT'S ORDER AND STAY AND OFFICEREPORT), W.P.(C) NO. 58/2013 (S. X) (WITH APPLN. (S) FOR STAYAND CLARIFICATION OF COURT'S ORDER AND OFFICE REPORT), W.P.(C) NO.112/2013 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 111/2013 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICEREPORT), W.P.(C) NO. 138/2013 (S. X) (WITH APPLN. (S) FOR STAY ANDOFFICE REPORT), W.P.(C) NO. 146/2013 (S. X) (WITH APPLN. (S) FORSTAY AND OFFICE REPORT), W.P.(C) NO. 151/2013 (S.X) (WITH APPLN. 3(S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 175/2013 (S. X) (WITHAPPLN.(S) FOR STAY AND OFFICE REPORT), SLP(C) NO. 12916/2013 (S.XIA) (WITH INTERIM RELIEF AND OFFICE REPORT), W.P.(C) NO. 179/2013(S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO.181/2013 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT),SLP(C) NO. 13100/2013 (S. IX) (WITH INTERIM RELIEF AND OFFICEREPORT), W.P.(C) NO. 191/2013 (S. X) (WITH APPLN. (S) FOR STAY ANDVACATION OF EX-PARTE STAY AND OFFICE REPORT), W.P.(C) NO. 192/2013(S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), SLP(C) NO.15634-15635/2013 (S. IVA) (WITH OFFICE REPORT), W.P.(C) NO.201/2013 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT),SLP(C) NO.15507/2013 (S. IX) (WITH OFFICE REPORT), W.P.(C) NO.233/2013 (S. X) (WITH APPLN. (S) FOR STAY AND SUBSTITUTION OFRESPONDENT AND OFFICE REPORT), W.P.(C) NO. 236/2013 (S. X) (WITHAPPLN.(S) FOR STAY AND SUBSTITUTION OF RESPONDENT AND OFFICEREPORT), W.P.(C) NO. 238/2013 (S.X) (WITH APPLN. (S) FOR STAY ANDSUBSTITUTION OF RESPONDENT AND OFFICE REPORT), W.P.(C)NO. 248/2013(S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO.253/2013 (S. X) (WITH APPLN. (S) FOR STAY AND VACATING STAY ANDOFFICE REPORT), W.P.(C) NO. 250/2013 (S. X) (WITH APPLN. (S) FORSTAY AND OFFICE REPORT), SLP(C) NO. 17054/2013 (S. IX) (WITH
INTERIM RELIEF AND OFFICE REPORT), SLP(C) NO. 18775/2013 (S. IX)(WITH INTERIM RELIEF AND OFFICE REPORT), SLP(C) NO. 18777/2013 (S.IX) (WITH INTERIM RELIEF AND OFFICE REPORT), W.P.(C) NO. 264/2013(S.X) (WITH APPLN. (S) FOR STAY AND IMPLEADMENT AND OFFICE REPORT), W.P.(C) NO. 270/2013 (S. X) (WITH APPLN. (S) FOR STAY ANDOFFICE REPORT), W.P.(C) NO. 271/2013 (S. X) (WITH APPLN. (S)FOR STAY AND OFFICE REPORT), W.P.(C) NO. 265/2013 (S. X) (WITHAPPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 266/2013 (S.X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO.280/2013 (S. X) (WITH OFFICE REPORT), W.P.(C) NO. 279/2013 (S. X)(WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 284/2013(S. X) (WITH APPLN. (S) FOR STAY AND IMPLEADMENT AND OFFICEREPORT), W.P.(C) NO. 285/2013 (S. X) (WITH APPLN. (S) FOR STAY ANDVACATING INTERIM ORDER AND OFFICE REPORT), W.P.(C) NO. 353/2013(S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO.452/2013 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C)NO. 469/2013 (S. X) (WITH OFFICE REPORT), W.P.(C) NO. 588/2013(S. X) (WITH APPLN. (S) FOR STAY AND IMPLEADMENT AS PARTYRESPONDENT AND IMPLEADMENT AND OFFICE REPORT), SLP(C)NO.25126/2013 (S. IX) (WITH INTERIM RELIEF), CONMT.PET.(C) NO.320/2013 IN SLP(C) NO. 15507/2013 (S.IX) , SLP(C) NO. 29721/2013(S. IX) (WITH OFFICE REPORT) , SLP(C) NO. 29720/2013 (S. IX) (WITHOFFICE REPORT), W.P.(C) NO. 762/2013 (S. X) (WITH APPLN. (S) FORSTAY AND OFFICE REPORT), W.P.(C) NO.753/2013 (S. X) (WITH APPLN.(S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 758/2013 (S. X) (WITHAPPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 761/2013 (S.X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO.800/2013 (S. X) (WITH APPLN. (S) FOR DIRECTIONS AND OFFICEREPORT), W.P.(C) NO. 819/2013 (S. X) (WITH APPLN. (S) FOR STAY ANDOFFICE REPORT) , W.P.(C) NO. 868/2013 (S. X) (WITH APPLN. (S) FOR 4INTERIM DIRECTIONS AND DIRECTIONS) , W.P.(C) NO. 877/2013 (S.X) (WITH APPLN. (S) FOR DIRECTIONS AND OFFICE REPORT), W.P.(C) NO.922/2013 (S. X) (WITH APPLN. (S) FOR DIRECTIONS AND OFFICE REPORT), SLP(C) NO. 35137/2013 (S. IX) (WITH INTERIM RELIEF AND OFFICEREPORT), W.P.(C) NO. 1007/2013 (S. X) (WITH APPLN. (S) FOR STAYAND OFFICE REPORT), W.P.(C) NO. 1037/2013 (S. X) (WITH APPLN. (S)FOR STAY AND DIRECTIONS AND OFFICE REPORT), W.P.(C) NO. 1043/2013(S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO.1044/2013 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT),W.P.(C) NO. 1045/2013 (S.X) (WITH APPLN. (S) FOR STAY AND OFFICEREPORT), W.P.(C) NO. 5/2014 (S. X) (WITH APPLN. (S) FOR STAY ANDOFFICE REPORT), W.P.(C) NO. 10/2014 (S. X) (WITH APPLN. (S) FORSTAY AND OFFICE REPORT), W.P.(C) NO. 33/2014 (S. X) (WITH APPLN.(S) FOR STAY AND IMPLEADMENT AND OFFICE REPORT), W.P.(C) NO.40/2014 (S. X) (WITH APPLN. (S) FOR DIRECTIONS AND OFFICE REPORT),W.P.(C) NO. 120/2014 (S. X) (WITH APPLN. (S) FOR STAY AND VACATINGINTERIM RELIEF AND OFFICE REPORT), W.P.(C) NO. 142/2014 (S. X)(WITH APPLN. (S) FOR EX-PARTE STAY AND OFFICE REPORT), W.P.(C) NO.168/2014 (S. X) (WITH APPLN. (S) FOR STAY AND VACATING STAY ANDOFFICE REPORT), W.P.(C) NO. 169/2014 (S. X) (WITH APPLN. (S) FORSTAY AND VACATING STAY AND OFFICE REPORT), W.P.(C) NO. 208/2014(S.X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO.240/2014 (S.X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 272/2014 (S. X) (WITH APPLN. (S) FOR EX-PARTE STAY ANDOFFICE REPORT), W.P.(C) NO. 352/2014 (S. X) (WITH APPLN. (S) FORSTAY AND OFFICE REPORT), S.L.P.(C)... /2014 CC NO. 7586 (S. IVA)(WITH APPLN. (S) FOR C/DELAY IN FILING SLP AND OFFICE REPORT),W.P.(C) NO. 408/2014 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICEREPORT), W.P.(C) NO. 417/2014 (S. X) (WITH APPLN. (S) FOR STAY ANDOFFICE REPORT), W.P.(C) NO. 420/2014 (S. X) (WITH APPLN. (S) FORSTAY AND OFFICE REPORT), W.P.(C) NO. 421/2014 (S. X) (WITH APPLN.(S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 492/2014 (S. X) (WITHAPPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 712/2014 (S.X) (WITH APPLN. (S) FOR STAY AND OFFICE REPORT), W.P.(C) NO.714/2014 (S. X) (WITH APPLN. (S) FOR STAY), W.P.(C) NO. 737/2014(S. X) (WITH APPLN. (S)FOR STAY AND OFFICE REPORT) , W.P.(C) NO.738/2014 (S. X) (WITH APPLN. (S) FOR EX-PARTE STAY AND STAY AND
OFFICE REPORT), W.P.(C) NO. 740/2014 (S. X) (WITH APPLN. (S) FOREX-PARTE STAY AND STAY AND OFFICE REPORT), W.P.(C) NO. 739/2014(S. X) (WITH APPLN. (S) FOR EX-PARTE STAY AND STAY AND OFFICEREPORT), W.P.(C) NO. 754/2014 (S. X) (WITH APPLN. (S) FOR STAY ANDOFFICE REPORT), W.P.(C) NO. 756/2014 (S. X) (WITH APPLN. (S) FORSTAY AND OFFICE REPORT), W.P.(C)NO. 779/2014 (S. X) (WITH APPLN.(S) FOR STAY AND EXEMPTION FROM FILING O.T. AND OFFICE REPORT),W.P.(C) NO. 795/2014 (S. X) (WITH APPLN. (S) FOR STAY AND OFFICEREPORT), W.P.(C) NO. 849/2014 (S. X) (WITH APPLN. (S) FOR EX-PARTESTAY AND OFFICE REPORT), W.P.(C) NO. 838/2014 (S. X) (WITH APPLN.(S) FOR STAY AND OFFICE REPORT), W.P.(C) NO. 827/2014 (S. X) (WITHAPPLN. (S)FOR EX-PARTE STAY AND OFFICE REPORT), W.P.(C) NO.929/2014 (S. X) (WITH APPLN. (S) FOR INTERIM RELIEF AND OFFICEREPORT) 5Date : 12/11/2014 These appeals and petitions were called on forhearing today.CORAM : HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE KURIAN JOSEPHFor Petitioner/Appellant MR. S. R. SINGH, SR. ADV. MR. ANKUR PRAKASH, ADV. MR. AVNISH SINGH, ADV. MR. SUSHANT K. YADAV, ADV. MR. AJIT KUMAR SINHA, SR. ADV. MR. R. SUDHINDER, ADV. MR. ABHISHEK PRASAD, ADV. MR. ASHOK MATHUR, ADV. MR. CHIRAG M. SHROFF, ADV. MS. PRIYANKA RAI, ADV. MR. RENJITH B. MARAR, ADV. MS. LAKSHMI N. KAIMAL, ADV. MR. K. L. TANEJA, ADV. MR. DEVANSH A. MEHTA, ADV. MR. SHISHIR DESHPANDE, ADV. MS. SUJATA KURDUKAR, ADV. MR. RAMESHWAR PRASAD GOYAL, ADV. MR. T. N. SINGH, ADV. MR. RANDHIR KUMAR, ADV. MR. SOURABH KUMAR, ADV. MR. N. D. B. RAJU, ADV. MS. BHARATHI R., ADV. MR. N. GANPATHY, ADV. MR. JAYANT K. MEHTA, ADV. MR. SUKSHAM CHAUHAN, ADV. MS. MADHAVI KHURE, ADV. MR. S. WASIM A. QADRI, ADV. MR. ZAID ALI, ADV. MR. L. R. SINGH, ADV. MR. JAYANTH MUTHRAJ, ADV. MS. MALAVIKA J., ADV. MR. SURESHAN P., ADV. MS. S. RAVISHANKAR, ADV. 6
MS. S. YAMUNAH NACHIAR, ADV. MR. S. SADASIVA REDDY, ADV. MS. S. USHA REDDY, ADV. MR. V. K. BIJU, ADV. MR. VINEET BHAGAT, ADV. MR. ANIRUDH SANGANERIA, ADV. MR. MUKUL KUMAR, ADV. MR. S. S. RAY, ADV. MS. RAKHI RAY, ADV. MR. VAIBHAV GULIA, ADV. MR. S. KULKARNI, ADV. MR. M. GIREESH KUMAR, ADV. MR. ANKUR S. KULKARNI, ADV.For Respondent MR. TUSHAR MEHTA, ASG MR. B. B. SAWHNEY, SR. ADV. MS. SUNITA SHARMA, ADV. MR. RAVINDERA KUMAR VERMA, ADV. MS. SUSHMA SURI, ADV. MR. SHEKHAR NAPHADE, SR. ADV. MR. ASHISH WAD, ADV. MR. ANSHUMAN SRIVASTAVA, ADV. MR. CHINMOY KHALADKAR, ADV. MS. SHUBHANGI TULI, ADV. MR. JAIDEEP GUPTA, SR. ADV. MR. KULDEEP S. PARIHAR, ADV. MR. H. S. PARIHAR, ADV. Mr. H.P. RAWAL, SR. ADV. MR. ABHIJEET P. MEDH, ADV. MR. NIPUN SAXENA, ADV. MR. SHYAM DIVAN, SR. ADV. MR. ARJUN KRISHNAN, ADV. MR. SANJAY KHARDE, ADV. MR. PRESHIT SURSHE, ADV. MR. DEBMALYA BANERJEE, ADV. MR. DILPREET SINGH, ADV. MR. AVIJIT SAXENA, ADV. MS. JAIMEET KUMAR, ADV. MRS. MANIK KARANJAWALA, ADV. FOR M/S KARANJAWALA & CO. 7MRS. RAJANI K. PRASAD, ADV.MS. N. ANNAPOORANI, ADV.MR. VINAY NAVARE, ADV.MR. SATYAJEEET KUMAR, ADV.MR. KESHAV RANJAN, ADV.MS. ABHA R. SHARMA, ADV.MR. S. ARAVINDH, ADV.MR. A. LAKSHMI NARAYANAN, ADV.MR. TRILOKI NATH RAZDAN, ADV.MR. SHANKAR CHILLARGE, ADV.FOR MR. A.P. MAYEE, ADV.
MR. P.I.JOSE, ADV.MR. VISHWANATH BAHUGUNA, ADV.MS. PRAVEENA GAUTAM, ADV.MR. DEEPAK TYAGI, ADV.MS. PUSSHP GUPTA, ADV.MR. RAJEEV K. PANDEY, ADV.MR. RAJEEV M. ROY, ADV.MR. MANISH PITALE, ADV.MR. SUBRAMONIUM PRASAD, ADV.MR. SURESH DHOBHAL, ADV.MS. MEHA AGGARWAL, ADV.MR. NEEELA GOKHALE, ADV.MR. NIKHIL BORWANKAR, ADV.MR. VISHWAJIT SINGH, ADV.MR. ANIL KUMAR SANGAL, ADV.MR. SIDDHARTH SANGAL, ADV.MR. CHINMOY KHALODKAR, ADV.MS. NEHA SHARMA, ADV.MR. DEEPTAKIRTI VERMA, ADV.MR. PURTI MARWAHA, ADV.MS. HENNA GEORGE, ADV.MR. C. S. CHAUHAN, ADV.MR. NIKHIL GOEL, ADV.MS. NAVEEN GOEL, ADV.MR. MARSOOK BAFAKI, ADV. 8 MR. SONAL JAIN, ADV. MS. ANINDITA SAH, ADV. MS. MEGHA SETHI, ADV. MS. HINA, ADV. MS. NEELAM SAINI, ADV. MR. DILEEP PILLAI, ADV. MR. A.K.JAIN, ADV. MR. SIDDHESH KOTWAL, ADV. MR. ANNIRUDH SHARMA, ADV. MS. SHREYA BHATNAGAR, ADV. MR. D. BHARAT KUMAR, ADV. MR. T. BASKAR GOWTHAM, ADV. MR. ABHIJEET SENGUPTA, ADV.MR. SUNIL KUMAR VERMA, MR. NIKHIL NAYYAR, MS. ANAGHA S. DESAI, MS.CHANDAN RAMAMURTHI, MS. CHARU MATHUR, MR. A. VENAYAGAM BALAN, MR.SATPAL SINGH, MR. H. CHANDRA SEKHAR, MR. VIJAY KUMAR, MR. P. K.MANOHAR, MR. JATIN ZAVERI, MR. JAY SAVLA, MR. BANKEY BIHARISHARMA, MR. LAKSHMI RAMAN SINGH, MR. GAURAV AGRAWAL, MR. N.GANPATHY, MR. S. RAVI SHANKAR, MR. SARAD KUMAR SINGHANIA, MR.HARISH PANDEY, MR. P. S.SUDHEER, MR. MUKUL KUMAR, MR. SANJAYJAIN, MS. PRAGYA BAGHEL, MR. ANKUR S. KULKARNI, MS. KAMAKSHI S.MEHLWAL, MR. E. C. AGRAWALA, MR. GARVESH KABRA, MR. IRSHAD AHMAD,MR. M. J. PAUL, M/S. TEMPLE LAW FIRM, MR. RABIN MAJUMDER, MS.GARIMA PRASHAD, MS. ASHA GOPALAN NAIR, MR. ATUL BABASAHEB DAKH,MS. RASHMI SINGH, MR. SANTOSH KRISHNAN, MR. SUDHANSHU S.CHOUDHARI, MR. CHANDER SHEKHAR ASHRIMR. H. S. PARIHAR, MR. UDAY B.
DUBE, M/S. COAC, MR. ASHOK K. MAHAJAN, MR. NIRAJ SHARMA, MR. M. T.GEORGE, M/S. K. J. JOHN & CO., MR. SHREEKANT N. TERDAL, M/S. J. S.WAD & CO., MR. S. N. BHAT, MR. M. J. PAUL, MR. TAPESH KUMAR SINGH,M/S. DUA ASSOCIATES, MR. RAJEEV MAHESHWARANAND ROY, MS. PRAVEENAGAUTAM, MR. SHIVAJI M. JADHAV, MR. S. N. BHAT, MR. V. N.RAGHUPATHY, MR. C. K. SASI, MR. MOHIT KUMAR SHAH, MR. YASH PALDHINGRA, MR. ANIL KUMAR MISHRA, MS. A. SUMATHI, MR. M. Y.DESHMUKH, MR. D. M. NARGOLKAR, MR. PIYUSH SHARMA, MR. ABHIJITSENGUPTA, MR. SENTHIL JAGADEESAN, MR. RAVINDRA KESHAVRAO ADSURE,MR. AMOL NIRMALKUMAR SURYAWANSHI, MR. ARJUN KRISHNAN, MR. GAURAVAGRAWAL, MR. SHRIRAM P. PINGLE, MS. BHARTI TYAGI, MR. SONAL JAIN,MR. B. SUBRAHMANYA PRASAD, MS. HEMANTIKA WAHI, MR.NIRNIMESH DUBE,MR. RAJIV SHANKAR DVIVEDI, MS. ANURADHA MUTATKAR, M/S. S.M. JADHAV& COMPANY, MR. RAJESH MAHALE, MR. ANIL KUMAR SANGAL, MR. M. P.VINOD 9 UPON hearing counsel the Court made the following O R D E RList tomorrow i.e. on 13.11.2014 as part heard. (Jayant Kumar Arora) (Sneh Bala Mehra) Sr. P.A. Assistant Registrar
LISTED ON: 11.11.2014 BEFORE COURT NO.: 03 ITEM NO.: 101 SECTIONIX IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION PETITIONS FOR SPECIAL LEAVE TO APPEAL (CIVIL) NOS. 2230422305, 21260 & 2447924480 OF 2011 WITH PRAYER FOR INTERIM RELIEF WITH INTERLOCUTARY APPLICATION NO. 3 (Application for modification of Court's order dated 16.09.2011 in SLP (C) No. 21260/2011) NAKIBHAJI ARIF NOORANI ETC. ...PETITIONERS VERSUS UNION OF INDIA & ORS. ETC. ...RESPONDENTS OFFICE REPORT SLP (C) Nos. 2230422305 of 2011 The matters abovementioned were listed before the Hon'ble Court on 05 th August, 2011, when the Court was pleased to pass the following order: “ Delay condoned. Issue notice. Tag with C.A. No. 5680 of 2009. In the meantime, the parties are directed to maintain status quo with regard to the properties in question. ” It is submitted for information of the Hon'ble Court that there are three Respondents in this matter. Show cause notice was issued to all the three Respondents by registered A.D. post. Neither A.D. cards nor unserved covers have been received back. Service is incomplete on all the three Respondents and the Counsel for the Petitioner has not taken appropriate steps to complete the service. SLP (C) No. 21260 of 2011 The matter abovementioned was listed before the Hon'ble Court on 16 th September, 2011, when the Court was pleased to pass the following order: “Issue notice and tag with C.A. No.5680 of 2009. In the meantime, the respondentBanks shall not proceed under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, as far as the properties of the petitioner are concerned. ” It is submitted for information of the Hon'ble Court that there are two Respondents in this matter. Mr. A. P. Medh, Advocate has entered appearance on behalf of Respondent No. 1 and filed Counter Affidavit which has been included in the paper books. Ms. Sushma Suri, Advocate has entered appearance on behalf of Respondent No. 2 but not filed Counter Affidavit so far. ...2/
2 Service of notice is complete. Thereafter, the I.A. No. 3 (application for modification of Court's order) in the matter abovementioned was listed before the Hon'ble Court on 22 nd July, 2013, when the Court was pleased to pass the following order: “List this special leave petition and Interlocutory Application No. 3 of 2012 with Civil Appeal No. 5680 of 2009 and connected matters.” Thereafter, the I.A. No. 3 (Application for modification of Court's Order) in the matter abovementioned alongwith connected matters was listed before the Hon'ble Court on 28 th April, 2014, when the Court was pleased to pass the following Order : “ I.A. NO.2 IN W.P.(C) NO. 91 OF 2013 Learned counsel for the petitioner prays for leave to withdraw the Writ Petition with liberty to file the Special Leave Petition. The prayer is accepted. The Writ Petition is, accordingly, dismissed as withdrawn with liberty to file the Special Leave Petition. I.A. NOS.4 AND 5 IN W.P.(C) NO.367 OF 2011 I.A. NO.5 By Order dated 29th April, 2013, the petitioners were directed to pay the monthly instalment of Rs.25 lacs to clear the admitted liability of Rs.2 Crores. We are informed that the petitioners have not, even today, deposited the aforesaid amount in full. The petitioner pleads that because of economic constraints he is not able to pay Rs.25 lacs per month, as directed. In view of the above, the interim relief granted on 29th April, 2013 is hereby vacated. I.A. No. 5 is, accordingly, disposed of. I.A. No.4 In view of the orders passed in I.A. No.5, no orders are required to be passed in this application. Rest of the matters are adjourned to 6 th August, 2014. “ SLP (C) Nos. 2447924480 of 2011 The matters abovementioned were listed before the Hon'ble Court on 10 th September, 2011, when the Court was pleased to pass the following order: “Issue notice and tag with C.A. No. 5860 of 2009. Let notice also issue on I.A. Nos. 34 of 2011, returnable four weeks hence. In the meantime, the respondentBank shall not proceed under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, as far as the properties of the petitioners are concerned.” Thereafter, the I.A. Nos. 3 & 4 in the matters abovementioned were listed before the Hon'ble Court on 02 nd August, 2013, when the Court was pleased to pass the following Order : “Interlocutory Application Nos. 34 of 2011 are rejected.” ...3/
3 It is submitted that there are three Respondents in the matters abovementioned. Ms. Sushma Suri and Mr. P. S. Sudheer, Advocates have entered appearance on behalf of Respondent Nos. 1 and 23 respectively. Mr. P. S. Sudheer, Advocate has filed Counter Affidavit on behalf of Respondent Nos. 2 and 3 which has already been included in the paper books. Service of notice is complete. The matters abovementioned are listed before the Hon'ble Court with this report. Dated this the 01 st day of September, 2014. ASSISTANT REGISTRAR Copy to: Mr. Nikhil Goel, Advocate. Mr. A. P. Medh, Advocate. Ms. Sushma Suri, Advocate. Mr. P. S. Sudheer, Advocate. ASSISTANT REGISTRAR ap
1 ITEM NOS.15 + 40 COURT NO.1 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition(s)(Civil) No(s). 827/2014 M/S NOVELTY DYEING AND PRINTING WORKS AND ORS Petitioner(s) VERSUS UNION OF INDIA AND ORS Respondent(s) (with appln. (s) for ex-parte stay and office report) WITH Writ Petition (Civil) No. 849 of 2014 (with appln.(s) for ex-parte stay and office report) Date : 26/09/2014 These petitions were called on for hearing today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE H.L. DATTU HON'BLE MR. JUSTICE KURIAN JOSEPH For Petitioner(s) Mr. Santosh Krishnan,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Issue notice returnable in eight weeks. Dasti , in addition to the ordinary process, is permitted. In the meanwhile, respondent No. 3 – The Shamrao Vithal Co-operative Bank Ltd. shall remain restrained from proceedings further under the provisions of the
2 Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act, 2002) as far as the petitioners are concerned. Connect with Writ Petition (Civil) No. 352 of 2014. (RAJESH DHAM) (RENU DIWAN) COURT MASTER COURT MASTER
¢ 1 ITEM NOS.15 + 40 COURT NO.1 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition(s)(Civil) No(s). 827/2014 M/S NOVELTY DYEING AND PRINTING WORKS AND ORS Petitioner(s) VERSUS UNION OF INDIA AND ORS Respondent(s) (with appln. (s) for ex-parte stay and office report) WITH Writ Petition (Civil) No. 849 of 2014 (with appln.(s) for ex-parte stay and office report) Date : 26/09/2014 These petitions were called on for hearing today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE H.L. DATTU HON'BLE MR. JUSTICE KURIAN JOSEPH For Petitioner(s) Mr. Santosh Krishnan,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Issue notice returnable in eight weeks. Dasti, in addition to the ordinary process, is permitted.Signature Not VerifiedDigitally signed byRajesh DhamDate: 2014.09.26 In the meanwhile, respondent No. 3 - The Shamrao17:59:32 ISTReason: Vithal Co-operative Bank Ltd. shall remain restrained from proceedings further under the provisions of the 2Securitization and Reconstruction of Financial Assets andEnforcement of Security Interest Act, 2002 (SARFAESI Act,2002) as far as the petitioners are concerned. Connect with Writ Petition (Civil) No. 352 of
2014. (RAJESH DHAM) (RENU DIWAN) COURT MASTER COURT MASTER
Item No. 93 1 REGISTRAR COURT. 2 SECTION XIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR M K HANJURA Civil Appeal No(s). 10871/2010 BARIPADA URBAN CO-OP BANK LTD & ANR. Appellant(s) VERSUS BIMAL LOCHAN DAS & ORS. Respondent(s) Date : 19/09/2014 This appeal was called on for hearing today. For Appellant(s) Ms. Anshu Malik,Adv. Mr. Rutwik Panda,Adv. For Respondent(s) Ms. Pratibha Jain,Adv. UPON hearing the counsel the Court made the following O R D E R What gets revealed from the perusal of the file is that neither the appellants nor the respondents have filed the statement of case, although they were notified to do so on 6.2.2012. Order XIX Rule 32 of the Supreme Court Rules,2013 provides that if the appellant does not file a statement of case within the time, as provided for in sub rule (1), it shall be presumed that the appellant has adopted the list of dates/synopsis containing chronology of events as filed at the time of presentation of petition for seeking special leave to appeal (SLP)/Appeal, as statement of case,and does not desire to file any further statement of case. The order further provides
Item No. 93 2 that if the respondent who has entered appearance does not file a statement of case within the time, as provided in Sub Rule(1) (i.e. 35 days) it shall be presumed that he does not desire to lodge the same. Therefore, in view of the rule position cited above no further opportunity for filing the statement of case is warranted to be given to the parties. Viewed thus, the matter shall be processed for listing before the Hon'ble Court under the rules. (M K HANJURA) Registrar MG
1 ITEM NO.601 COURT NO.1 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition(s)(Civil) No(s). 838/2014 M/S R D G MICROELECTRONICS PVT LTD AND ORS Petitioner(s) VERSUS UNION OF INDIA AND ORS Respondent(s) (with appln.(s) for ex-parte stay) Date : 19/09/2014 This petition was called on for hearing today in the mentioning list. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE KURIAN JOSEPH HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN For Petitioner(s) Mr. Vineet Bhagat,Adv. Mr. Uday Jain, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Taken on board. Quite a few matters are pending before this Court on the identical issue, lead matter being Civil Appeal No. 5674 of 2009, Pandurang Ganpati Ghugule Vs. Vishwasrao Patil Murgud Sahakari Bank Ltd . Issue notice returnable in four weeks. Dasti , in addition to the ordinary process,
2 is permitted. In the meanwhile, the respondent No. 5 – Shamrao Vithal Co-operative Bank Ltd. is restrained from proceeding further under the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 against the petitioners. Connect with Civil Appeal No. 5674 of 2009. (RAJESH DHAM) (RENU DIWAN) COURT MASTER COURT MASTER
SECTION XIA IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No. 10871 OF 2010. Baripada Urban CoOp Bank Ltd. & Anr. ...Petitioners Versus Bimal Lochan Das & Ors. ...Respondents OFFICE REPORT This is an appeal by Special Leave filed against the Judgment and Order, dated 8 th May, 2008 of the High Court of Orissa at Cuttack i n R.P. No. 128 of 2007. There are five respondents and all represented of Ms. Pratibha Jain, Advocate. Common Original Record has been received from the High Court. It is submitted that counsel for the both parties have not filed their statement of case so far. It is further submitted that counsel for the parties have not filed statement of case so far and as per proviso Rule 32(2) of Order XIX of new SCR 2013 read as , “if the appellant does not file a statement of case within the time, as provided for in sub rule (1), it shall be presumed that the appellant has adopted the list of dates/synopsis containing chronology of events as filed at the time of presentation of petition for seeking special leave to appeal (SLP)/Appeal, as statement of case, and does not desire to file any further statement of case”. “Provided that where a respondent, who has entered appearance, does not file a statement of case within the time, as provided in subrule (1), it shall be presumed that the respondent does not desire to lodge statement of case in the appeal.” ..2/
2 The matters above mentioned are listed before the Ld. Registrar for prefinal hearing under order V Rule (1) (30) SCR 2013 Dated this the 1 st day of September, 2014. ASSISTANT REGISTRAR Copy to: 1. Mr. Rutwik Panda, Adv. 2. Ms. Pratibha Jain, Adv. ASSISTANT REGISTRAR g1
1 ITEM NO.601 COURT NO.1 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition(s)(Civil) No(s). 838/2014 M/S R D G MICROELECTRONICS PVT LTD AND ORS Petitioner(s) VERSUS UNION OF INDIA AND ORS Respondent(s) (with appln.(s) for ex-parte stay) Date : 19/09/2014 This petition was called on for hearing today in the mentioning list. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE KURIAN JOSEPH HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN For Petitioner(s) Mr. Vineet Bhagat,Adv. Mr. Uday Jain, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Taken on board. Quite a few matters are pending before this Court on the identical issue, lead matter being Civil Appeal No. 5674 of 2009, Pandurang Ganpati Ghugule Vs. Vishwasrao Patil Murgud Sahakari Bank Ltd.Signature Not VerifiedDigitally signed byRajesh DhamDate: 2014.09.1916:02:58 ISTReason: Issue notice returnable in four weeks. Dasti, in addition to the ordinary process, 2is permitted. In the meanwhile, the respondent No. 5 -Shamrao Vithal Co-operative Bank Ltd. is restrainedfrom proceeding further under the provisions of theSecuritization and Reconstruction of Financial Assets
and Enforcement of Security Interest Act, 2002against the petitioners. Connect with Civil Appeal No. 5674 of2009. (RAJESH DHAM) (RENU DIWAN) COURT MASTER COURT MASTER
Item No. 93 1 REGISTRAR COURT. 2 SECTION XIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR M K HANJURA Civil Appeal No(s). 10871/2010 BARIPADA URBAN CO-OP BANK LTD & ANR. Appellant(s) VERSUS BIMAL LOCHAN DAS & ORS. Respondent(s) Date : 19/09/2014 This appeal was called on for hearing today. For Appellant(s) Ms. Anshu Malik,Adv. Mr. Rutwik Panda,Adv. For Respondent(s) Ms. Pratibha Jain,Adv. UPON hearing the counsel the Court made the following O R D E R What gets revealed from the perusal of the file is that neither the appellants nor the respondents have filed the statement of case, although they were notified to do so on 6.2.2012. Order XIX Rule 32 of the Supreme Court Rules,2013 provides that if the appellant does not file a statement of case within the time, as provided for in sub rule (1), it shall be presumed that the appellant has adopted the list of dates/synopsisSignature Not Verified containing chronology of events as filed at theDigitally signed by time of presentation of petition for seeking special leave toMadhu GroverDate: 2014.09.2011:36:07 ISTReason: appeal (SLP)/Appeal, as statement of case,and does not desire to file any further statement of case. The order further providesItem No. 93 2that if the respondent who has entered appearance does not file astatement of case within the time, as provided in Sub Rule(1)(i.e. 35 days) it shall be presumed that he does not desire to
lodge the same. Therefore, in view of the rule positioncited above no further opportunity for filing the statement ofcase is warranted to be given to the parties. Viewed thus, thematter shall be processed for listing before the Hon'ble Courtunder the rules. (M K HANJURA) RegistrarMG
ITEM NO.50 REGISTRAR COURT. 2 SECTION XIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR M K HANJURA Petition(s) for Special Leave to Appeal (C) No(s). 12916/2013 PRAVAT BHUSAN KANUNGO Petitioner(s) VERSUS URBAN COOPERATIVE BANK LTD. & ORS. Respondent(s) (with interim relief and office report) Date : 17/09/2014 This petition was called on for hearing today. For Petitioner(s) Mr. Mukul Kumar,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R The office report indicates that service of notice is complete on the respondent No.1, but no one has entered appearance on his behalf. The said respondent shall be at liberty to file the counter affidavit within a period of four weeks, in case he intends to do so, whereafter no further extension shall be provided. Fresh steps for the service of notice to the unserved respondent Nos.2 & 3 shall be taken by the Ld.counsel for the petitioner within a period of three weeks. List again on 4.12.2014. (M K HANJURA) Registrar SB
" ITEM NO.50 REGISTRAR COURT. 2 SECTION XIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR M K HANJURA Petition(s) for Special Leave to Appeal (C) No(s). 12916/2013 PRAVAT BHUSAN KANUNGO Petitioner(s) VERSUS URBAN COOPERATIVE BANK LTD. & ORS. Respondent(s) (with interim relief and office report) Date : 17/09/2014 This petition was called on for hearing today. For Petitioner(s) Mr. Mukul Kumar,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R The office report indicates that service of notice is complete on the respondent No.1, but no one has entered appearance on his behalf. The said respondent shall be at liberty to file the counter affidavit within a period of four weeks, in case he intends to do so, whereafter no further extension shall be provided. Fresh steps for the service of notice to the unserved respondent Nos.2 & 3 shall be taken by the Ld.counsel for the petitioner within a period of three weeks. List again on 4.12.2014.Signature Not Verified (M K HANJURA)Digitally signed bySushma Kumari BajajDate: 2014.09.19 Registrar SB10:59:18 ISTReason:
ITEM NO.8 COURT NO.9 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition(s)(Civil) No(s). 795/2014 VANDANA RIDHESHWAR WARJUKAR AND ORS Petitioner(s) VERSUS UNION OF INDIA AND ORS Respondent(s) (with appln. (s) for stay and office report) Date : 12/09/2014 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE J. CHELAMESWAR HON'BLE MR. JUSTICE A.K. SIKRI For Petitioner(s) Mr. Somnath Padhan, Adv. Ms. Anagha S. Desai,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Issue notice. In the meantime, the respondent Bank shall remain restrained from proceeding further under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, as far as the petitioner is concerned. Tag with W.P.(Civil) No. 779/2014. (DEEPAK MANSUKHANI) (INDU BALA KAPUR) COURT MASTER COURT MASTER
MATTER FOR 12.9.2014 COURT NO. ITEM NO. SEC-X IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (C) NO. 795 OF 2014 (UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA) WITH INTERLOCUTORY APPLICATION NO. 1 (APPLICATION FOR STAY) VANDANA RIDHESHWAR WARJURKAR & ORS. ...PETITIONER -VERSUS- UNION OF INDIA & ORS. ...RESPONDENTS OFFICE- REPORT The Writ Petition along with application above-mentioned has been filed by Ms. Anagha S. Desai, Advocate on behalf of the petitioners above named. It is submitted that Writ Petition(Civil) No. 779 of 2014, arising out similar issue, was mentioned before the Hon'ble Court on 26.08.2014, when the Court directed to issue notice (copy of the order is enclosed herewith). The writ petition along with connected matters (main matter is W.P.(C) No. 408/2014),is pending before the Hon'ble Court. It is further submitted that Civil Appeal No. 5680 of 2009 arising out of S.L.P. (C) No. 17573 of 2007, arising out of similar issue, was disposed of by the Hon'ble Court on 12.02.2014 (copy of signed order is enclosed herewith). It is further submitted that Special Leave Petition (Civil) No. 19685 of 2007, referred to in Annexure P-4 of the writ petition, was dismissed by the Hon'ble Court on 10.12.2008 as per computer data. The Writ Petition along with application above-mentioned is listed before the Court with this Office Report. Dated this the 11th day of September, 2014. ASSISTANT REGISTRAR Copy to: Ms. Anagha S. Desai, Advocate ASSISTANT REGISTRAR SYSTEM 3
â ITEM NO.8 COURT NO.9 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition(s)(Civil) No(s). 795/2014 VANDANA RIDHESHWAR WARJUKAR AND ORS Petitioner(s) VERSUS UNION OF INDIA AND ORS Respondent(s) (with appln. (s) for stay and office report) Date : 12/09/2014 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE J. CHELAMESWAR HON'BLE MR. JUSTICE A.K. SIKRI For Petitioner(s) Mr. Somnath Padhan, Adv. Ms. Anagha S. Desai,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Issue notice. In the meantime, the respondent Bank shall remain restrained from proceeding further under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, as far as the petitioner is concerned. Tag with W.P.(Civil) No. 779/2014. (DEEPAK MANSUKHANI) (INDU BALA KAPUR) COURT MASTER COURT MASTERSignature Not VerifiedDigitally signed byDeepak MansukhaniDate: 2014.09.1312:47:50 ISTReason:
LISTED ON: 02.09.2014 BEFORE COURT NO. 01 ITEM NO. 101 SECTIONIX IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION PETITIONS FOR SPECIAL LEAVE TO APPEAL (CIVIL) NOS. 2230422305, 21260 & 2447924480 OF 2011 WITH PRAYER FOR INTERIM RELIEF WITH INTERLOCUTARY APPLICATION NO. 3 (Application for modification of Court's order dated 16.09.2011 in SLP (C) No. 21260/2011) NAKIBHAJI ARIF NOORANI ETC. ...PETITIONERS VERSUS UNION OF INDIA & ORS. ETC. ...RESPONDENTS OFFICE REPORT SLP (C) Nos. 2230422305 of 2011 The matters abovementioned were listed before the Hon'ble Court on 05 th August, 2011, when the Court was pleased to pass the following order: “Delay condoned. Issue notice. Tag with C.A. No. 5680 of 2009. In the meantime, the parties are directed to maintain status quo with regard to the properties in question. ” It is submitted for information of the Hon'ble Court that there are three Respondents in this matter. Show cause notice was issued to all the three Respondents by registered A.D. post. Neither A.D. cards nor unserved covers have been received back. Service is incomplete on all the three Respondents and the Counsel for the Petitioner has not taken appropriate steps to complete the service. SLP (C) No. 21260 of 2011 The matter abovementioned was listed before the Hon'ble Court on 16 th September, 2011, when the Court was pleased to pass the following order: “Issue notice and tag with C.A. No.5680 of 2009. In the meantime, the respondentBanks shall not proceed under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, as far as the properties of the petitioner are concerned. ” It is submitted for information of the Hon'ble Court that there are two Respondents in this matter. Mr. A. P. Medh, Advocate has entered appearance on behalf of Respondent No. 1 and filed Counter Affidavit which has been included in the paper books. Ms. Sushma Suri, Advocate has entered appearance on behalf of Respondent No. 2 but not filed Counter Affidavit so far. ...2/
2 Service of notice is complete. Thereafter, the I.A. No. 3 (application for modification of Court's order) in the matter abovementioned was listed before the Hon'ble Court on 22 nd July, 2013, when the Court was pleased to pass the following order: “List this special leave petition and Interlocutory Application No. 3 of 2012 with Civil Appeal No. 5680 of 2009 and connected matters.” Thereafter, the I.A. No. 3 (Application for modification of Court's Order) in the matter abovementioned alongwith connected matters was listed before the Hon'ble Court on 28 th April, 2014, when the Court was pleased to pass the following Order : “I.A. NO.2 IN W.P.(C) NO. 91 OF 2013 Learned counsel for the petitioner prays for leave to withdraw the Writ Petition with liberty to file the Special Leave Petition. The prayer is accepted. The Writ Petition is, accordingly, dismissed as withdrawn with liberty to file the Special Leave Petition. I.A. NOS.4 AND 5 IN W.P.(C) NO.367 OF 2011 I.A. NO.5 By Order dated 29th April, 2013, the petitioners were directed to pay the monthly instalment of Rs.25 lacs to clear the admitted liability of Rs.2 Crores. We are informed that the petitioners have not, even today, deposited the aforesaid amount in full. The petitioner pleads that because of economic constraints he is not able to pay Rs.25 lacs per month, as directed. In view of the above, the interim relief granted on 29th April, 2013 is hereby vacated. I.A. No. 5 is, accordingly, disposed of. I.A. No.4 In view of the orders passed in I.A. No.5, no orders are required to be passed in this application. Rest of the matters are adjourned to 6 th August, 2014. “ SLP (C) Nos. 2447924480 of 2011 The matters abovementioned were listed before the Hon'ble Court on 10 th September, 2011, when the Court was pleased to pass the following order: “Issue notice and tag with C.A. No. 5860 of 2009. Let notice also issue on I.A. Nos. 34 of 2011, returnable four weeks hence. In the meantime, the respondentBank shall not proceed under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, as far as the properties of the petitioners are concerned.” Thereafter, the I.A. Nos. 3 & 4 in the matters abovementioned were listed before the Hon'ble Court on 02 nd August, 2013, when the Court was pleased to pass the following Order : “ Interlocutory Application Nos. 34 of 2011 are rejected.” ...3/
3 It is submitted that there are three Respondents in the matters abovementioned. Ms. Sushma Suri and Mr. P. S. Sudheer, Advocates have entered appearance on behalf of Respondent Nos. 1 and 23 respectively. Mr. P. S. Sudheer, Advocate has filed Counter Affidavit on behalf of Respondent Nos. 2 and 3 which has already been included in the paper books. Service of notice is complete. The matters abovementioned are listed before the Hon'ble Court with this report. Dated this the 01 st day of September, 2014. ASSISTANT REGISTRAR Copy to: Mr. Nikhil Goel, Advocate. Mr. A. P. Medh, Advocate. Ms. Sushma Suri, Advocate. Mr. P. S. Sudheer, Advocate. ASSISTANT REGISTRAR
Þ ITEM NO.602 COURT NO.9 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition(s)(Civil) No(s). 754/2014 SANGOLA TALUKA SAHAKARI SAKHAR KARKHANA Petitioner(s) VERSUS UNION OF INDIA AND ANR. Respondent(s) WITH W.P.(C) No. 756/2014 (With appln.(s) for ex-parte stay and Office Report) Date : 14/08/2014 These petitions were called on for hearing in the Mentioning List today. CORAM : HON'BLE MR. JUSTICE J. CHELAMESWAR HON'BLE MR. JUSTICE A.K. SIKRI For Petitioner(s) Mr. C.U. Singh,Sr.Adv. Mr. Atul Babasaheb Dakh ,Adv. Mr. Arvind Varma,Sr.Adv. Mr. Amit Kr. Singh,Adv. Ms. Shivali Ms. Rashmi Singh ,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Taken on board. Issue notice in both matters. Dasti, in addition, is permitted. In the meantime, the respondent Bank shall remain restrained from proceedings further under the provisions of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, so far as the petitioners are concerned.Signature Not VerifiedDigitally signed byOm Parkash SharmaDate: 2014.08.14 List and tag with W.P.(C)No.252/2011 etc..17:16:54 ISTReason: [O.P. SHARMA] [INDU BALA KAPUR] COURT MASTER COURT MASTER
\202 ITEM NO.10+51 COURT NO.7 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition(s)(Civil) No(s). 712/2014 M/S DAYA BUILDERS AND ORS Petitioner(s) VERSUS UNION OF INDIA AND ORS Respondent(s) (with appln. (s) for ex-parte stay and office report) With Writ Petition(Civil)NO(s). 714/2014 (With appln(s) for stay) Date : 11/08/2014 These petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE J. CHELAMESWAR HON'BLE MR. JUSTICE A.K. SIKRI For Petitioner(s) Mr. Vijay Kumar, Adv. Mr. Bharat L. Gandhi, Adv. Mr. Vijay Kumar ,Adv. For Respondent(s) Ms. V. Mohana, Adv. Mr. S. Saini, Adv. Mr. D.S. Mahra, Adv. UPON hearing the counsel the Court made the following O R D E R Issue notice. Tag with Writ Petition(c) No. 417 of 2014. Further proceedings under the SARFAESI Act, 2002 shall remain stayed. (DEEPAK MANSUKHANI) (INDU BALA KAPUR) COURT MASTER COURT MASTERSignature Not VerifiedDigitally signed byDeepak MansukhaniDate: 2014.08.1317:32:30 ISTReason:
P ITEM NO.3 COURT NO.1 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS I.A. 6/2014 in Writ Petition(s)(Civil) No(s). 367/2011 ST.MARY'S HOTEL(P) LTD.& ANR Petitioner(s) VERSUS KOTTAYAM DIST.COOP.BANK LTD.& ORS. Respondent(s) (for directions and office report) Date : 21/07/2014 This application was called on for hearing today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE KURIAN JOSEPH HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN For Petitioner(s) Mr. V. Giri, Sr. Adv. Mr. P. K. Manohar ,Adv. For Respondent(s) Mr. C. K. Sasi ,Adv. Ms. Asha Gopalan Nair ,Adv. UPON hearing counsel the Court made the following O R D E R If a deposit of Rs. 1.35 crores is made by the petitioners with the respondent No. 1 Bank within three days from today, the delay in deposit shall stand condoned. Upon compliance, the order dated 9.9.2011 shall stand revived. I.A No. 6 of 2014 stands disposed of.Signature Not VerifiedDigitally signed byPardeep KumarDate: 2014.07.22 (PARDEEP KUMAR) (RENU DIWAN)00:02:52 ISTReason: AR-cum-PS COURT MASTER
& ITEM NO.30 COURT NO.3 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition(s)(Civil) No(s). 492/2014 M/S ADISHWARS OILS AND FATS LTD. AND ORS Petitioner(s) VERSUS UNION OF INDIA AND ORS Respondents(s) (With prayer for exemption from filing O.T. and ex-Parte stay and Office Report) Date : 09/06/2014 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE JAGDISH SINGH KHEHAR HON'BLE MR. JUSTICE C NAGAPPAN (VACATION BENCH) For Petitioner(s) Mr.S.S.Ray, Adv. Ms. Rakhi Ray, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Learned counsel for the petitioners contends, that the pointed controversy raised through the instant writ petition, is already pending consideration before this Court in Writ Petition (C)No.252 of 2011, as also, Writ Petition (C)No. 40 of 2014, besides a large number of other writ petitions. Issue notice on the writ petition, as also, on the application for stay.Signature Not VerifiedDigitally signed by Tag with W.P.(C)No.252 of 2011 and connected matters.Satish Kumar YadavDate: 2014.06.0918:02:10 ISTReason: (SATISH KUMAR YADAV) (PHOOLAN WATI ARORA) COURT MASTER ASSISTANT REGISTRAR
bITEM NO.65 COURT NO.12 SECTION IVA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil)....../2014 CC 7586/2014(From the judgement and order dated 19/10/2010 in WP No.1058/2010 ofThe HIGH COURT OF KARNATAKA AT BANGALORE)S.INBAVALLI & ANR. Petitioner(s) VERSUSKANYAKA PARAMESHWARI COOP.BANK LTD.& ANR Respondent(s)(With appln(s) for c/delay in filing SLP and office report)Date: 09/05/2014 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLA HON'BLE MR. JUSTICE A.K. SIKRIFor Petitioner(s) Mr. Vijay Kumar, Adv. Mr. Bharat C. Gandhi, Adv. Ms. Vithika Garg, Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R List along with Writ Petition (Civil) No. 293 of 2011. In the meantime, the respondent-Bank shall remain restrained from proceeding further under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short 'the SARFAESI Act') as far as the petitioners are concerned. [Nidhi Ahuja] [Sharda Kapoor] Court Master Court Master
2ITEM NO.MM-3 COURT NO.7 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS WRIT PETITION (CIVIL) NO. 420 OF 2014 (@ D.NO.16032/2014)M/S UT AUTO.DESIGNS PVT.LTD.& ORS. Petitioner(s) VERSUSUNION OF INDIA & ORS. Respondent(s) WITHWRIT PETITION (CIVIL) NO.421 OF 2014 (@ D.NO.16033/2014)Date: 08/05/2014 These Petitions were mentioned today.CORAM : HON'BLE MR. JUSTICE SURINDER SINGH NIJJAR HON'BLE MR. JUSTICE A.K. SIKRIFor Petitioner(s) Mr. Vijay Kumar, Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R List the matters on 9th May, 2014. (VINOD LAKHINA) (INDU BALA KAPUR) COURT MASTER COURT MASTER
.ITEM NO.12+51 COURT NO.7 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS WRIT PETITION (CIVIL) NO(s). 352 OF 2014EURO CERAMICS LTD. & ORS. Petitioner(s) VERSUSU.O.I. & ORS. Respondent(s)(With appln(s) for ex-Parte stay and office report )WITH W.P(C) NO. 408 of 2014(With appln.(s) for ex-parte stay and office report)Date: 07/05/2014 These Petitions were called on for hearing today.CORAM : HON'BLE MR. JUSTICE SURINDER SINGH NIJJAR HON'BLE MR. JUSTICE A.K. SIKRIFor Petitioner(s) Mr. Gaurav Agrawal,Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Issue notice. Tag with Writ Petition (Civil) No.293 of 2011. In the meantime, the respondent Bank shall remain restrained from proceeding further under the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (Sarfaesi Act, 2002) as far as the petitioners are concerned. (Sukhbir Paul Kaur) (Indu Bala Kapur) Court Master Court Master
4ITEM NO.70 COURT NO.6 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS WRIT PETITION (CIVIL) NO(s). 272 OF 2014EXOTIC TRAVELS & HOLIDAYS P.LTD. & ORS. Petitioner(s) VERSUSU.O.I.& ORS. Respondent(s)(With appln(s) for ex-Parte stay and office report )Date: 31/03/2014 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE SURINDER SINGH NIJJAR HON'BLE MR. JUSTICE A.K. SIKRIFor Petitioner(s) Mr. Sarad Kumar Singhania,Adv. Ms. Rashmi Singhania, Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R List this matter along with the other connected matters coming up on 23rd April, 2014. (Sukhbir Paul Kaur) (Indu Bala Kapur) Court Master Court Master
ITEM NO.MM-19 COURT NO.1 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSWRIT PETITION (CIVIL) NO(s). 272 OF 2014EXOTIC TRAVELS & HOLIDAYS P.LTD. & ORS. Petitioner(s) VERSUSU.O.I.& ORS. Respondent(s)(With appln(s) for ex-Parte stay and office report)Date: 28/03/2014 This Petition was mentioned today.CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE RANJAN GOGOI HON'BLE MR. JUSTICE N.V. RAMANAFor Petitioner(s) Mr. Sarad Kumar Singhania,Adv.For Respondent(s) UPON being mentioned the Court made the following O R D E R List on Monday i.e. 31st March, 2014 before an appropriate Bench. [ Madhu Bala ] [ Savita Sainani ] Court Master Assistant Registrar
@ITEM NO.MM-2 COURT NO.8 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS WRIT PETITION (CIVIL) NO(s). 922 OF 2013LALITA MOHAN TEJWANI Petitioner(s) VERSUSU.O.I & ORS Respondent(s)Date: 11/03/2014 This Petition was mentioned today.CORAM : HON'BLE MR. JUSTICE SURINDER SINGH NIJJAR HON'BLE MR. JUSTICE A.K. SIKRIFor Petitioner(s) Mrs. S. Usha Reddy,Adv.For Respondent(s) Ms. Abha R. Sharma,Adv. UPON hearing counsel the Court made the following O R D E R Tag with Writ Petition (Civil) No.251 of 2011. |(VINOD LAKHINA) | |(INDU BALA KAPUR) ||COURT MASTER | |COURT MASTER |
LISTED ON 25.02.2014 COURT NO. 8 ITEM NO. 102 SEC – IV-A IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION PETITION FOR SPECIAL LEAVE TO APPEAL(CIVIL)NOS.15634-635 OF 2013 WITH PRAYER FOR INTERIM RELIEF AND INTERLOCUTORY APPLICATION NOS. 1 & 2 (Application for Condonation of Delay in filing the SLP) Smt. G. Mariyamma, Etc. ...PETITIONER VERSUS The Bhavasara Kshatriya Co-op. Bank Ltd. & Ors., Etc. ...RESPONDENTS OFFICE REPORT The matters above mentioned were listed before the Hon'ble Court on 18.4.2013 with an office report dated 17.4.2013, when the Court was pleased to pass the following Order : ''Issue notice, both on the applications for condonation of delay as also on the special leave petitions. Let the matter be heard along with Civil Appeal No.5680 of 2009. In the meantime, there will be stay of further proceedings in connection with the Notice issued under Section 13(4) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.''
-2- Accordingly, show cause notice was issued to both the respondents on 3.5.2013 through Regd. A.D. post. A.D. Card duly signed has been received in respect of respondent no.1 but no one has entered appearance on their behalf, so far. Neither A.D. card nor unserved cover containing the notice has been received back in respect of respondent no. 2, so far. Service is not complete on respondent No. 2. As the connected matters are on board, the matter above mentioned is listed before the Hon'ble Court with this report. Dated this the 24 th day of February, 2014. ASSISTANT REGISTRAR Copy to : Mr. Ankur S. Kulkarni, Adv. ASSISTANT REGISTRAR
lITEM NO.65 REGISTRAR COURT.2 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR SUNIL THOMAS WRIT PETITION (CIVIL) NO(s). 922 OF 2013LALITA MOHAN TEJWANI Petitioner(s) VERSUSU.O.I & ORS Respondent(s)(With appln(s) for directions and office report)Date: 25/02/2014 This Petition was called on for hearing today.For Petitioner(s) Mrs. S. Usha Reddy,Adv.For Respondent(s) Mr. Satyajeet Kumar,Adv. Ms. Abha R. Sharma,Adv. UPON hearing counsel the Court made the following O R D E R Await return of notice of Respondent Nos. 1 and 5. Respondent Nos. 2 and 3 are granted time for filing counter affidavit. The learned counsel for the petitioner is directed to clarify whether respondent no.5 is a necessary party. List the matter on 28.3.2014.| | |(SUNIL THOMAS) ||mg | |Registrar |
$ITEM NO.4-A COURT NO.4 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSWRIT PETITION (CIVIL) NO(s). 142 OF 2014SHAMIN BANOO MODAK Petitioner(s) VERSUSU.O.I & ORS Respondent(s)(With appln(s) for ex-Parte stay)Date: 19/02/2014 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE A.K. PATNAIK HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLAFor Petitioner(s) Mr. Devansh A. Mohta, Adv. Mr. Shishir Deshpande, Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Taken on Board. List on 28th February, 2014. (G. SUDHAKARA RAO) (SHARDA KAPOOR) COURT MASTER COURT MASTER
LISTING ON 21.01.2014 COURT NO. 8 ITEM NO.102 SEC.IVA IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION PETITIONS FOR SPECIAL LEAVE TO APPEAL (CIVIL) NOS. 7295-7298 OF 2011 WITH PRAYER FOR INTERIM RELIEF Inamdar Syyad Peersab Aminsab & Ors. ...Petitioners -VERSUS- Maamtaz Begum & Ors. ...Respondents OFFICE REPORT The matters above mentioned were listed before the Hon'ble Court on 04.03.2011 with an Office Report dated 02.03.2011, when the Court was pleased to pass the following Order: “Delay condoned. Issue notice. Tag with C.A.No.5680 of 2009. In the meantime, the respondent Bank shall remain restrained from proceeding further under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act, 2002), as far as the petitioners are concerned. Let this matter appear along with C.A.No.5680 of 2009, on 29 th March, 2011, for directions. '' Service of show cause notice is complete. Thereafter, the matter above mentioned was listed before the Hon'ble Court on 29.03.2011 alongwith connected matters, when the Court was pleased to pass the following Order: “ This is a batch of matters in which Civil Appeal no. 5630 of 2009 is also included. Learned Counsel appearing for the appellants and the bank submits that the parties have resolved their disputes in Civil Appeal no. 5630 of 2009 and the appellants do not, therefore, wish to press the appeal. The aforesaid appeal, is accordingly, dismissed as not pressed.
From the Office Report dated 28 th March, 2011, it appears that in Civil Appeal nos. 5685 of 2009 and 5686 of 2009, service is not yet complete. Let the said appeals be de-tagged from these batch of appeals and the let the same be listed separately once the service is complete. -2- Learned counsel appearing for the appellant in Civil Appeal No. 5689 of 2009 submits that she has taken steps for the original records to be brought from the High Court and that the same are likely to be received by this Court within a week from that date. Having regard to the above, let these batch of appeals, except for Civil Appeal Nos. 5685 of 2009 and 5686 of 2009, be listed for final disposal on 20th July, 2011, at the top of the list.” Thereafter, the matters above mentioned were listed before the Hon'ble Court on 27.08.2013 with an Office Report dated 26.08.2013 alongwith connected matters, when the Court was pleased to pass the following Order: “CIVIL APPEAL NO. 5689 OF 2009 Learned counsel for the appellant seeks permission to withdraw the civil appeal. Permission is granted. Consequently, the civil appeal is dismissed as withdrawn.” It is submitted that Mr. H. Chandra Shekhar, Advocate has filed vakalatnama/appearance on behalf of petitioner viz Manjula Hiremath (in SLP (C) No. 7296/2011) but the same is defective as he has not taken 'No Objection Certificate' from erstwhile Advocate Mr. Debasis Misra. The matters are listed before the Hon'ble Court with this Report. Dated this the 20 th day of January, 2014. ASSISTANT REGISTRAR COPY TO:Mr. Debasis Misra, Advocate Ms. N.Annapoorani, Advocate Mr. S.N.Bhat, Advocate
ASSISTANT REGISTRAR SK/-
ITEM NO.MM-8A COURT NO.8 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSWRIT PETITION (CIVIL) NO(s). 40 OF 2014BRIAN HILLARY CASTELINO Petitioner(s) VERSUSU.O.I & ORS. Respondent(s)(With appln(s) for directions and office report ))Date: 21/01/2014 This Petition was called on for mentioning today.CORAM : HON'BLE MR. JUSTICE SURINDER SINGH NIJJAR HON'BLE MR. JUSTICE A.K. SIKRIFor Petitioner(s) Mr. Mathews J. Nedumpara, Adv. Mr. Prakash C. Sharma, Adv. Mrs. S. Usha Reddy,AOR(Not present)For Respondent(s) UPON hearing counsel the Court made the following O R D E R Taken on Board. Issue notice. Tag with Civil Appeal No. 5680 of 2009. In the meantime, the respondent-Bank shall remain restrained from proceeding further under the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest, 2002 (Sarfasi Act, 2002) as far as the petitioner is concerned. |(Parveen Kr.Chawla) | |(Saroj Saini) ||Court Master | |Court Master || | | |
ôITEM NO.12 COURT NO.8 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS WRIT PETITION (CIVIL) NO. 5 OF 2014M.K.SAIPRABHU Petitioner(s) VERSUSU.O.I & ORS Respondent(s)(With appln(s) for ex-Parte stay and office report)(FOR PREL. HEARING) WITHW.P(C) NO. 10 of 2014(With appln(s) for ex-Parte stay and office report)(FOR PREL. HEARING)Date: 17/01/2014 These Petitions were called on for hearing today.CORAM : HON'BLE MR. JUSTICE SURINDER SINGH NIJJAR HON'BLE MR. JUSTICE A.K. SIKRIFor Petitioner(s) Mr. S. Sadasiva Reddy, Adv. Mrs. S. Usha Reddy, Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Issue notice. Tag with Civil Appeal No.5680 of 2009. In the meantime, respondent No.2 - Bank shall remain restrained from proceeding further under the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.|(VINOD LAKHINA) | |(SURESH KUMAR VERMA) ||COURT MASTER | |COURT MASTER |
ÔITEM NO.12 REGISTRAR COURT.1 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS WRIT PETITION (CIVIL) NO(s). 487 OF 2012 BEFORE THE REGISTRAR M.K.HANJURAM/S TIRUPATI GAS SERVICES Petitioner(s) VERSUSU.O.I. & ORS. Respondent(s)(With appln(s) for stay and office report )Date: 07/01/2014 This Petition was called on for hearing today.For Petitioner(s) Ms. Sujata Kurdukar,Adv.For Respondent(s) Mr. D.M. Nargolkar,Adv. UPON hearing counsel the Court made the following O R D E R None appears. Respondent No.2 has already filed the counter affidavit as ispalpable from the perusal of the office report. Service is complete as against the other respondents but no one hasentered appearance on their behalf. Viewed in that context, the matter shall be processed for listingbefore the Hon'ble Court on its own turn.| | |(M.K.HANJURA) || | |REGISTRAR |hj
xITEM NO.MM 7-A COURT NO.7 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS WRIT PETITION (CIVIL) NO(s). 1037 OF 2013M/S MIRAGE STEELS & ORS Petitioner(s) VERSUSU.O.I & ORS Respondent(s)(With appln(s) for ex-Parte stay and office report ))WITH W.P(C) NO. 1043 of 2013(With appln(s) for ex-Parte stay and office report ))W.P(C) NO. 1044 of 2013(With appln(s) for ex-Parte stay and office report ))W.P(C) NO. 1045 of 2013(With appln(s) for ex-Parte stay and office report ))Date: 17/12/2013 These Petitions were called on for hearing today.CORAM : HON'BLE MR. JUSTICE SURINDER SINGH NIJJAR HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLAFor Petitioner(s) Mr.Gaurav Agrawal,Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Taken on Board. Issue notice. Tag with Civil Appeal No. 5680 of 2009. In the meantime, the respondent Bank shall remain restrained from proceeding further under the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (Sarfaesi Act, 2002) as far as the petitioners are concerned. (Sukhbir Paul Kaur) (Indu Bala Kapur)
Court Master Court Master
P OUT TODAYITEM NO.MM-8A COURT NO.8 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS WRIT PETITION (CIVIL) NO(s). 1007 OF 2013M/S UNISTAR FORGING PVT LTD & ORS Petitioner(s) VERSUSU.O.I & ANR Respondent(s)(With appln(s) for ex-Parte stay )Date: 03/12/2013 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE SURINDER SINGH NIJJAR HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLAFor Petitioner(s) Mr. A.H. Lohiya, Adv. Mr. Garvesh Kabra,Adv. Mr. Anurag Kishor, Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Taken on Board. Issue notice. Tag with Civil Appeal No. 5680 of 2009. In the meantime, the Bank shall not proceed further under the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.
(Sukhbir Paul Kaur) (Indu Bala Kapur) Court Master Court Master
&ITEM NO.MM-9A COURT NO.9 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS WRIT PETITION (CIVIL) NO(s). 996 OF 2013M/S.WASEEQ CAFETARIA Petitioner(s) VERSUSUNION OF INDIA & ORS. Respondent(s)(With appln(s) for ex-Parte stay)WITH W.P(C) NO. 1000 of 2013(With appln(s) for ex-parte stay)W.P(C) NO. 1002 of 2013(With appln(s) for ex-parte stay)W.P(C) NO. 1004 of 2013(With appln(s) for ex-parte stay)Date: 29/11/2013 These Petitions were called on for hearing today.CORAM : HON'BLE MR. JUSTICE SURINDER SINGH NIJJAR HON'BLE MRS. JUSTICE RANJANA PRAKASH DESAIFor Petitioner(s) Mr.Shishir Deshpande,Adv. Mr. Devansh A. Mohta, Adv. Mr. Amit Yadav, Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R List these matters on the date notified, i.e. 9th December, 2013. Till then, the respondent Bank shall remain restrained from proceeding any further under the provisions of the Securitization and Reconstruction of financial Assets and Enforcement of Security Interest Act, 2002, as far as the petitioners are concerned. Learned counsel for the petitioners is directed to serve a copy of the writ petitions on the respondent No.1, Union of India, before the said date. (Sukhbir Paul Kaur) (Indu Bala Kapur) Court Master Court Master
\230ITEM NO.21 COURT NO.9 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil)....../2013 CC 19416/2013(Arising out of the impugned final judgment and order dated 10.7.2013passed by the Debts Recovery tribunal-II, Ahmedabad at Ahmedabad inSecuritisation Application No. 48 of 2008)RASHTRABHASHA PRACHAR MANDAL Petitioner(s) VERSUSANYONYA CO.OP BANK LTD AND ORS Respondent(s)(With appln(s) for permission to file SLP and prayer for interim relief andoffice report )Date: 11/11/2013 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE SURINDER SINGH NIJJAR HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLAFor Petitioner(s) Mr. Gaurav Goel, Adv. Ms. Garima Prashad,Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Permission to file the special leave petition is granted. Issue notice. Let this matter be heard along with Civil Appeal No. 5680 of 2009. In the meantime, the parties are directed to maintain status quo with regard to the properties forming the subject-matter of the proceedings under the provisions of the Securitisation and Reconstructions of Financial Assets and Enforcement of Security Interest Act, 2002 (the SARFAESI Act). (Sukhbir Paul Kaur) (Indu Bala Kapur) Court Master Court Master
2ITEM NO.68 COURT NO.8 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS WRIT PETITION (CIVIL) NO(s). 922 OF 2013LALITA MOHAN TEJWANI Petitioner(s) VERSUSU.O.I & ORS Respondent(s)(With appln(s) for interim order/directions and office report )Date: 28/10/2013 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE SURINDER SINGH NIJJAR HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLAFor Petitioner(s) Mr. Mathews J. Nedumpara, Adv. Mrs. S. Usha Reddy,Adv.For Respondent(s) Mr. Vinay Navare, adv. Mr. Satyajeet Kumar, Adv. MR. Keshav Ranjan, Adv. Ms. Abha R. Sharma,Adv. UPON hearing counsel the Court made the following O R D E R Issue notice confined only to the issue whether the provisions under the SARFAESI Act can be invoked against the petitioner. In the meantime, the respondent Bank shall remain restrained from proceeding further under the provisions of Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 so far as the petitioner is concerned. (Sukhbir Paul Kaur) (Indu Bala Kapur) Court Master Court Master
ÄITEM NO.MM-2 COURT NO.1 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSWRIT PETITION (CIVIL) NO(s). 922 OF 2013LALITA MOHAN TEJWANI Petitioner(s) VERSUSU.O.I & ORS Respondent(s)(With appln(s) for directions and office report)Date: 24/10/2013 This Petition was mentioned today.CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE RANJAN GOGOI HON'BLE MR. JUSTICE SHIVA KIRTI SINGHFor Petitioner(s) Mrs. S. Usha Reddy,Adv.For Respondent(s) UPON being mentioned the Court made the following O R D E R List on 28th October, 2013 before an appropriate Bench. [Madhu Bala] [Savita Sainani] Court Master Court Master
¬ITEM NO.18 REGISTRAR COURT.1 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS WRIT PETITION (CIVIL) NO(s). 487 OF 2012 BEFORE THE REGISTRAR M.A. SAYEEDM/S TIRUPATI GAS SERVICES Petitioner(s) VERSUSU.O.I. & ORS. Respondent(s)(With appln(s) for stay and office report )Date: 23/10/2013 This Petition was called on for hearing today.For Petitioner(s) Mr Shishir Deshpande, Adv. Ms. Sujata Kurdukar,Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R In all there are four respondents out of which barring respondentNo.2, remaining are proceeded ex parte. On behalf of respondent no.2, the ld. Counsel, Mr Pinaki Addyhas accepted notice and undertaken to file vakalatnama and counteraffidavit by next date. Four weeks' time is granted. List again on 2.12.2013.| | |(M.A.SAYEED) || | |REGISTRAR |hj
VITEM NO.18 REGISTRAR COURT.1 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS WRIT PETITION (CIVIL) NO(s). 487 OF 2012 BEFORE THE REGISTRAR M.A. SAYEEDM/S TIRUPATI GAS SERVICES Petitioner(s) VERSUSU.O.I. & ORS. Respondent(s)(With appln(s) for stay and office report )Date: 27/09/2013 This Petition was called on for hearing today.For Petitioner(s) Mr Shishir Deshpande, Adv. Ms. Sujata Kurdukar,Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R File not received. List again on 23.10.2013.| | |(M.A.SAYEED) || | |REGISTRAR |hj
\220ITEM NO.13 COURT NO.8 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSWRIT PETITION (CIVIL) NO(s). 819 OF 2013 (For prel. hearing)M/S JAYANTILAL & CO. & ORS Petitioner(s) VERSUSU.O.I & ORS Respondent(s)(With appln(s) for ex-parte stay and office report )Date: 23/09/2013 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE SURINDER SINGH NIJJAR HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLAFor Petitioner(s) Mr. Vijay Kumar,Adv. Mr. Bharat L. Gandhi, Adv. Mr. Gopi Chand, Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Issue notice. In the meanwhile, further proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 shall remain stayed. Tag with Writ Petition(Civil) No. 253 of 2013 - M/s. Monarch Manufacturing Comp. and others versus Union of India and others. (Sukhbir Paul Kaur) (Indu Bala Kapur) Court Master Court Master
>ITEM NO.13+55 COURT NO.9 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil)....../2013 CC 15576/2013(From the judgement and order dated 22/04/2013 in SCA No.3046/2012 of TheHIGH COURT OF GUJARAT AT AHMEDABAD)AUTH. OFF. AHMEDABAD M. COOP. BANK & ANR Petitioner(s) VERSUSU.O.I & ORS Respondent(s)With I.A. 1 (C/delay in filing SLP and office report )along with S.L.P.(C) ....... Cc 15476 of 2013(With appln. for c/delay in filing SLP and office report)Date: 13/09/2013 These Petitions were called on for hearing today.CORAM : HON'BLE MR. JUSTICE SURINDER SINGH NIJJAR HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLAFor Petitioner(s) Mr. P.B. Suresh, Adv. Mr. Vipin Nair, Adv. Mr. Udayaditya Banerjee, Adv. for M/S. Temple Law Firm,Adv.For Respondent(s) Mr. Chirag M. Shroff, Adv. Mr. Abhishek Singh, Adv. UPON hearing counsel the Court made the following O R D E R Delay condoned. Issue notice. Let the matters be heard along with C.A. No. 5680 of 2009. In the meantime, the parties are directed to maintain status quo with regard to the properties forming the subject matter of the proceedings under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (the SARFAESI Act). (Sukhbir Paul Kaur) (Indu Bala Kapur) Court Master Court Master
SECTION. IX IN THE SUPREME COURT OF INDIA Petition(s) for Special Leave to Appeal (Civil) No(s).22304-22305/2011 (From the judgement and order dated 18/03/2011 in SCA No. 3627/2011 of The HIGH COURT OF GUJARAT AT AHMEDABAD) NAKIBHAJI ARIF NOORANI Petitioner(s) VERSUS UNION OF INDIA & ORS. Respondent(s) OFFICE REPORT SLP (C) Nos. 22304-22305 of 2011 The matters above-mentioned were listed before the Hon'ble Court on 05th August, 2011, when the Court was pleased to pass the following order:- "Delay condoned. Issue notice. Tag with C.A. No. 5680 of 2009. In the meantime, the parties are directed to maintain status quo with regard to the properties in question." It is submitted for information of the Hon'ble Court that there are three Respondents in this matter. Show cause notice was issued to all the three Respondents by registered A.D. post. Neither A.D. cards nor unserved covers have been received back. Service is incomplete on all the three Respondents and the Counsel for the Petitioner has not taken appropriate steps to complete the service. SLP (C) No. 21260 of 2011 The matter above-mentioned was listed before the Hon'ble Court on 16th September, 2011, when the Court was pleased to pass the following order:- "Issue notice and tag with C.A. No.5680 of 2009. In the meantime, the respondent-Banks shall not proceed under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, as far as the properties of the petitioner are concerned. " ...2/- -2- It is submitted for information of the Hon'ble Court that there are two Respondents in this matter. Mr. A. P. Medh, Advocate has entered appearance on behalf of Respondent No. 1 and filed Counter Affidavit which has been included in the paper books. Ms. Sushma Suri, Advocate has entered appearance on behalf of Respondent No. 2 but not filed Counter Affidavit so far. Service of notice is complete. Thereafter, the I.A. No. 3 (application for modification of Court's order) in the matter above-mentioned was listed before the Hon'ble Court on 22nd July, 2013, when the Court was pleased to pass the following order:- "List this special leave petition and Interlocutory Application No. 3 of 2012 with Civil Appeal No. 5680 of 2009 and connected matters." SLP (C) Nos. 24479-24480 of 2011 The matters above-mentioned were listed before the Hon'ble Court on 10th September, 2011, when the Court was pleased to pass the following order:-
"Issue notice and tag with C.A. No. 5860 of 2009. Let notice also issue on I.A. Nos. 3-4 of 2011, returnable four weeks hence. In the meantime, the respondent-Bank shall not proceed under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, as far as the properties of the petitioners are concerned." It is submitted that there are three Respondents in the matters above- mentioned. Ms. Sushma Suri and Mr. P. S. Sudheer, Advocates have entered appearance on behalf of Respondent Nos. 1 and 2-3 respectively. Mr. P. S. Sudheer, Advocate has filed Counter Affidavit on behalf of Respondent Nos. 2 and 3 which has already been included in the paper books. Service of notice is complete. The matters above-mentioned are listed before the Hon'ble Court with this office report. Dated this the 02nd day of September, 2013. DEPUTY REGISTRAR
LISTING ON 27.08.2013 COURT NO. 9 ITEM NO.101 SEC.IVA IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION PETITIONS FOR SPECIAL LEAVE TO APPEAL (CIVIL) NOS. supnic 7295-7298 OF 2011 WITH PRAYER FOR INTERIM RELIEF Inamdar Syyad Peersab Aminsab & Ors. ...Petitioners -VERSUS- Maamtaz Begum & Ors. ...Respondents REVISED OFFICE REPORT The matters above mentioned were listed before the Hon'ble Court on 04.03.2011 with an Office Report dated 02.03.2011, when the Court was pleased to pass the following Order: '' Delay condoned. Issue notice. Tag with C.A.No.5680 of 2009. In the meantime, the respondent Bank shall remain restrained from proceeding further under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act, 2002), as far as the petitioners are concerned. Let this matter appear along with C.A.No.5680 of 2009, on 29 th March, 2011, for directions. '' Service of show cause notice is complete. Thereafter, the matter above mentioned was listed before the Hon'ble Court on 29.03.2011 alongwith connected matter, when the Court was pleased to pass the following Order: “ This is a batch of matters in which Civil Appeal no. 5630 of 2009 is also included. Learned Counsel appearing for the appellants and the bank submits that the parties have resolved their disputes in Civil Appeal no.
5630 of 2009 and the appellants do not, therefore, wish to press the appeal. The aforesaid appeal, is accordingly, dismissed as not pressed.
-2- From the Office Report dated 28 th March, 2011, it appears that in Civil Appeal nos. 5685 of 2009 and 5686 of 2009, service is not yet complete. Let the said appeals be de-tagged from these batch of appeals and the let the same be listed separately once the service is complete. Learned counsel appearing for the appellant in Civil Appeal No. 5689 of 2009 submits that she has taken steps for the original records to be brought from the High Court and that the same are likely to be received by this Court within a week from that date. Having regard to the above, let these batch of appeals, except for Civil Appeal Nos. 5685 of 2009 and 5686 of 2009, be listed for final disposal on 20th July, 2011, at the top of the list. ” It is submitted that no further documents has been filed by counsel for the parties. The matters are listed before the Hon'ble Court with this Report. Dated this the 26 th day of August, 2013. ASSISTANT REGISTRAR COPY TO:Mr. Debasis Misra, Advocate Ms. N.Annapoorani, Advocate Mr. S.N.Bhat, Advocate ASSISTANT REGISTRAR SK/-
ªITEM NO.16 REGISTRAR COURT.1 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS WRIT PETITION (CIVIL) NO(s). 487 OF 2012 BEFORE THE REGISTRAR M.A. SAYEEDM/S TIRUPATI GAS SERVICES Petitioner(s) VERSUSU.O.I. & ORS. Respondent(s)(With appln(s) for stay and office report )Date: 23/08/2013 This Petition was called on for hearing today.For Petitioner(s) Ms. Sujata Kurdukar,Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R In all there are 4 respondents. Respondent Nos. 1,2 and 4 have been already ordered to proceed exparte. Service report in respect of respondent no.3 is awaited from theconcerned District Court. Reminder be issued. List again on 27.9.2013.| | |(M.A.SAYEED) || | |REGISTRAR |hj
ºITEM NO.66 REGISTRAR COURT.2 SECTION XIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR SUNIL THOMASPetition(s) for Special Leave to Appeal (Civil) No(s).12916/2013PRAVAT BHUSAN KANUNGO Petitioner(s) VERSUSURBAN COOPERATIVE BANK LTD. & ORS. Respondent(s)(With prayer for interim relief and office report )Date: 21/08/2013 This Petition was called on for hearing today.For Petitioner(s) Mr. Anirudh Sanganeria,Adv. Mr. Mukul Kumar,Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Respondent No.1 has no appearance. Await Respondent Nos. 2 and 3. List the matter on 25.10.2013.| | |(SUNIL THOMAS) ||mg | |Registrar |
ZITEM NO.9 COURT NO.3 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS WRIT PETITION (CIVIL) NO(s). 588 OF 2013 [FOR PREL. HEARING]M/S. HOT METAL FORGE(I)P.LTD. & ORS. Petitioner(s) VERSUSUNION OF INDIA & ORS. Respondent(s)(With appln(s) for ex-parte stay and office report )Date: 08/08/2013 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE R.M. LODHA HON'BLE MR. JUSTICE MADAN B. LOKURFor Petitioner(s) Mr. Vijay Kumar,Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Issue notice. In the meanwhile, further proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 shall remain stayed. Connect with Writ Petition (C) No. 253 of 2013 - M/s. Monarch Manufacturing Comp. & Others vs. Union of India and others. |(Pardeep Kumar) | |(Renu Diwan) ||Court Master | |Court Master |
ITEM NO.3 COURT NO.3 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSI.A. Nos. 3-4/2011 inPetition(s) for Special Leave to Appeal (Civil) No(s).24479-24480/2011(From the judgement and order dated 28/07/2011 in SCA No.2128/2011 anddated 24/08/2011 in ,MCA No.2134/2011 in SCA No.2128/2011 of The HIGH COURTOF GUJARAT AT AHMEDABAD)M/S J KANTILAL JEWELLERS & ANR Petitioner(s)/ Applicant(s) VERSUSUNION OF INDIA & ORS. Respondent(s)(for directions and prayer for interim relief and office report )) [ONLY I.A. NOS. 3-4 FOR DIRECTIONS ARE LISTED]Date: 02/08/2013 These IAs were called on for hearing today.CORAM : HON'BLE MR. JUSTICE R.M. LODHA HON'BLE MR. JUSTICE MADAN B. LOKURFor Petitioner(s)/For Applicant(s) Mr. Nikhil Goel,Adv.For Respondent(s) Mr. Amar Dave, Adv. Mr. P.S.Sudheer,Adv. Mr. P.P. Malhotra, A.S.G. Mr. Gaurav Sharma, Adv. Ms. Sunita Sharma, Adv. Ms. Sushma Suri ,Adv UPON hearing counsel the Court made the following O R D E R Interlocutory Application Nos. 3-4 of 2011 are rejected.|(Rajesh Dham) | |(Renu Diwan) ||Court Master | |Court Master |
,ITEM NO.11 COURT NO.3 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS WRIT PETITION (CIVIL) NO(s). 469 OF 2013 [FOR PREL. HEARING]PRADEEP ASHOK MALANKAR & ANR. Petitioner(s) VERSUSUNION OF INDIA & ORS. Respondent(s)(With office report )Date: 26/07/2013 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE R.M. LODHA HON'BLE MR. JUSTICE MADAN B. LOKURFor Petitioner(s) Mr. Santosh Paul, Adv. Mr. M.J. Paul,Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Issue notice. In the meantime, the Bank -respondent No. 3 shall remain restrained from proceeding further under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, as far as the petitioners are concerned. Connect with Writ Petition (C) No. 411 of 2011 - M/s. Bhagra Resorts P. Ltd. and others vs. Union of India and others.|(Pardeep Kumar) | |(Renu Diwan) ||Court Master | |Court Master |
\222ITEM NO.50 COURT NO.3 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSI.A. No. 3/2012 inPetition(s) for Special Leave to Appeal (Civil) No(s).21260/2011(From the judgement and order dated 21/06/2011 in SCA No.6878/2011 of TheHIGH COURT OF GUJARAT AT AHMEDABAD)ARUNBHAI KALYANBHAI SUTARIYA Petitioner(s) VERSUSNUTAN NAGRIK SAHAKARI BANK LTD.& ANR Respondent(s)(for modification of Court's Order and office report ))Date: 22/07/2013 This IA was called on for hearing today.CORAM : HON'BLE MR. JUSTICE R.M. LODHA HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLAFor Petitioner(s) Mr. Nikhil Goel,Adv.For Respondent(s) Mr. H.P. Raval, Sr. Adv. Mr. Abhijat P. Medh,Adv. Mr. Pratyush Nandan, Adv. Mr. Anirudh, Adv. Mr. Mohan Parasaran, Solicitor General Mr. S. Luthra, A.S.G. Ms. V. Mohana, Adv. Mr. Aditya Singhla, Adv. Ms. Sushma Suri ,Adv UPON hearing counsel the Court made the following O R D E R List this special leave petition and Interlocutory Application No. 3 of 2012 with Civil Appeal No. 5680 of 2009 and connected matters.|(Rajesh Dham) | |(Renu Diwan) ||Court Master | |Court Master |
\234ITEM NO.32 REGISTRAR COURT.1 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS WRIT PETITION (CIVIL) NO(s). 487 OF 2012 BEFORE THE REGISTRAR M.A. SAYEEDM/S TIRUPATI GAS SERVICES Petitioner(s) VERSUSU.O.I. & ORS. Respondent(s)(With appln(s) for stay and office report)Date: 15/07/2013 This Petition was called on for hearing today.For Petitioner(s) Ms. Sujata Kurdukar,Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Respondent Nos.1, 2 and 4 are reported to be duly and properly servedthrough the concerned District Court but no one has put appearance on theirbehalf. Service report in respect of respondent No.3 is awaited from theconcerned District Court. Reminder be issued. List again on 23.8.2013.| | | (M.A. SAYEED) || | |REGISTRAR || | | |rd
ØITEM NO.MM-8 COURT NO.2 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSWRIT PETITION (CIVIL) NO(s). 452 OF 2013SAWCAR T PREMNATH Petitioner(s) VERSUSUNION OF INDIA AND ORS Respondent(s)(With appln(s) for ex-parte stay and office report)Date: 11/07/2013 This Petition was mentioned today.CORAM : HON'BLE MR. JUSTICE P. SATHASIVAM HON'BLE MR. JUSTICE J. CHELAMESWARFor Petitioner(s) Mr. M.Khairati,Adv. Mr. Irshad Ahmad,Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R List on 15th July, 2013 before an appropriate Bench. [Madhu Bala] [Savita Sainani] Sr.PA Court Master
ÂITEM NO.3 COURT NO.1 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSWRIT PETITION (CIVIL) NO(s). 353 OF 2013 (FOR PREL. HEARING)M/S. ANJALI TOURS & TRAVELS & ORS. Petitioner(s) VERSUSU.O.I. & ORS. Respondent(s)(With appln(s) for ex-parte stay and office report ))Date: 08/07/2013 This Petition was called on for hearing today.CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLA HON'BLE MR. JUSTICE VIKRAMAJIT SENFor Petitioner(s) Mr. Sarad Kumar Singhania, AOR Mrs. Rashmi Singhania, Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Issue notice. Let the matter be heard along with C.A.No.5680 of 2009. In the meantime, the proceedings taken by the Bank under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (the SARFAESI Act), shall remain stayed.|(Sheetal Dhingra) | |(Juginder Kaur) ||AR-cum-PS | |Assistant Registrar |
DITEM NO.17 COURT NO.1 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil)....../2013 CC 10243/2013(From the judgement and order dated 22/04/2013 in SCA No.1730/2012, of TheHIGH COURT OF GUJARAT AT AHMEDABAD)GUJARAT STATE COOPERATIVE BANK LTD. Petitioner(s) VERSUSAMRUTBHAI HARJIBHAI PATEL & ORS. Respondent(s)( permission to file SLP and prayer for interim relief and office report ))WITHS.L.P.(C)...CC NO. 10244 of 2013( permission to file SLP and prayer for interim relief and office report )Date: 10/05/2013 These Petitions were called on for hearing today.CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE VIKRAMAJIT SEN HON'BLE MR. JUSTICE SHARAD ARVIND BOBDEFor Petitioner(s) Mr. Mukul Rohatgi, Sr. Adv. Mr. Tushar Mehta, Sr. Adv. Mr. Nakul Mohta, Adv. Mr. Mahesh agarwal, Adv. Mr. Rishi Agrawala, Adv. Mr. E.C. Agrawala, AOR Mr. Rajesh Kumar, Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Permission to file Special Leave Petitions is granted. Issue notice. Let the matters be heard along with C.A.No.5680 of 2009. In the meantime, the parties are directed to maintain status quo with regard to the properties forming the subject- matter of the proceedings under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (the SARFAESI Act)|(Sheetal Dhingra) | |(Juginder Kaur) ||AR-cum-PS | |Assistant Registrar |
6' REVISEDITEM NO.5 COURT NO.1 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSWRIT PETITION (CIVIL) NO(s). 264 OF 2013 (FOR PREL. HEARING)M/S ALCAST FOUNDRY PVT. LTD. & ORS. Petitioner(s) VERSUSUNION OF INDIA & ORS. Respondent(s)(With appln(s) for ex-parte stay and office report ))WITHW.P(C) NO. 265 of 2013 (FOR PREL. HEARING)(With appln(s) for ex-parte stay and office report )W.P(C) NO. 266 of 2013 (FOR PREL. HEARING)(With appln(s) for ex-parte stay and office report )W.P(C) NO. 270 of 2013 (FOR PREL. HEARING)(With appln(s) for ex-parte stay and office report )W.P(C) NO. 271 of 2013 (FOR PREL. HEARING)(With appln(s) for ex-parte stay and office report )W.P(C) NO. 280 of 2013 (FOR PREL. HEARING)(With appln(s) for ex-parte stay and office report )Date: 10/05/2013 These Petitions were called on for hearing today.CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE VIKRAMAJIT SEN HON'BLE MR. JUSTICE S.A. BOBDEFor Petitioner(s) Mr. Sarad Kumar Singhania, AOR Mrs. Rashmi Singhania, Adv.For Respondent(s) Mr. Vinay Navare, Adv.R.3 in WP 264/13 Mr. Keshav Ranjan, Adv. Mr. Satyajeet Kumar, Adv. Ms. Abha R. Sharma, AOR UPON hearing counsel the Court made the following O R D E R Issue Rule, returnable eight weeks hence. Let the matters be heard along with C.A.No.5680 of 2009. In the meantime, the proceedings taken by the Bank under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (the SARFAESI Act), shall remain stayed. Since the respondent No.3 is represented by Ms. Abha R.Sharma, in Writ Petition No. 264 of 2013, service of notice on the said respondent is dispensed with. Let the other respondents in all the writ petitions be served, both in the usual course and also by way of dasti service.|(Sheetal Dhingra) | |(Juginder Kaur) ||AR-cum-PS | |Assistant Registrar |
ITEM NO.5 COURT NO.1 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSWRIT PETITION (CIVIL) NO(s). 264 OF 2013 (FOR PREL. HEARING)M/S ALCAST FOUNDRY PVT. LTD. & ORS. Petitioner(s) VERSUSUNION OF INDIA & ORS. Respondent(s)(With appln(s) for ex-parte stay and office report ))WITHW.P(C) NO. 265 of 2013 (FOR PREL. HEARING)(With appln(s) for ex-parte stay and office report )W.P(C) NO. 266 of 2013 (FOR PREL. HEARING)(With appln(s) for ex-parte stay and office report )W.P(C) NO. 270 of 2013 (FOR PREL. HEARING)(With appln(s) for ex-parte stay and office report )W.P(C) NO. 271 of 2013 (FOR PREL. HEARING)(With appln(s) for ex-parte stay and office report )W.P(C) NO. 280 of 2013 (FOR PREL. HEARING)(With appln(s) for ex-parte stay and office report )Date: 10/05/2013 These Petitions were called on for hearing today.CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE VIKRAMAJIT SEN HON'BLE MR. JUSTICE S.A. BOBDEFor Petitioner(s) Mr. Sarad Kumar Singhania, AOR Mrs. Rashmi Singhania, Adv.For Respondent(s) Mr. Vinay Navare, Adv.R.3 in WP 264/13 Mr. Keshav Ranjan, Adv. Mr. Satyajeet Kumar, Adv. Ms. Abha R. Sharma, AOR UPON hearing counsel the Court made the following O R D E R Issue Rule, returnable eight weeks hence. Let the matters be heard along with C.A.No.5680 of 2009. In the meantime, the demand and recovery of Transit Fees on forest produce, shall remain stayed. Since the respondent No.3 is represented by Ms. Abha R.Sharma, in Writ Petition No. 264 of 2013, service of notice on the said respondent is dispensed with. Let the other respondents in all the writ petitions be served, both in the usual course and also by way of dasti service.|(Sheetal Dhingra) | |(Juginder Kaur) ||AR-cum-PS | |Assistant Registrar |
lITEM NO.3+27 COURT NO.1 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS WRIT PETITION (CIVIL) NO.253 OF 2013M/S MONARCH MANUFACTURING COMP. & ORS. Petitioner(s) VERSUSUNION OF INDIA & ORS. Respondent(s)(With appln(s) for ex-parte stay and office report)WITH W.P.(C) NO.279 of 2013(With appln(s) for ex-parte stay and office report)W.P.(C) NO.284 of 2013(With appln(s) for ex-parte stay and office reportDate: 09/05/2013 This Petition was called on for hearing today.CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE VIKRAMAJIT SEN HON'BLE MR. JUSTICE SHARAD ARVIND BOBDEFor Petitioner(s) Mr. Vijay Kumar, AOR Mr. Bharat L. Gandhi, Adv.For Respondent(s) Ms. Abha R. Sharma, AOR UPON hearing counsel the Court made the following O R D E R W.P.(C) NOS.253 OF 2013 & 279 OF 2013 Issue notice. Let the matters be heard along with Civil Appeal No.5680 of 2009. In the meantime, further proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, shall remain stayed. W.P.(C) NO.284 OF 2013 Issue notice.
Let the matter be heard along with Civil Appeal No.5680 of 2009. Since learned counsel has appeared on behalf of the respondent No.2-Bank, service of notice on the said respondent is dispensed with. The respondents will be entitled to file their respective counter affidavits within four weeks. Rejoinder, if any, may be filed within two weeks thereafter. In the meantime, further proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, shall remain stayed.|(Chetan Kumar) | |(Juginder Kaur) ||Court Master | |Assistant Registrar |
pITEM NO.6 COURT NO.1 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS WRIT PETITION (CIVIL) NO.250 OF 2013LOTUS AUTO ELECTRIC & ORS. Petitioner(s) VERSUSUNION OF INDIA & ORS. Respondent(s)(With appln(s) for ex-parte stay and office report)Date: 08/05/2013 This Petition was called on for hearing today.CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE VIKRAMAJIT SEN HON'BLE MR. JUSTICE SHARAD ARVIND BOBDEFor Petitioner(s) Mr. Sarad Kumar Singhania, AOR Mrs. Rashmi Singhania, Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Issue notice. Let the matter be heard with along with C.A. No.5680 of 2009. In the meantime, further proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, shall remain stayed.|(Chetan Kumar) | |(Juginder Kaur) ||Court Master | |Assistant Registrar |
¢ITEM NO.5 COURT NO.1 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS WRIT PETITION (CIVIL) NO.248 OF 2013C. PRABHU Petitioner(s) VERSUSUNION OF INDIA & ORS. Respondent(s)(With appln(s) for ex-parte stay and office report)Date: 08/05/2013 This Petition was called on for hearing today.CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE VIKRAMAJIT SEN HON'BLE MR. JUSTICE SHARAD ARVIND BOBDEFor Petitioner(s) Mr. S. Sadasiva Reddy, Adv. Mrs. S. Usha Reddy, AORFor Respondent(s) UPON hearing counsel the Court made the following O R D E R Issue notice. Let the matter be heard along with C.A. No.5680 of 2009. In the meantime, the respondent No.2-Bank shall remain restrained from proceeding further under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.|(Chetan Kumar) | |(Juginder Kaur) ||Court Master | |Assistant Registrar |
ITEM NO.14 COURT NO.1 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS WRIT PETITION (CIVIL) NO.233 OF 2013KASIN IMPEX PVT. LTD. & ORS. Petitioner(s) VERSUSUNION OF INDIA & ORS. Respondent(s)(With appln(s) for ex-parte stay and office report)WITH W.P.(C) NO.236 of 2013(With appln(s) for ex-parte stay and office report)W.P.(C) NO.238 of 2013(With appln(s) for ex-parte stay and office report)Date: 06/05/2013 These Petitions were called on for hearing today.CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE VIKRAMAJIT SEN HON'BLE MR. JUSTICE A.K SIKRIFor Petitioner(s) Mr. Gaurav Agrawal, AORFor Respondent(s) UPON hearing counsel the Court made the following O R D E R Issue notice. Let the matter be heard along with C.A. No.5680 of 2009. In the meantime, further proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, shall remain stayed.|(Chetan Kumar) | |(Juginder Kaur) ||Court Master | |Assistant Registrar |
\232ITEM NO.MM-1-B COURT NO.1 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil) No(s).17054/2013(From the judgement and order dated 22/04/2013 in SCA No.1730/2012 of TheHIGH COURT OF GUJARAT AT AHMEDABAD)A.O., SURENDRANAGAR CO-OP. BANK LTD. Petitioner(s) VERSUSAMRUTBHAI HARJIBHAI PATEL & ORS. Respondent(s)(With appln(s) for exemption from filing c/c of the impugned Judgment andprayer for interim relief)Date: 03/05/2013 This Petition was called on for hearing today.CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE M.Y. EQBAL HON'BLE MR. JUSTICE VIKRAMAJIT SENFor Petitioner(s) Mr. Tushar Mehta, Sr. Adv. Mr. Rajesh Kumar, Adv. Mr. E.C. Agrawala, AORFor Respondent(s) UPON hearing counsel the Court made the following O R D E R Taken on Board. Issue notice. Let this matter be taken up along with SLP(C)No.17573 of 2007 and Writ Petition No.2672 of 2007.|(Sheetal Dhingra) | |(Juginder Kaur) ||AR-cum-PS | |Assistant Registrar |
ITEM NO.13 REGISTRAR COURT.1 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS WRIT PETITION (CIVIL) NO(s). 487 OF 2012 BEFORE THE REGISTRAR M.A. SAYEEDM/S TIRUPATI GAS SERVICES Petitioner(s) VERSUSU.O.I. & ORS. Respondent(s)(With appln(s) for stay and office report )Date: 30/04/2013 This Petition was called on for hearing today.For Petitioner(s) Ms. Sujata Kurdukar,Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Respondent Nos. 1 and 2 are reported to be duly served throughconcerned District Court and post but none appeared nor any steps taken ontheir behalf. Service report in respect of respondent Nos. 3 and 4 is awaitedfrom the concerned District Court. Reminder be issued. List again on 15.7.2013.| | |(M.A.SAYEED) || | |REGISTRAR |hj
®ITEM NO.19 COURT NO.1 SECTION IVA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil)....../2013(CC 8471-8472/2013)(From the judgement and order dated 19/12/2011 in WA No.545/2008and WP No.8165/2008 of The HIGH COURT OF KARNATAKA AT BANGALORE)G. MARIYAMMA ETC. Petitioner(s) VERSUSBHAVASARA KSHATRIYA CO-OP.BANK LTD.&ORSE Respondent(s)(With appln(s) for c/delay in filing SLP and office report)Date: 18/04/2013 These Matters were called on for hearing today.CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE AFTAB ALAM HON'BLE MR. JUSTICE VIKRAMAJIT SENFor Petitioner(s) Mr. S.K. Kulkarni,Adv. Mr. M. Gireesh Kumar,Adv. Mr. Ankur S. Kulkarni,Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Issue notice, both on the applications for condonation of delay as also on the special leave petitions. Let the matter be heard along with Civil Appeal No.5680 of 2009. In the meantime, there will be stay of further proceedings in connection with the Notice issued under Section 13(4) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. [ T.I. Rajput ] [ Juginder Kaur ] Deputy Registrar Assistant Registrar
\212ITEM NO.11 COURT NO.1 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSWRIT PETITION (CIVIL) NO(s). 191 OF 2013 (FOR PREL. HEARING)SANJAY RAJABHAU RATHI & ANR. Petitioner(s) VERSUSNASHIK DISTRICT IND. & MER. CO-OP B.L&OR Respondent(s)(With appln(s) for ex-parte stay and office report ))WITHW.P(C) NO. 192 of 2013 (FOR PREL. HEARING)(With appln(s) for ex-parte stay and office report )Date: 18/04/2013 These Petitions were called on for hearing today.CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE AFTAB ALAM HON'BLE MR. JUSTICE VIKRAMAJIT SENFor Petitioner(s) Mr. Amol Chitale, Adv. Mr. Nirnimesh Dube, Adv. Ms. Pragya Baghel, AORFor Respondent(s) UPON hearing counsel the Court made the following O R D E R Issue notice. Let the matters be heard along with C.A.No.5680 of 2009. In the meantime, the proceedings taken by the Bank under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (the SARFAESI Act), shall remain stayed.|(Sheetal Dhingra) | |(Juginder Kaur) ||AR-cum-PS | |Assistant Registrar |
*ITEM NO.12 REGISTRAR COURT.2 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS WRIT PETITION (CIVIL) NO(s). 318 OF 2010 BEFORE THE REGISTRAR SUNIL THOMASCHITRA SHAH & ORS. Petitioner(s) VERSUSUNION OF INDIA & ORS. Respondent(s)With W.P.(C)Nos. 40, 41, 108, 233, 254, 220, 251, 252, 293, 306, 308, 338,367, 378, 375, 484, 529, 531/2011, 5, 48, 97, 103, 111, 123, 122, 136,199,248, 249, 250, 271, 291, 293/2012, SLP(C)No.18732-18733/2012, W.P.(C)Nos.386, 369, 371, 460, 461/2012, SLP(C)No.24276/2012, W.P.(C)No.490, 554,521, 537, 557/2012, 7, 6, 36, 37, 51, 52, 58, 91, 111 and 112/2013Date: 17/04/2013 This Petition was called on for hearing today.For Petitioner(s) Mr. Rameshwar Prasad Goyal,Adv. Mr. Satpal Singh,Adv. Mr. Pankaj Kumar Singh,Adv. Mr. Vijay Kumar,Adv. Mr. Anil Kumar,Adv. Mrs. S. Usha Reddy,Adv. Mr. P.K. Manohar,Adv. Mr. Sureshan P,Adv. Ms. Malavika J.,Adv. Ms. Sujata Kurdukar,Adv. Mr. Jatin Zavery,Adv. Mr. Jaya Savla,Adv. Ms.Renuka Sahu,Adv. Mr. Bankey Bihari Sharma,Adv. Mr. Mahenddra Kumar,Adv. ...2/-Item No.12 : 2 : Mr. Lakshmi Raman Singh,Adv. Ms. S. Janani,Adv. Mr. Gaurav Agrawal,Adv. Mr. M. Khairati,Adv. Mr. N. Ganpathy,Adv. Mr. N.D.B. Raju,Adv. Mr. Harish Pandey,Adv.
Mr. Sarad Kumar Singhania,Adv. Mr. P.S. Sudheer,Adv. Mr. Abu John Mathew,Adv. Mr. Sureshan P.,Adv. Mr. Neel Kamal Mishra,Adv. Mr. Jatin Zaveri,Adv. Mr. M. Khairati,Adv. Mr. Irshad Ahmad,Adv. Ms./Mr. Ashu Gupta,Adv.For Respondent(s) M/s. K.J. John & Co,Adv. Ms. Asha Gopalan Nair,Adv. Mr. Shreekant N. Terdal,Adv. Mr. Deeptakirti Verma,Adv. Mr. Rakesh K. Sharma,Adv. Mr. K.V. Bharathi Upahyaya,Adv. Ms. Praveena Gautam,Adv. Mr. Anil Kumar,Adv. Mr. Shivaji M. Jadhav,Adv. Mr. V.N. Raghupathy,Adv. Mr. S.N. Bhat,Adv. ...3/Item No.12 : 3 : Mr. P.K. Manohar,Adv. Mr. C.K. Sasi,Adv. Ms. Abha R. Sharma,Adv. Ms. Sushma Suri,Adv. Mr. Jaya Savla,Adv. Mr. Deeptakirti Verma,Adv. Ms. Neha S. Verma,Adv. Mr. Satpal Singh,Adv. Mr. Lakshmi Raman Singh,Adv. Mr. Anil Kumar Mishra,Adv. Mr. H.S. Parihar,Adv. Ms. A. Sumathi,Adv. Mr. Shivaji M. Jadhav,Adv. Mr. Irshad Ahmad,Adv.
Mr. Piyush Sharma,Adv. Mr. Gaurav Agrawal,Adv. Mr. Abhijit Sengupta,Adv. Mr. D. Bharat Kumar,Adv. Mr. Senthil Jagadeesan,Adv. Mr. S. Arvindh,Adv. Mr. Rajesh Mahale,Adv. Mr. Krutin R. Joshi,Adv. Mr. Anurag Singh,Adv. Mr. Anil Kr. Mishra,Adv. Mr. Keshav Ranjan,Adv. Ms. Abha R. Sharma,Adv. UPON hearing counsel the Court made the following O R D E R In SLP(C)Nos.18732-733/2012 service is complete. The last chance granted to the remaining served respondents for ...4/- Item No.12 : 4 : filing counter affidavit is over. List the matters before the Hon'ble Court, as per Rule. In W.P(C)No.386/2012 service is complete. The respondents may file their counter affidavit. within four weeks. List the matter before the Hon'ble Court, as per Rule. In all other matters await return of notice of the unserved respondents. All the served respondents are granted four more weeks time for filing counter affidavit. List the incomplete matters on 17.7.2013.| | |(SUNIL THOMAS) ||s | |Registrar |
ITEM NO.19 COURT NO.1 SECTION XIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil) No(s).12916/2013(From the judgement and order dated 21/12/2012 in WP No.10804/2012 of TheHIGH COURT OF ORISSA AT CUTTACK)PRAVAT BHUSAN KANUNGO Petitioner(s) VERSUSURBAN COOPERATIVE BANK LTD. & ORS. Respondent(s)(With prayer for interim relief and office report )Date: 15/04/2013 This Petition was called on for hearing today.CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE VIKRAMAJIT SENFor Petitioner(s) Mr. Anando Mukherjee, Adv. Mr. Anirudh Sangaheria, Adv. Ms. Divya Anand, Adv. Mr. Mukul Kumar,AOR.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Issue notice. Let the matter be heard along with C.A.No.5680 of 2009. In the meantime, the proceedings taken by the Bank under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (the SARFAESI Act), shall remain stayed. |(Sheetal Dhingra) | |(Juginder Kaur) ||AR-cum-PS | |Assistant Registrar |
ÈITEM NO.206 COURT NO.11 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil) No(s).29859/2010(From the judgement and order dated 23/08/2010 in SCA No.9938/2010 of TheHIGH COURT OF GUJARAT AT AHMEDABAD)PAN DRUGS LTD.& ANR Petitioner(s) VERSUSUNION OF INDIA & ANR Respondent(s)(With appln(s) for withdrawal and prayer for interim relief and officereport )(I.A. No. 1 is for permission to withdraw the affidavit dated 29.11.2010)Date: 12/04/2013 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE SURINDER SINGH NIJJAR HON'BLE MR JUSTICE PINAKI CHANDRA GHOSEFor Petitioner(s) Mr. Chirag M.Shroff,Adv.For Respondent(s) Mr. S.S. Panesar, adv. Mr. Aniruddha P. Mayee,Adv. Mr. Charudatta Mahindrakar, Adv. UPON hearing counsel the Court made the following O R D E R Tag with S.L.P.(C) No.17365 of 2010 and C.A. No. 5680 of 2009 arising out of S.L.P.(C) No. 17573 of 2007 and other connected matters. List these matters on 18th July, 2013 (non miscellaneous day). (Sukhbir Paul Kaur) (Indu Bala Kapur) Court Master Court Master
ÊITEM NO.4 COURT NO.1 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS WRIT PETITION (CIVIL) NO.151 OF 2013SHREE SHYAM ROLLING MILLS PVT. LTD.& ORS Petitioner(s) VERSUSUNION OF INDIA & ORS. Respondent(s)(With appln(s) for ex-parte stay and office report)WITH W.P.(C) NO.175 of 2013(With appln(s) for ex-parte stay and office report)W.P.(C) NO.181 of 2013(With appln(s) for ex-parte stay and office report)W.P.(C) NO.186 of 2013(With appln(s) for ex-parte stay and office report)Date: 03/04/2013 These Petitions were called on for hearing today.CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE VIKRAMAJIT SENFor Petitioner(s) Mr. Vijay Kumar, AOR Mr. Bharat Gandhi, Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Issue notice. Let the matters be heard along with C.A. No.5680 of 2009. In the meantime, there will be stay of further proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.|(Chetan Kumar) | |(Juginder Kaur) ||Court Master | |Assistant Registrar |
\204ITEM NO.17 COURT NO.1 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS WRIT PETITION (CIVIL) NO.146 OF 2013NARENDRA BALKRISHNA DAMANIA Petitioner(s) VERSUSUNION OF INDIA & ORS. Respondent(s)(With appln(s) for ex-parte stay and office report)Date: 01/04/2013 This Petition was called on for hearing today.CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE VIKRAMAJIT SENFor Petitioner(s) Mr. Pankaj Kumar Singh, Adv. Mr. Satpal Singh, AOR Mr. Manindra Dubey, Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Issue notice. Let the matter be heard along with Civil Appeal No.5680 of 2009. In the meantime, the respondent No.2-Bank shall remain restrained from proceeding further under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, as far as the petitioner is concerned.|(Chetan Kumar) | |(Juginder Kaur) ||Court Master | |Assistant Registrar |
ÀITEM NO.10 REGISTRAR COURT.1 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS WRIT PETITION (CIVIL) NO(s). 487 OF 2012 BEFORE THE REGISTRAR M.A. SAYEEDM/S TIRUPATI GAS SERVICES Petitioner(s) VERSUSU.O.I. & ORS. Respondent(s)(With appln(s) for stay and office report )Date: 01/04/2013 This Petition was called on for hearing today.For Petitioner(s) Mr Kaushal Naryan Mishra, Adv. Ms. Sujata Kurdukar,Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Service report is awaited from the postal authorities as well asthrough the concerned District Court in respect of respondent Nos. 1, 3 and4. Reminder be issued to the concerned District Court. Respondent No.2 is reported to be duly served through post but noneappeared nor any steps taken on his behalf. List again on 30.4.2013.| | |(M.A.SAYEED) || | |REGISTRAR |hj
ªITEM NO.18 COURT NO.1 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSWRIT PETITION (CIVIL) NO(s). 138 OF 2013 (FOR PREL. HEARING)KAMAL HOSPITALITY PVT. LTD. & ANR. Petitioner(s) VERSUSUNION OF INDIA & ORS. Respondent(s)(With appln(s) for ex-parte stay and office report ))Date: 22/03/2013 This Petition was called on for hearing today.CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MRS. JUSTICE RANJANA PRAKASH DESAIFor Petitioner(s) Mr. Sarad Kumar Singhania, AOR Ms. Rashmi Singhania, Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Issue notice. Let the matter be heard along with C.A.No.5680 of 2009. In the meantime, the proceedings taken by the Bank under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (the SARFAESI Act), shall remain stayed.|(Sheetal Dhingra) | |(Juginder Kaur) ||Court Master | |Assistant Registrar |
>ITEM NO.9 REGISTRAR COURT.2 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS WRIT PETITION (CIVIL) NO(s). 318 OF 2010 BEFORE THE REGISTRAR SUNIL THOMASCHITRA SHAH & ORS. Petitioner(s) VERSUSUNION OF INDIA & ORS. Respondent(s)(With appln(s) for stay and office report )) W.P.(C)No.40/2011 M/S.GEHLOT CREATION & ANR. MR. SATPAL SINGH A/N-H Vs. UNION OF INDIA & ORS. MR. SHREEKANT N. TERDAL W.P.(C)No.41/2011 M/S GEHLOT FINE FAB P.LTD.& MR. SATPAL SINGH A/N-H ORS. MR. SHREEKANT N. TERDAL W.P.(C)No.108/2011 M/S AARTI POLYMERS & ORS. MR. VIJAY KUMAR A/N-H Vs. UNION OF INDIA & ORS. MR. SHREEKANT N. TERDAL MR. RAKESH K. SHARMA W.P.(C)No.233/2011 M/S DAYA BUILDERS & ORS. MR. VIJAY KUMAR Vs. UNION OF INDIA & ORS. MS. K.V.BHARATHI UPADHYAYA W.P.(C)No.254/2011 SANYOGITA N JADHAV MR. VIJAY KUMAR Vs. UNION OF INDIA & ORS. MS. K.V.BHARATHI UPADHYAYA W.P.(C)No.220/2011 MUDALIAR DAMODARAN S. & ANR. MR. SATPAL SINGH W.P.(C)No.251/2011 BHAVESH GUNVANTAL SHAH MR. ANIL KUMAR Vs. UNION OF INDIA & ANR. MR. SHREEKANT N. TERDAL W.P.(C)No.252/2011 BHAVESH SHAH & ANR. MR. ANIL KUMAR Vs. UNION OF INDIA & ANR. MR. SHREEKANT N. TERDAL W.P.(C)No.293/2011 M/S.AREEB ROLLING MILLS PVT. MR. VIJAY KUMAR LTD.& ORS. MR. SHIVAJI M. JADHAV Vs. UNION OF INDIA & ORS. W.P.(C)No.306/2011 M/S PRABHU HIRA & ORS. MR. VIJAY KUMAR Vs. UNION OF INDIA & ORS. MR. SHIVAJI M. JADHAV W.P.(C)No.308/2011 M/S KIRTI POLYTEX P.LTD.& ORS. MR. VIJAY KUMAR Vs. UNION OF INDIA & ORS. MR. SHIVAJI M. JADHAV W.P.(C)No.338/2011 M.S.PAPANNA MRS. S. USHA REDDY Vs. UNION OF INDIA & ORS. MR. SHREEKANT N. TERDAL MR. V.N. RAGHUPATHY MR. S.N. BHAT W.P.(C)No.367/2011 ST.MARY'S HOTEL(P) LTD.& ANR MR. P.K. MANOHAR Vs. KOTTAYAM DIST.COOP.BANK LTD.& MR. C.K. SASI contd....2ITEM NO.8 -2- W.P.(C) No.378/2011 WITH W.P.(C)No.375/2011 WEBB HILL RESORT P.LTD.& ANR MR. SATPAL SINGH Vs. UNION OF INDIA & ORS. MS. PRAVEENA GAUTAM MS. ASHA GOPALAN NAIR W.P.(C)No.484/2011 M/S WEBB INDIA CONSTRUCTION MR. SATPAL SINGH
A/N-H Vs. UNION OF INDIA & ORS. MS. ABHA R. SHARMA MS. ASHA GOPALAN NAIR W.P.(C)No.529/2011 M/S MUDALIAR EXPORTS MR. SATPAL SINGH A/N-H Vs. UNION OF INDIA & ORS. MS. ABHA R. SHARMA W.P.(C)No.531/2011 MY HOME HOTELS P.LTD. MR. SATPAL SINGH A/N-H Vs. UNION OF INDIA & ORS. MS. ABHA R. SHARMA W.P.(C)No.5/2012 SURENDRA PAPER MART & ORS. MR. SATPAL SINGH A/N-H Vs. UNION OF INDIA & ORS. MR. SHIVAJI M. JADHAV W.P.(C)No.48/2012 RAIN PROOF EXPORTS P.LTD.& ANR S. SUJATA KURDUKAR A/N-H Vs. UNION OF INDIA & ORS. W.P.(C)No.103/2012 M/S NARENDRA AGENCY & ORS. MR. VIJAY KUMAR Vs. UNION OF INDIA & ORS. MR. SHIVAJI M. JADHAV W.P.(C)No.111/2012 SMITHA SUBHASHCHANDRA MAHAJAN MR. SATPAL SINGH A/N-H Vs. UNION OF INDIA & ORS. MS. ABHA R. SHARMA W.P.(C)No.123/2012 M/S JAGJIT TRADING P.LTD.& MR. JAY SAVLA A/N-H ORS. Vs. UNION OF INDIA & ORS. W.P.(C)No.122/2012 CHAMARIA POLYTEX P.LTD.& ANR MR. BANKEY BIHARI SHARMA A/N-H Vs. UNION OF INDIA & ORS. W.P.(C)No.136/2012 PIYUSH HEMANT DOSHI MR. SATPAL SINGH A/N-H Vs. UNION OF INDIA & ORS. W.P(C)No.97/2012 VIJAY PRAVIN KACHALIA & ANR. MR. JATIN ZAVERI A/N-H Vs. UNION OF INDIA & ANR. MR. SHIVAJI M. JADHAV MS. ASHA GOPALAN NAIR W.P.(C)No.199/2012 ELECTROPLAST OPTICAL MEDIA MR. LAKSHMI RAMANSINGH A/N-H PVT.LTD.& ORS MS. SUSHMA SURI W.P.(C)No.248/2012 NEETA MANISH VORA MR. SATPAL SINGH A/N-H Vs. UNION OF INDIA & ORS. MS. ABHA R. SHARMA W.P.(C)No.249/2012 JAYESH MEHTA MR. SATPAL SINGH A/N-H Vs. UNION OF INDIA & ORS. CONTD.....3ITEM NO.8 -3- W.P.(C)No.250/2012 OM PRAKASH HIRALAL SONI MR. SATPAL SINGH A/N-H Vs. UNION OF INDIA AND ORS. MR. ANIL KUMAR MISHRA W.P.(C)No.271/2012 MUKTA SURESH MISHRA MS. S. JANANI W.P.(C)No.291/2012 M/S GET WELL CHEM MR. SATPAL SINGH W.P.(C)No.293/2012 M/S THI PACK PVT.LTD. MR. SATPAL SINGH WITH W.P.(c) NOS.386, 369 & 371, 460, 461, 490, 554, 521, 537,557/2012 & W.P.(C) Nos. 6 & 7/2013 WITH SLP(c) No.18732-18733 of 2012Date: 27/02/2013 This Petition was called on for hearing today.For Petitioner(s) Mr. Rameshwar Prasad Goyal,Adv. Mr.S.Wasim A.Quadri,adv.
Mr.L.R.Singh,adv. Mr.Saurabh Kumar Tuteja,adv. Mr.Tarkeshwar Nath,adv. Mr.Jay Savla,adv. Ms.Renuka Sahu,adv. Mr.Pankaj Kumar Singh,adv. Mr.Satpal Singh,adv. Mrs.Malavika J.,adv. Mr.Sureshan P.,adv. Mr.Arvind Gupta,adv. Mr.Harish Pandey,adv.For Respondent(s) M/S. K.J. John & Co.,Adv. Ms. Asha Gopalan Nair ,Adv Ms.Praveena Gautam,adv. Ms.Neha S.Verma,adv. Mr.Deeptakirti Verma,adv. Mr.Anurag Singh,adv. Mr.Anil Kr.Mishra,adv. Contd....4ITEM NO.9 -4- Mr.Keshav Ranjan,adv. Ms.Abha R.Sharma,adv. Mr.Abhishek Singh,adv. Mr.Shivaji M.Jadhav,adv. Mr.Ravindra Kr.Verma,adv. Ms.Sushma Suri,adv. UPON hearing counsel the Court made the following O R D E R In SLP(C) Nos. 18732-18733/12 all the respondents are granted four weeks time as a last chance for filing counter affidavit. In W.P.(C) Nos.460, 461, 521, 557/12 and W.P.(C) Nos.6 & 7/13 await return of notice of respondent Nos. 1 & 3. In W.P.(C) Nos. 490, 537 and 554/12 await return of notice of respondent Nos. 1 & 2. List the matters on 17.04.2013.| | |(Sunil Thomas) || | |Registrar |SB
NITEM NO.18 REGISTRAR COURT.1 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS WRIT PETITION (CIVIL) NO(s). 487 OF 2012 BEFORE THE REGISTRAR M.A. SAYEEDM/S TIRUPATI GAS SERVICES Petitioner(s) VERSUSU.O.I. & ORS. Respondent(s)(With appln(s) for stay and office report )Date: 14/02/2013 This Petition was called on for hearing today.For Petitioner(s) Mr Shishir Deshpande, Adv. Ms. Sujata Kurdukar,Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Fresh notice be issued to all the respondents through the concernedDistrict Court in addition to postal service. Necessary steps be taken List again on 1.4.2013.| | |(M.A.SAYEED) || | |REGISTRAR |hj
JITEM NO.15 COURT NO.1 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS WRIT PETITION (CIVIL) NO.51 OF 2013J.K STEEL & CO. & ORS. Petitioner(s) VERSUSUNION OF INDIA & ORS. Respondent(s)(With appln(s) for ex-parte stay and office report)WITH W.P.(C) NO.52 of 2013(With appln(s) for ex-parte stay and office report)W.P.(C) NO.58 of 2013(With appln(s) for ex-parte stay and office report)Date: 08/02/2013 These Petitions were called on for hearing today.CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE VIKRAMAJIT SENFor Petitioner(s) Mr. Santosh Paul, Adv. Mr. Arvind Gupta, Adv. Mr. Harish Pandey, AORFor Respondent(s) UPON hearing counsel the Court made the following O R D E R Issue notice and tag with Civil Appeal No.5680 of 2009. In the meantime, the respondent No.3-Bank shall remain restrained from proceeding further under the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, as far as the petitioners are concerned.|(Chetan Kumar) | |(Juginder Kaur) ||Court Master | |Assistant Registrar |
hITEM NO.9 COURT NO.1 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSI.A. NOS.3-4 OF 2011 INPetition(s) for Special Leave to Appeal (Civil) Nos.24479-24480/2011(From the judgement and order dated 28/07/2011 in SCA No.2128/2011 dated24/08/2011 in SCA No.2128/2011, MCA No.2134/2011 of The HIGH COURT OFGUJARAT AT AHMEDABAD)M/S J KANTILAL JEWELLERS & ANR Petitioner(s) VERSUSUNION OF INDIA & ORS. Respondent(s)(With appln(s) for directions and prayer for interim relief andoffice report)Date: 24/01/2013 These Petitions were called on for hearing today.CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE D.K. JAIN HON'BLE MR. JUSTICE ANIL R. DAVEFor Petitioner(s) Mr. Marsook Bafaki, Adv. Mr. Shivraj Gaonkar, Adv. Mr. Nikhil Goel, AORFor Respondent(s) Mr. Amar Dave, Adv. Mr. P.S. Sudheer, AOR Mr. Rishi Maheshwari, Adv. Mr. Abu John Mathew, Adv. Mr. P.P. Malhotra, ASG Mr. Gaurav Sharma, Adv. Ms. Sunita Sharma, Adv. Ms. Sushma Suri, AOR UPON hearing counsel the Court made the following O R D E R Having regard to the letter circulated, let the matter be adjourned for a week, as prayed for.|(Chetan Kumar) | |(Juginder Kaur) ||Court Master | |Assistant Registrar |
¨ITEM NO.MM-1-A COURT NO.1 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS WRIT PETITION (CIVIL) NO(s). 36 OF 2013M/S SAI RAM NATURAL GAS & OIL CORP.&ORS. Petitioner(s) VERSUSU.O.I. & ORS. Respondent(s)(With appln(s) for ex-parte stay)Date: 23/01/2013 This Petition was called on for hearing today.CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE J. CHELAMESWAR HON'BLE MR. JUSTICE VIKRAMAJIT SENFor Petitioner(s) Mr. Ragvesh Singh, Adv. Mr. P.S.Sudheer, AOR Mr. Rishi Maheshwari, Adv. Mr. Abu John Mathew, Adv.For Respondent(s)/caveator Ms. Abha R. Sharma, AOR UPON hearing counsel the Court made the following O R D E R Taken on board. Issue notice. Let the matter be heard along with C.A. No.5680 of 2009. In the meantime, there will be stay of further proceedings taken against the respondent-Bank under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (the SARFAESI Act). |(Sheetal Dhingra) | |(Juginder Kaur) ||Court Master | |Assistant Registrar |
È>ITEM NO.8 REGISTRAR COURT.2 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS WRIT PETITION (CIVIL) NO(s). 318 OF 2010 BEFORE THE REGISTRAR SUNIL THOMASCHITRA SHAH & ORS. Petitioner(s) VERSUSUNION OF INDIA & ORS. Respondent(s)(With appln(s) for stay and office report )) WITH W.P.(C)No.40/2011 M/S.GEHLOT CREATION & ANR. MR. SATPAL SINGH A/N-H Vs. UNION OF INDIA & ORS. MR. SHREEKANT N. TERDAL W.P.(C)No.41/2011 M/S GEHLOT FINE FAB P.LTD.& MR. SATPAL SINGH A/N-H ORS. MR. SHREEKANT N. TERDAL W.P.(C)No.108/2011 M/S AARTI POLYMERS & ORS. MR. VIJAY KUMAR A/N-H Vs. UNION OF INDIA & ORS. MR. SHREEKANT N. TERDAL MR. RAKESH K. SHARMA W.P.(C)No.233/2011 M/S DAYA BUILDERS & ORS. MR. VIJAY KUMAR Vs. UNION OF INDIA & ORS. MS. K.V.BHARATHI UPADHYAYA W.P.(C)No.254/2011 SANYOGITA N JADHAV MR. VIJAY KUMAR Vs. UNION OF INDIA & ORS. MS. K.V.BHARATHI UPADHYAYA W.P.(C)No.220/2011 MUDALIAR DAMODARAN S. & ANR. MR. SATPAL SINGH W.P.(C)No.251/2011 BHAVESH GUNVANTAL SHAH MR. ANIL KUMAR Vs. UNION OF INDIA & ANR. MR. SHREEKANT N. TERDAL W.P.(C)No.252/2011 BHAVESH SHAH & ANR. MR. ANIL KUMAR Vs. UNION OF INDIA & ANR. MR. SHREEKANT N. TERDAL W.P.(C)No.293/2011 M/S.AREEB ROLLING MILLS PVT. MR. VIJAY KUMAR LTD.& ORS. MR. SHIVAJI M. JADHAV Vs. UNION OF INDIA & ORS. W.P.(C)No.306/2011 M/S PRABHU HIRA & ORS. MR. VIJAY KUMAR Vs. UNION OF INDIA & ORS. MR. SHIVAJI M. JADHAV W.P.(C)No.308/2011 M/S KIRTI POLYTEX P.LTD.& ORS. MR. VIJAY KUMAR Vs. UNION OF INDIA & ORS. MR. SHIVAJI M. JADHAV W.P.(C)No.338/2011 M.S.PAPANNA MRS. S. USHA REDDY Vs. UNION OF INDIA & ORS. MR. SHREEKANT N. TERDAL MR. V.N. RAGHUPATHY MR. S.N. BHAT W.P.(C)No.367/2011 ST.MARY'S HOTEL(P) LTD.& ANR MR. P.K. MANOHAR Vs. KOTTAYAM DIST.COOP.BANK LTD.& MR. C.K. SASI contd....2ITEM NO.8 -2- W.P.(C) No.378/2011 WITH W.P.(C)No.375/2011 WEBB HILL RESORT P.LTD.& ANR MR. SATPAL SINGH Vs. UNION OF INDIA & ORS. MS. PRAVEENA GAUTAM MS. ASHA GOPALAN NAIR W.P.(C)No.484/2011 M/S WEBB INDIA CONSTRUCTION MR. SATPAL SINGH
A/N-H Vs. UNION OF INDIA & ORS. MS. ABHA R. SHARMA MS. ASHA GOPALAN NAIR W.P.(C)No.529/2011 M/S MUDALIAR EXPORTS MR. SATPAL SINGH A/N-H Vs. UNION OF INDIA & ORS. MS. ABHA R. SHARMA W.P.(C)No.531/2011 MY HOME HOTELS P.LTD. MR. SATPAL SINGH A/N-H Vs. UNION OF INDIA & ORS. MS. ABHA R. SHARMA W.P.(C)No.5/2012 SURENDRA PAPER MART & ORS. MR. SATPAL SINGH A/N-H Vs. UNION OF INDIA & ORS. MR. SHIVAJI M. JADHAV W.P.(C)No.48/2012 RAIN PROOF EXPORTS P.LTD.& ANR S. SUJATA KURDUKAR A/N-H Vs. UNION OF INDIA & ORS. W.P.(C)No.103/2012 M/S NARENDRA AGENCY & ORS. MR. VIJAY KUMAR Vs. UNION OF INDIA & ORS. MR. SHIVAJI M. JADHAV W.P.(C)No.111/2012 SMITHA SUBHASHCHANDRA MAHAJAN MR. SATPAL SINGH A/N-H Vs. UNION OF INDIA & ORS. MS. ABHA R. SHARMA W.P.(C)No.123/2012 M/S JAGJIT TRADING P.LTD.& MR. JAY SAVLA A/N-H ORS. Vs. UNION OF INDIA & ORS. W.P.(C)No.122/2012 CHAMARIA POLYTEX P.LTD.& ANR MR. BANKEY BIHARI SHARMA A/N-H Vs. UNION OF INDIA & ORS. W.P.(C)No.136/2012 PIYUSH HEMANT DOSHI MR. SATPAL SINGH A/N-H Vs. UNION OF INDIA & ORS. W.P(C)No.97/2012 VIJAY PRAVIN KACHALIA & ANR. MR. JATIN ZAVERI A/N-H Vs. UNION OF INDIA & ANR. MR. SHIVAJI M.JADHAV MS. ASHA GOPALAN NAIR W.P.(C)No.199/2012 ELECTROPLAST OPTICAL MEDIA MR. LAKSHMI RAMANSINGH A/N-H PVT.LTD.& ORS MS. SUSHMA SURI W.P.(C)No.248/2012 NEETA MANISH VORA MR. SATPAL SINGH A/N-H Vs. UNION OF INDIA & ORS. MS. ABHA R. SHARMA W.P.(C)No.249/2012 JAYESH MEHTA MR. SATPAL SINGH A/N-H Vs. UNION OF INDIA & ORS. CONTD.....3ITEM NO.8 -3- W.P.(C)No.250/2012 OM PRAKASH HIRALAL SONI MR. SATPAL SINGH A/N-H Vs. UNION OF INDIA AND ORS. MR. ANIL KUMAR MISHRA W.P.(C)No.271/2012 MUKTA SURESH MISHRA MS. S. JANANI W.P.(C)No.291/2012 M/S GET WELL CHEM MR. SATPAL SINGH W.P.(C)No.293/2012 M/S THI PACK PVT.LTD. MR. SATPAL SINGH WITH W.P.(c) NOS.386, 369 & 371, 460, 461, & 490/2012 WITH SLP(c) No.18732-18733 of 2012Date: 15/01/2013 This Petition was called on for hearing today.For Petitioner(s) Mr. Rameshwar Prasad Goyal,Adv. Mr.S.Wasim A.Quadri,adv. Mr.L.R.Singh,adv. Mr.Satpal Singh,adv.
Mr.Pankaj K.Singh,adv. Mr.Jay Savla,adv. Mr.T.S.Joseph,adv. Mrs.Malavika J.,adv. Mr.Sureshan P.,adv.For Respondent(s) Mr.Gaurav Nair,adv. M/S. K.J. John & Co.,Adv. Ms. Asha Gopalan Nair ,Adv Mr.Shivaji M.Jadhav,adv. Mr.Abhishek Singh,adv. Mr.Keshav Ranjan,adv. Ms.Abha R.Sharma,adv. Ms.Neha S.Verma,adv. Ms.Deeptakirti Verma,adv. Mr.Ravinder Kr.Verma,adv. Mr.S.N.Terdal,adv. Ms.Praveena Gautam,adv. Mr.Sushil K.Tekriwal,adv. Mr.K.V.Bharathi Upadhya,adv. UPON hearing counsel the Court made the following O R D E R contd....4 ITEM NO.8 -4- In Writ Petition(C) No.248/12 Mrs. Abha R.Sharma submits that the copy of the pleadings has not been served on her. It is submitted that in the remaining cases, copies have already been served. Ld.counsel for the petitioner in W.P.(C) No.248/12 submits that copy of the pleadings will be served in the course of the day. Serve copy and file proof. The respondent may file counter affidavit within four weeks thereafter. In Writ Petition(C) No.460 and 461/12 await return of notice of respondent Nos. 1 & 3. In Writ Petition(C) No.490/12 await return of notice of all the respondents. List the matter on 27.02.2013.| | |(Sunil Thomas) || | |Registrar |SB
\204ITEM NO.13 COURT NO.1 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSWRIT PETITION (CIVIL) NO(s). 537 OF 2012 (FOR PREL. HEARING)KAMAL AUTO STORES(BOMBAY)P.LTD. Petitioner(s) VERSUSUNION OF INDIA & ORS. Respondent(s)(With appln(s) for ex-parte stay and office report ))with I.A.NO.2 (Appln.for permission to file addl.documents)Date: 03/01/2013 This Petition was called on for hearing today.CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE J. CHELAMESWAR HON'BLE MR. JUSTICE VIKRAMAJIT SENFor Petitioner(s) Ms. Sabeena Mahalik, Adv. Mr. Sunil Humbre, Adv. Mr. Sarad Kumar Singhania, AORFor Respondent(s) UPON hearing counsel the Court made the following O R D E R Issue notice. Let the matter be heard along with C.A.No.5680 of 2009. In the meantime, the proceedings taken by the Bank under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (the SARFAESI Act), shall remain stayed.|(Sheetal Dhingra) | |(Juginder Kaur) ||Court Master | |Assistant Registrar |
ÔITEM NO.MM-1-B COURT NO.1 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS WRIT PETITION (CIVIL) NO(s). 554 OF 2012M/S ASHWIN CRANE AND EQUIPMENT AND ORS Petitioner(s) VERSUSUNION OF INDIA AND ORS. Respondent(s)(With appln(s) for ex-parte stay)Date: 14/12/2012 This Petition was called on for hearing today.CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE SWATANTER KUMAR HON'BLE MR. JUSTICE J. CHELAMESWARFor Petitioner(s) Mr. Santosh Paul, Adv. Mr. Arvind Gupta, Adv. Mr. Harish Pandey, AORFor Respondent(s) UPON hearing counsel the Court made the following O R D E R Taken on Board. Issue notice. Let the matter be heard along with C.A.No.5680 of 2009. In the meantime, the proceedings taken by the Bank under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (the SARFAESI Act), shall remain stayed.|(Sheetal Dhingra) | |(Juginder Kaur) ||Court Master | |Assistant Registrar |
È$ITEM NO.9 REGISTRAR COURT.2 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS WRIT PETITION (CIVIL) NO(s). 318 OF 2010 BEFORE THE REGISTRAR SUNIL THOMASCHITRA SHAH & ORS. Petitioner(s) VERSUSUNION OF INDIA & ORS. Respondent(s)(With appln(s) for stay and office report)(For Final Disposal)withW.P.(C) 40 of 2011(With appln(s) for stay and office report)(For Final Disposal)withW.P.(C) 41 of 2011(With appln(s) for stay and office report)(For Final Disposal)withW.P.(C) 108 of 2011(With appln(s) for stay and office report)(For Final Disposal)withW.P.(C) 233 of 2011(With appln(s) for stay and office report)withW.P.(C) 254 of 2011(With appln(s) for stay and office report)withW.P.(C) 220 of 2011(With appln(s) for stay and office report)withW.P.(C) 251 of 2011(With appln(s) for stay and office report)withW.P.(C) 252 of 2011(With appln(s) for stay and office report)withW.P.(C) 293 of 2011(With appln(s) for stay and office report)withW.P.(C) 306 of 2011(With appln(s) for stay and office report)withW.P.(C) 308 of 2011(With appln(s) for stay and office report)withW.P.(C) 338 of 2011(With appln(s) for stay and office report)withW.P.(C) 367 of 2011(With appln(s) for interim directions and office report)withW.P.(C) 378 of 2011(With appln(s) for stay and office report)withW.P.(C) 375 of 2011(With appln(s) for stay and office report)with
W.P.(C) 484 of 2011(With appln(s) for stay and office report)withW.P.(C) 529 of 2011(With appln(s) for stay and office report)withW.P.(C) 531 of 2011(With appln(s) for stay and office report)withW.P.(C) 5 of 2012(With appln(s) for stay and office report)withW.P.(C) 48 of 2012(With appln(s) for stay and office report)withW.P.(C) 97 of 2012(With appln(s) for stay and office report)withW.P.(C) 103 of 2012(With appln(s) for stay and office report)withW.P.(C) 111 of 2012(With appln(s) for stay and office report)withW.P.(C) 123 of 2012(With appln(s) for stay and office report)withW.P.(C) 122 of 2012(With appln(s) for stay and office report)withW.P.(C) 136 of 2012(With appln(s) for stay and office report)withW.P.(C) 199 of 2012(With appln(s) for stay and office report)withW.P.(C) 248 of 2012(With appln(s) for stay and office report)withW.P.(C) 249 of 2011(With appln(s) for stay and office report)(For Final Disposal)withW.P.(C) 250 of 2012(With appln(s) for stay and office report)withW.P.(C) 271 of 2012(With appln(s) for stay and office report)withW.P.(C) 291 of 2012(With appln(s) for stay and office report)withW.P.(C) 293 of 2012(With appln(s) for stay and office report)withW.P.(C) 18732-18733 of 2012(With appln(s) for stay and office report)withW.P.(C) 386 of 2012(With appln(s) for stay and office report)withW.P.(C) 369 of 2012(With appln(s) for stay and office report)withW.P.(C) 371 of 2012(With appln(s) for stay and office report)Date: 22/11/2012 This Petition was called on for hearing today.
For Petitioner(s) Mr. T.S. Joseph, Adv. Mr. Rameshwar Prasad Goyal, Adv. Mr. Jayanth Muth Raj, Adv. Mr. Pankaj Kumar Singh, Adv.For Respondent(s) Mr. Ravindera Kumar Verma, Adv. Mr. Shreekant N. Terdal, Adv. Ms. Neha S. Verma, Adv. Mr. Deeptakirti Verma, Adv. Mr. Kuldeep S. Parihar, Adv. Mr. H.S.Parihar, Adv. Mr. Satyajeet Kumar, Adv. Mr. Pratap Venugopal, Adv. for M/S. K.J. John & Co., Adv. Ms. Asha Gopalan Nair, Adv. UPON hearing counsel the Court made the following O R D E RW.P. (C) 248 of 2012W.P.(C) 386 of 2012 Mrs. Abha R. Sharma, learned counsel for the respondents, submitsthat the copy of the pleadings have still not been served on her. Learnedcounsel for the petitioners is directed to serve copy of the pleadingswithin two weeks as last chance. The respondents may file counter affidavit thereafter. In all the remaining cases, the served respondents are granted fourweeks' time to file counter affidavit as last chance. List the matters on 15.01.2013.| | |(Sunil Thomas) || | |Registrar |JKA
\230ITEM NO.MM 1-C COURT NO.1 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS WRIT PETITION (CIVIL) NO.487 OF 2012M/S TIRUPATI GAS SERVICES Petitioner(s) VERSUSU.O.I. & ORS. Respondent(s)(With appln(s) for ex-parte stay)Date: 09/11/2012 This Petition was called on for hearing today.CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE SURINDER SINGH NIJJAR HON'BLE MR. JUSTICE J. CHELAMESWARFor Petitioner(s) Mr. Shishir Deshpande, Adv. Mr. Nikhil Mahra, Adv. Mr. Amit Yadav, Adv. Ms. Sujata Kurdukar, AORFor Respondent(s) UPON hearing counsel the Court made the following O R D E R Issue notice. Let the matter be heard along with C.A. No.5680 of 2009. In the meantime, the respondent No.2-Bank shall remain restrained from proceeding further under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, as far as the petitioner is concerned.|(Chetan Kumar) | |(Indu Satija) ||Court Master | |Court Master |
,ITEM NO.44 COURT NO.2 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil) No(s).24309/2010(From the judgment and order dated 21/06/2010 in SCA No.11849/2009 of TheHIGH COURT OF GUJARAT AT AHMEDABAD)OMKAR BODY BUILDERS Petitioner(s) VERSUSTHE KHERALU NAGRIK SAHAKARI BANK LTD Respondent(s)(Office report for directions)Date: 01/10/2012 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE MADAN B. LOKUR (IN CHAMBERS)For Petitioner(s) Ms. Charu Mathur,Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Issue fresh notice to the respondents returnable within six weeks. | (SUSHMA BATRA) | |(INDU BALA KAPUR) ||Sr.P.A. | |Court Master |
GITEM NO.9 REGISTRAR COURT.2 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS WRIT PETITION (CIVIL) NO(s). 318 OF 2010 BEFORE THE REGISTRAR SUNIL THOMASCHITRA SHAH & ORS. Petitioner(s) VERSUSUNION OF INDIA & ORS. Respondent(s)(With appln(s) for stay and office report )) WITH W.P.(C)No.40/2011 M/S.GEHLOT CREATION & ANR. MR. SATPAL SINGH A/N-H Vs. UNION OF INDIA & ORS. MR. SHREEKANT N.TERDAL W.P.(C)No.41/2011 M/S GEHLOT FINE FAB P.LTD.& MR. SATPAL SINGH A/N-H ORS. MR. SHREEKANT N.TERDAL W.P.(C)No.108/2011 M/S AARTI POLYMERS & ORS. MR. VIJAY KUMAR A/N-H Vs. UNION OF INDIA & ORS. MR. SHREEKANT N.TERDAL MR. RAKESH K.SHARMA W.P.(C)No.233/2011 M/S DAYA BUILDERS & ORS. MR. VIJAY KUMAR Vs. UNION OF INDIA & ORS. MS. K.V.BHARATHIUPADHYAYA W.P.(C)No.254/2011 SANYOGITA N JADHAV MR. VIJAY KUMAR Vs. UNION OF INDIA & ORS. MS. K.V.BHARATHIUPADHYAYA W.P.(C)No.220/2011 MUDALIAR DAMODARAN S. & ANR. MR. SATPAL SINGH W.P.(C)No.251/2011 BHAVESH GUNVANTAL SHAH MR. ANIL KUMAR Vs. UNION OF INDIA & ANR. MR. SHREEKANT N.TERDAL W.P.(C)No.252/2011 BHAVESH SHAH & ANR. MR. ANIL KUMAR Vs. UNION OF INDIA & ANR. MR. SHREEKANT N. TERDAL W.P.(C)No.293/2011 M/S.AREEB ROLLING MILLS PVT. MR. VIJAY KUMAR LTD.& ORS. MR. SHIVAJI M. JADHAV Vs. UNION OF INDIA & ORS. W.P.(C)No.306/2011 M/S PRABHU HIRA & ORS. MR. VIJAY KUMAR Vs. UNION OF INDIA & ORS. MR. SHIVAJI M. JADHAV W.P.(C)No.308/2011 M/S KIRTI POLYTEX P.LTD.& ORS. MR. VIJAY KUMAR Vs. UNION OF INDIA & ORS. MR. SHIVAJI M. JADHAV W.P.(C)No.338/2011 M.S.PAPANNA MRS. S. USHA REDDY Vs. UNION OF INDIA & ORS. MR. SHREEKANT N.TERDAL MR. V.N.RAGHUPATHY MR. S.N. BHAT W.P.(C)No.367/2011 ST.MARY'S HOTEL(P) LTD.& ANR MR. P.K. MANOHAR Vs. KOTTAYAM DIST.COOP.BANK LTD.& MR. C.K. SASI CONTD....2
ITEM NO.9 -2- W.P.(C)No.375/2011 WEBB HILL RESORT P.LTD.& ANR MR. SATPAL SINGH Vs. UNION OF INDIA & ORS. MS. PRAVEENA GAUTAM MS. ASHA GOPALANNAIR W.P.(C)No.484/2011 M/S WEBB INDIA CONSTRUCTION MR. SATPAL SINGH A/N-H Vs. UNION OF INDIA & ORS. MS. ABHA R. SHARMA MS. ASHA GOPALAN NAIR W.P.(C)No.529/2011 M/S MUDALIAR EXPORTS MR. SATPAL SINGH A/N-H Vs. UNION OF INDIA & ORS. MS. ABHA R. SHARMA W.P.(C)No.531/2011 MY HOME HOTELS P.LTD. MR. SATPAL SINGH A/N-H Vs. UNION OF INDIA & ORS. MS. ABHA R. SHARMA W.P.(C)No.5/2012 SURENDRA PAPER MART & ORS. MR. SATPAL SINGH A/N-H Vs. UNION OF INDIA & ORS. MR. SHIVAJI M.JADHAV W.P.(C)No.48/2012 RAIN PROOF EXPORTS P.LTD.& ANR MS. SUJATA KURDUKAR A/N-H Vs. UNION OF INDIA & ORS. W.P.(C)No.97/2012 VIJAY PRAVIN KACHALIA & ANR. MR. JATIN ZAVERI W.P.(C)No.103/2012 M/S NARENDRA AGENCY & ORS. MR. VIJAY KUMAR Vs. UNION OF INDIA & ORS. MR. SHIVAJI M. JADHAV W.P.(C)No.111/2012 SMITHA SUBHASHCHANDRA MAHAJAN MR. SATPAL SINGH A/N-H Vs. UNION OF INDIA & ORS. MS. ABHA R. SHARMA W.P.(C)No.123/2012 M/S JAGJIT TRADING P.LTD.& MR. JAY SAVLA A/N-H ORS. Vs. UNION OF INDIA & ORS. W.P.(C)No.122/2012 CHAMARIA POLYTEX P.LTD.& ANR MR. BANKEY BIHARI SHARMA A/N-H Vs. UNION OF INDIA & ORS. W.P.(C)No.136/2012 PIYUSH HEMANT DOSHI MR. SATPAL SINGH A/N-H Vs. UNION OF INDIA & ORS. W.P(C)No.97/2012 VIJAY PRAVIN KACHALIA & ANR. MR. JATIN ZAVERI A/N-H Vs. UNION OF INDIA & ANR. MR. SHIVAJI M.JADHAV MS. ASHA GOPALANNAIR W.P.(C)No.199/2012 ELECTROPLAST OPTICAL MEDIA MR. LAKSHMI RAMANSINGH A/N-H PVT.LTD.& ORS MS. SUSHMA SURI W.P.(C)No.248/2012 NEETA MANISH VORA MR. SATPAL SINGH A/N-H Vs. UNION OF INDIA & ORS. MS. ABHA R. SHARMA W.P.(C)No.249/2012 JAYESH MEHTA MR. SATPAL SINGH A/N-H Vs. UNION OF INDIA & ORS. W.P.(C)No.250/2012 OM PRAKASH HIRALAL SONI MR. SATPAL SINGH A/N-H Vs. UNION OF INDIA AND ORS. MR. ANIL KUMAR MISHRA W.P.(C)No.271/2012 MUKTA SURESH MISHRA MS. S. JANANI W.P.(C)No.291/2012 M/S GET WELL CHEM MR. SATPAL SINGH
W.P.(C)No.293/2012 M/S THI PACK PVT.LTD. MR. SATPAL SINGH contd.....3ITEM NO.9 -3- W.P.(C)No.378/2011 M/S JAYANT BROTHERS & ENGG.CO. MR. SURESHAN P. A/N-H P.LTD.&ORS MS. ABHA R. SHARMADate: 27/09/2012 This Petition was called on for hearing today.For Petitioner(s) Mr. Rameshwar Prasad Goyal,Adv. Mr.Bankey Bihari Sharma,adv. Mr.Mahender Kumar,adv. Mr.S.Wasim A.Quadri,adv. Mr.L.R.Singh,adv. Mrs.Malavika G,adv. Mr.Sureshan P.,adv. Mr.Pankaj Kr.Singh,adv. Mr.Satpal Singh,adv. Mr.Jay Savla,adv. Ms.Renuka Sahu,adv.For Respondent(s) M/S. K.J. John & Co.,Adv. Ms. Asha Gopalan Nair ,Adv Mr.K.K.Dhawan,adv. Ms.Sushma Suri,adv. Mr.Sushil K.Tekriwal,adv. MS. K.V.BHARATHI UPADHYAYA,adv. Mrs.Neha S.Verma,adv. Mr.Deeptakirti Verma,adv. Ms.Anurag Singh,adv. Mr.Anil Kumar Mishra,adv. Mr.Brij Kishor Sah,adv. Mr.S.M.Jadhav,adv. UPON hearing counsel the Court made the following O R D E R contd....4 ITEM NO.9 -4- In W.P.(C) Nos.40 and 41/2011 Ld.counsel for the 3rd respondent submits that the copies of the pleadings have not been served on her. Petitioner is directed to serve copy of the pleadings within two weeks and file proof. The respondent No.3 may file counter affidavit within four weeks thereafter. The last opportunity for the remaining respondents in the above batch of case is over. In W.P.(C) Nos.378, 529, 531 of 2011, 5, 103, 111,123 and 136 of 2012 service is complete. All the respondents are granted four weeks time for filing counter affidavit.
In W.P.(C) Nos.248, 249 and 250/12 await return of notice of respondent No.4. Ms.Abha R.Sharma advocate submits that the copy of the pleadings have not been served on her. Serve copy and file proof. The respondent may file counter affidavit within four weeks thereafter. In W.P.(C) No.248/12 the petitioner therein is directed to serve copy of the pleadings within two weeks and file proof. Respondent No.4 shall file counter affidavit within four weeks thereafter. In W.P.(C) No.271/12 respondent Nos. 1 & 2 have been served. They may file counter affidavit within four weeks. In W.P.(C) No.291 and 293/12 await return of notice of respondent No.2. The remaining respondents are granted four weeks time for filing counter affidavit. List the matter on 22.11.2012.| | |(Sunil Thomas) || | |Registrar |SB
ITEM NO.MM-2-A COURT NO.2 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS WRIT PETITION (CIVIL) NO(s). 386 OF 2012RAMESH PARSHURAM JADHAV Petitioner(s) VERSUSUNION OF INDIA & ORS. Respondent(s)(With appln(s) for ex-parte stay,exemption from filing O.T. )Date: 13/09/2012 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE ALTAMAS KABIR HON'BLE MR. JUSTICE J. CHELAMESWARFor Petitioner(s) Mr. Shishir Deshpande, Adv. Mr. Nikhil Mehra, Adv. Mr. Amit Yadav, Adv. Ms. Sujata Kurdukar,AOR.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Taken on board. Issue notice. Let the matter be heard along with C.A. No.5680 of 2009. In the meantime, there will be stay of further proceedings taken against the respondent-Bank under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (the SARFAESI Act).|(Sheetal Dhingra) | |(Juginder Kaur) ||COURT MASTER | |Assistant Registrar |
2ITEM NO.206 COURT NO.12 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil) No(s).29859/2010(From the judgement and order dated 23/08/2010 in SCA No.9938/2010 of theHIGH COURT OF GUJARAT AT AHMEDABAD)PAN DRUGS LTD.& ANR. Petitioner(s) VERSUSUNION OF INDIA & ANR. Respondent(s)(With appln(s) for permission to withdraw the affidavit dated 29.11.2010and with prayer for interim relief and office report)(FOR FINAL DISPOSAL)Date: 07/09/2012 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE SURINDER SINGH NIJJAR HON'BLE MR. JUSTICE H.L. GOKHALEFor Petitioner(s) Mr. Chirag M.Shroff,Adv. Mr. Narendra Kumar Goyal,Adv.For Respondent(s) Mr. Aniruddha P. Mayee,Adv. UPON hearing counsel the Court made the following O R D E R In view of the written request made by the counsel for respondent No.2, the matter is adjourned by one week for filing counter affidavit. (A.S. BISHT) (INDU BALA KAPUR) COURT MASTER COURT MASTER
ÖITEM NO.43 Court No.10 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS WRIT PETITION (CIVIL) NO(s). 378 OF 2011M/S JAYANT BROTHERS & ENGG.CO.P.LTD.&ORS Petitioner(s) VERSUSUNION OF INDIA & ORS. Respondent(s)(Office report on default)Date: 13/08/2012 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLA (IN CHAMBERS)For Petitioner(s) Mr. Jayant Muth Raj, Adv. Ms. Malavika, Adv. Mr. Sureshan P.,Adv.For Respondent(s) Mr. Keshav Ranjan, Adv. Ms. Abha R. Sharma,Adv. UPON hearing counsel the Court made the following O R D E R Learned counsel for the petitioner undertakes to serve copy of the pleadings on counsel for respondent No. 2 today itself.|(Shashi Sareen) | |(Veena Khera) ||Court Master | |Court Master |
¨ITEM NO.24 COURT NO.2 SECTION IVA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil)....../2012 CC 12776/2012(From the judgement and order dated 19/12/2011 in WA No.2382/2007, of TheHIGH COURT OF KARNATAKA AT BANGALORE)SMT.KAMALAMMA Petitioner(s) VERSUSKARNATAKA RAJYA KAIGARIKA S.BANK & ORS. Respondent(s)(With appln(s) for permission to file SLP,with I.A.NO.....appln .forimpleadment and with prayer for interim relief and office report ))Date: 03/08/2012 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE ALTAMAS KABIR HON'BLE MR. JUSTICE J. CHELAMESWARFor Petitioner(s) Mr. N.D.B. Raju, Adv. Smt. Bharathi Raju, Adv. Mr. N. Ganpathy,AOR.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Permission to file SLP granted. Issue notice. Let the matter be heard along with C.A.No.5680 of 2009. In the meantime, there will be stay of further proceedings in connection with the notice issued under Section 13(4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (the SARFAESI Act). An I.A. has been filed on behalf of the petitioner, to implead the Authorised Officer, the Grain Merchants Co-operative Bank Ltd.No.2, Pampamahakavi Road, Chamrajapet, Bangalore, as party to the proceedings, which is the cooperative bank from which the petitioner had obtained the loan. The prayer is allowed. Let the said authoried officer, be impleaded as a respondent in the proceedings and let the cause title be amended accordingly.|(Sheetal Dhingra) | |(Juginder Kaur) ||COURT MASTER | |Assistant Registrar |
\224ITEM NO.25 COURT NO.2 SECTION IVA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil) No(s).18732-18733/2012(From the judgement and order dated 19/12/2011 in WA No.2382/2007,WA No.2755/2008 of The HIGH COURT OF KARNATAKA AT BANGALORE)V.KRISHNASWAMY & ANR. Petitioner(s) VERSUSKARNATAKA RAJYA KAIGARIKA SAHAKARI &ANR. Respondent(s)(With prayer for interim relief and office report)Date: 13/07/2012 These Petitions were called on for hearing today.CORAM : HON'BLE MR. JUSTICE ALTAMAS KABIR HON'BLE MR. JUSTICE J. CHELAMESWARFor Petitioner(s) Mr. Khairati, Adv. Mr. Gaurav Agrawal, AORFor Respondent(s) UPON hearing counsel the Court made the following O R D E R Issue notice. Let the matter be heard along with C.A. No.5680 of 2009. In the meantime, the operation of the impugned order shall remainstayed.|(Chetan Kumar) | |(Juginder Kaur) ||Court Master | |Assistant Registrar |
äITEM NO.7 COURT NO.2 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS WRIT PETITION (CIVIL) NO.248 OF 2012 (For prel. Hearing)NEETA MANISH VORA Petitioner(s) VERSUSUNION OF INDIA & ORS. Respondent(s)(With appln(s) for ex-Parte stay and office report)WITH W.P.(C) NO.249 of 2012(With appln(s) for ex-Parte stay and office report)W.P.(C) NO.250 of 2012(With appln(s) for ex-Parte stay and office report)Date: 09/07/2012 These Petitions were called on for hearing today.CORAM : HON'BLE MR. JUSTICE ALTAMAS KABIR HON'BLE MR. JUSTICE J. CHELAMESWARFor Petitioner(s) Mr. Satpal Singh, AOR Mr. Salim Sahi, Adv.For Respondent(s) Mr. Rajeev K. Pandey, Adv.In WP 250/2012 Mr. Anurag Singh, Adv. Mr. Anil Kumar Mishra, AOR UPON hearing counsel the Court made the following O R D E R Issue notice and tag with W.P. (C) No.318 of 2010. In the meantime, further proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, shall remain stayed. This order will govern all the three matters. As far as Writ Petition (C) No.250 of 2012, is concerned, learned counsel has entered appearance on behalf of the Anhyudaya Co-operative Bank Ltd., which has been made respondent No.2. Service on the said respondent is dispensed with. The respondents will be entitled to file their counter affidavits to the writ petitions within six weeks. Rejoinder, if any, may be filed within two weeks thereafter.(Chetan Kumar) (Juginder Kaur) Court Master Assistant Registrar
nITEM NO.MM 2-D COURT NO.2 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS WRIT PETITION (CIVIL) NO.199 OF 2012ELECTROPLAST OPTICAL MEDIA PVT.LTD.& ORS Petitioner(s) VERSUSUNION OF INDIA & ORS. Respondent(s)(With appln(s) for ex-Parte stay and office report)Date: 10/05/2012 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE ALTAMAS KABIR HON'BLE MR. JUSTICE SURINDER SINGH NIJJARFor Petitioner(s) Mr. S. Wasim A. Qadri, Adv. Mr. Zaid Ali, Adv. Mr. Tamim Qadri, Adv. Mr. Lakshmi Raman Singh, AORFor Respondent(s) UPON hearing counsel the Court made the following O R D E R Issue notice. Let the matter be taken up along with C.A. No.5680 of 2009. In the meantime, there will be stay of proceedings taken by the respondent-Bank under Section 13(4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. (Chetan Kumar) (Juginder Kaur) Court Master Assistant Registrar
FITEM NO.7 COURT NO.2 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS WRIT PETITION (CIVIL) NO.122 OF 2012 (For prel. hearing)CHAMARIA POLYTEX P.LTD.& ANR Petitioner(s) VERSUSUNION OF INDIA & ORS. Respondent(s)(With appln(s) for ex-Parte stay and office report)Date: 23/04/2012 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE ALTAMAS KABIR HON'BLE MR. JUSTICE SURINDER SINGH NIJJAR HON'BLE MR. JUSTICE RANJAN GOGOIFor Petitioner(s) Mr. Rajan Sabharwal, Adv. Mr. Bankey Bihari Sharma, AORFor Respondent(s) UPON hearing counsel the Court made the following O R D E R Issue notice and tag with C.A. No.5680 of 2009. In the meantime, there will be stay of proceedings taken by the respondent-Bank under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. (Chetan Kumar) (Juginder Kaur) Court Master Assistant Registrar
òITEM NO.74 REGISTRAR COURT.2 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS WRIT PETITION (CIVIL) NO(s). 318 OF 2010 BEFORE THE REGISTRAR SUNIL THOMASCHITRA SHAH & ORS. Petitioner(s) VERSUSUNION OF INDIA & ORS. Respondent(s)With W.P.(C)Nos.40, 41, 108, 233, 254, 220, 251, 252, 293, 306, 308,338, 367, 375 and 484/2011.Date: 19/04/2012 This Petition was called on for hearing today.For Petitioner(s) Mr. Rameshwar Prasad Goyal,Adv. Mr. Satpal Singh,Adv. Mr. Vijay Kumar,Adv. Ms. Minakshi Vij,Adv. Mrs. S. Usha Reddy,Adv. Mr. P.K. Manohar,Adv.For Respondent(s) M/S. K.J. John & Co.,Adv. Ms. Asha Gopalan Nair ,Adv Mr. Aditya Sharma,Adv. Mr. Shreekant N. Terdal,Adv. Mr. Rakesh K. Sharma,Adv. Mr. Sushil K. Tekriwal,Adv. Ms. K.V. Bharathi Upadhyaya,Adv. Mr. Praveena Gautam,Adv. Ms. Prerna Mehta,Adv. Mr. Shivaji M. Jadhav,Adv. ...2/-Item No.74 : 2 : Mr. V.N. Raghupathy,Adv. Mr. S.N. Bhat,Adv. Mr. C.K. Sasi,Adv. Ms. Abha R. Sharma,Adv. Mr. Ravinder Kumar Verma,Adv. Mr. B.K. Prasad,Adv. UPON hearing counsel the Court made the following O R D E R
All the respondents granted time for filing counter affidavit. List the matter on 10.7.2012. (SUNIL THOMAS)s Registrar
jITEM NO.67 REGISTRAR COURT.2 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS WRIT PETITION (CIVIL) NO(s). 529 OF 2011 BEFORE THE REGISTRAR SUNIL THOMASM/S MUDALIAR EXPORTS Petitioner(s) VERSUSUNION OF INDIA & ORS. Respondent(s)(With appln(s) for stay and office report )WITH W.P.(C)NO.531/11Date: 10/04/2012 This Petition was called on for hearing today.For Petitioner(s) Mr. Satpal Singh,Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Respondent No.2 has been served. No appearance for respondent No.2. The notice addressed to respondent No.3 has been returned with an endorsement "department not mentioned, hence returned to the sender". Ld.counsel for the petitioner is granted four weeks time for taking fresh steps against respondent No.3 in correct address. Await return of notice of respondent No.1 also. List the matter on 3.07.2012. (Sunil Thomas) RegistrarSB
¶2ITEM NO.75 REGISTRAR COURT.2 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS WRIT PETITION (CIVIL) NO(s). 318 OF 2010 BEFORE THE REGISTRAR SUNIL THOMASCHITRA SHAH & ORS. Petitioner(s) VERSUSUNION OF INDIA & ORS. Respondent(s)(With appln(s) for stay and office report ))Date: 13/03/2012 This Petition was called on for hearing today.W.P(C)No.40/2011 M/S.GEHLOT CREATION & ANR. MR. SATPAL SINGH X FRESH Vs. UNION OF INDIA & ORS. MR. SHREEKANT N. TERDALS.(2811) (With Office Report) NOT TO BE LISTED BEFORE : 119, 0, 0W.P(C)No.41/2011 M/S GEHLOT FINE FAB P.LTD.& MR. SATPAL SINGH X FRESH ORS. MR. SHREEKANT N. TERDALS.(2811) Vs.UNION OF INDIA & ORS. (With Office Report) NOT TO BE LISTED BEFORE : 119, 0, 0W.P(C)No.108/2011 M/S AARTI POLYMERS & ORS. MR. VIJAY KUMAR X FRESH Vs. UNION OF INDIA & ORS. MR. SHREEKANT N. TERDALS.(2811) (With Office Report) NOT TO BE LISTED BEFORE : 119, 0, 0W.P(C)No.233/2011 M/S DAYA BUILDERS & ORS. MR. VIJAY KUMAR X FRESH Vs. UNION OF INDIA & ORS. MS. K.V.BHARATHIUPADHYAYAS.(2811) (With Office Report) NOT TO BE LISTED BEFORE : 119, 0, 0W.P(C)No.254/2011 SANYOGITA N JADHAV MR. VIJAY KUMAR X FRESH Vs. UNION OF INDIA & ORS. MS. K.V.BHARATHIUPADHYAYAS.(2811) (With Office Report) NOT TO BE LISTED BEFORE : 119, 0, 0W.P(C)No.220/2011 MUDALIAR DAMODARAN S. & ANR. MR. SATPAL SINGH X FRESH Vs. UNION OF INDIA & ORS. MS. PRAVEENA GAUTAMS.(2811) (With Office Report) NOT TO BE LISTED BEFORE : 119, 0, 0W.P(C)No.251/2011 BHAVESH GUNVANTAL SHAH & ANR. MS. MINAKSHI VIJ X FRESH Vs. UNION OF INDIA & ORS. MR. SHREEKANT N. TERDALS.(2811) (With Office Report) NOT TO BE LISTED BEFORE : 119, 0, 0W.P(C)No.252/2011 BHAVESH SHAH & ANR. MS. MINAKSHI VIJ X FRESH Vs. UNION OF INDIA & ANR. MR. SHREEKANT N. TERDALS.(2811) (With Office Report) NOT TO BE LISTED BEFORE : 119, 0, 0 contd.....2ITEM NO.75 -2-W.P(C)No.293/2011 M/S.AREEB ROLLING MILLS PVT. MR. VIJAY KUMAR X FRESH LTD.& ORS. MR. SHIVAJI M. JADHAVS.(2811) Vs.UNION OF INDIA & ORS. (With Office Report) NOT TO BE LISTED BEFORE : 119, 0, 0W.P(C)No.306/2011 M/S PRABHU HIRA & ORS. MR. VIJAY KUMAR
X FRESH Vs. UNION OF INDIA & ORS. MR. SHIVAJI M. JADHAVS.(2811) (With Office Report) NOT TO BE LISTED BEFORE : 119, 0, 0W.P(C)No.308/2011 M/S KIRTI POLYTEX P.LTD.& ORS. MR. VIJAY KUMAR X FRESH Vs. UNION OF INDIA & ORS. MR. SHIVAJI M. JADHAVS.(2811) (With Office Report) NOT TO BE LISTED BEFORE : 119, 0, 0W.P(C)No.338/2011 M.S.PAPANNA MRS. S. USHA REDDY X FRESH Vs. UNION OF INDIA & ORS. MR. SHREEKANT N. TERDALS.(2811) (With Office Report) NOT TO BE LISTED BEFORE : 119, 0, 0W.P(C)No.367/2011 ST.MARY'S HOTEL(P) LTD.& ANR MR. P.K. MANOHAR X FRESH Vs. KOTTAYAM DIST.COOP.BANK LTD.& MR. C.K. SASIS.(2811) ORS. (With Office Report)W.P(C)No.378/2011 M/S JAYANT BROTHERS & ENGG.CO. MR. SURESHAN P. X FRESH P.LTD.&ORS MS. ABHA R. SHARMAS.(2811) Vs.UNION OF INDIA & ORS. (With Office Report)W.P(C)No.375/2011 WEBB HILL RESORT P.LTD.& ANR MR. SATPAL SINGH X FRESH Vs. UNION OF INDIA & ORS. MS. PRAVEENA GAUTAMS.(2811) (With Office Report)W.P(C)No.484/2011 M/S WEBB INDIA CONSTRUCTION MR. SATPAL SINGH X FRESH Vs. UNION OF INDIA & ORS. MS. ABHA R. SHARMAS.(2811) (With Office Report)For Petitioner(s) Mr.Satpal Singh,adv. Mr. Rameshwar Prasad Goyal,Adv. Mr.Jayanth Muth Raj,adv. Mr.Sureshan,adv.For Respondent(s) M/S. K.J. John & Co.,Adv. Ms. Asha Gopalan Nair ,Adv Mr.Sushil K.Tekriwal,adv. Mrs.K.V.Bharthi Upadhyay,adv. Mr.Pabitra Kr.Biswal,adv. Mr.S.N.Terdal,adv. Mr.Keshav Ranjan,adv. Ms.Abha R.Sharma,adv. Contd.....3ITEM NO.75 -3- UPON hearing counsel the Court made the following O R D E R Ld.counsel for the petitioner has served a copy of the pleadings in W.P.(C) No.484/11 who is acknowledged by the Ld.counsel for respondent No.2. Granted four weeks time for filing counter affidavit. In W.P.(C) No.378/11 in spite of the repeated direction to serve copy of the pleadings on the Ld.counsel for respondent No.2, the copy of the pleadings has not been served on respondent No.2. No appearance for the petitioner also. Hence, list this writ petition before the Hon'ble Judge in Chambers for non-prosecution. List W.P.(C) No.484/11 for counter affidavit of respondent No.2. In other remaining cases, office report reveals that service is complete. The remaining respondents may file
their counter affidavit if any within four weeks as above. List the incomplete matters on 19.04.2012. (Sunil Thomas) RegistrarSB
.6ITEM NO.60 +72 REGISTRAR COURT.2 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS WRIT PETITION (CIVIL) NO(s). 318 OF 2010 BEFORE THE REGISTRAR SUNIL THOMASCHITRA SHAH & ORS. Petitioner(s) VERSUSUNION OF INDIA & ORS. Respondent(s)(With appln(s) for stay and office report ))WITH W.P.(C)NO.40 OF 2011WITHW.P(C)No.41/2011 M/S GEHLOT FINE FAB P.LTD.& MR. SATPAL SINGH X FRESH ORS. MR. SHREEKANT N. TERDALS.(2811) Vs.UNION OF INDIA & ORS. (With Office Report) NOT TO BE LISTED BEFORE : 119, 0, 0W.P(C)No.108/2011 M/S AARTI POLYMERS & ORS. MR. VIJAY KUMAR X FRESH Vs. UNION OF INDIA & ORS. MR. SHREEKANT N. TERDALS.(2811) (With Office Report) NOT TO BE LISTED BEFORE : 119, 0, 0W.P(C)No.233/2011 M/S DAYA BUILDERS & ORS. MR. VIJAY KUMAR X FRESH Vs. UNION OF INDIA & ORS. MS. K.V.BHARATHIUPADHYAYAS.(2811) (With Office Report) NOT TO BE LISTED BEFORE : 119, 0, 0W.P(C)No.254/2011 SANYOGITA N JADHAV MR. VIJAY KUMAR X FRESH Vs. UNION OF INDIA & ORS. MS. K.V.BHARATHIUPADHYAYAS.(2811) (With Office Report) NOT TO BE LISTED BEFORE : 119, 0, 0W.P(C)No.220/2011 MUDALIAR DAMODARAN S. & ANR. MR. SATPAL SINGH X FRESH Vs. UNION OF INDIA & ORS. MS. PRAVEENA GAUTAMS.(2811) (With Office Report) NOT TO BE LISTED BEFORE : 119, 0, 0WITHW.P(C)No.251/2011 BHAVESH GUNVANTAL SHAH & ANR. MS. MINAKSHI VIJ X FRESH Vs. UNION OF INDIA & ORS. MR. SHREEKANT N. TERDALS.(2811) (With Office Report) NOT TO BE LISTED BEFORE : 119, 0, 0W.P(C)No.252/2011 BHAVESH SHAH & ANR. MS. MINAKSHI VIJ X FRESH Vs. UNION OF INDIA & ANR. MR. SHREEKANT N. TERDALS.(2811) (With Office Report) NOT TO BE LISTED BEFORE : 119, 0, 0W.P(C)No.293/2011 M/S.AREEB ROLLING MILLS PVT. MR. VIJAY KUMAR X FRESH LTD.& ORS. MR. SHIVAJI M. JADHAVS.(2811) Vs.UNION OF INDIA & ORS. (With Office Report) NOT TO BE LISTED BEFORE : 119, 0, 0 contd.......2 ITEM NO.60+72 -2-W.P(C)No.306/2011 M/S PRABHU HIRA & ORS. MR. VIJAY KUMAR X FRESH Vs. UNION OF INDIA & ORS. MR. SHIVAJI M. JADHAVS.(2811) (With Office Report) NOT TO BE LISTED BEFORE : 119, 0, 0
W.P(C)No.308/2011 M/S KIRTI POLYTEX P.LTD.& ORS. MR. VIJAY KUMAR X FRESH Vs. UNION OF INDIA & ORS. MR. SHIVAJI M. JADHAVS.(2811) (With Office Report) NOT TO BE LISTED BEFORE : 119, 0, 0W.P(C)No.338/2011 M.S.PAPANNA MRS. S. USHA REDDY X FRESH Vs. UNION OF INDIA & ORS. MR. SHREEKANT N. TERDALS.(2811) (With Office Report) NOT TO BE LISTED BEFORE : 119, 0, 0W.P(C)No.367/2011 ST.MARY'S HOTEL(P) LTD.& ANR MR. P.K. MANOHAR X FRESH Vs. KOTTAYAM DIST.COOP.BANK LTD.& MR. C.K. SASIS.(2811) ORS. (With Office Report)W.P(C)No.378/2011 M/S JAYANT BROTHERS & ENGG.CO. MR. SURESHAN P. X FRESH P.LTD.&ORS MS. ABHA R. SHARMAS.(2811) Vs.UNION OF INDIA & ORS. (With Office Report)W.P(C)No.375/2011 WEBB HILL RESORT P.LTD.& ANR MR. SATPAL SINGH X FRESH Vs. UNION OF INDIA & ORS. MS. PRAVEENA GAUTAMS.(2811) (With Office Report)W.P(C)No.484/2011 M/S WEBB INDIA CONSTRUCTION MR. SATPAL SINGH X FRESH Vs. UNION OF INDIA & ORS. MS. ABHA R. SHARMAS.(2811) (With Office Report)Date: 10/02/2012 This Petition was called on for hearing today.For Petitioner(s) Mr. Rameshwar Prasad Goyal,Adv. Mr.Satpal Singh,adv. Mr.Vijay Kumar,adv. Mr.Jayanth Muthraj,adv. Mr.Sureshan P.,adv. Mr.S.Sadasiva Reddy,adv. Ms.S.Usha Reddy,adv. Ms.Minakshi Vij,adv. Mr.P.K.Manohar,adv.For Respondent(s) M/S. K.J. John & Co.,Adv. Ms. Asha Gopalan Nair ,Adv Ms.Prerna Kumari,adv. Mr.Shreekant N.Terdal,adv. Contd...3ITEM NO.60+72 -3- Mr.Keshav Ranjan,adv. Ms.Abha R. Sharma,adv. Ms.Pushp Gupta,adv. Ms.Praveena Gautam,adv. Ms.K.V.Bharathi Upadhyaya,adv. Ms.Neha Sardana,adv. Mr.B.K.Prasad,adv. Mr. C.K.Sasi,adv.
Mr.S.M. Jadhav,adv. UPON hearing counsel the Court made the following O R D E R In W.P.(C) Nos. 378 and 484/11 it is submitted by the Ld.counsel for respondent No.2 that in spite of repeated requests copy of the pleadings have not been served on him. The petitioner in each of the above case is directed to serve copy of the pleadings within two weeks as a last chance and file proof. The above counsel shall file counter affidavit within four weeks thereafter. It is seen that in all the cases, respondent No.1 is common but respondent No.1 (Union of India) has appeared in few of the cases and remained unserved in few other cases. In all the cases in which respondent No.1 has not been served, the respective petitioner is directed to serve notice on the counsel who has appeared for the Union of India in the above case and file proof within three weeks as a last chance. All the other served respondents are granted four weeks time for filing counter affidavit. List the matter on 13.03.2012. (Sunil Thomas) RegistrarSB
RITEM NO.27 COURT NO.9 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS WRIT PETITION (CIVIL) NO(s). 269 OF 2011PARAMHANS DHANANJAY SINGH Petitioner(s) VERSUSUNION OF INDIA & ORS. Respondent(s)(OFFICE REPORT ON DEFAULT)Date: 03/02/2012 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE CHANDRAMAULI KR. PRASAD (IN CHAMBERS)For Petitioner(s) Mr. Rameshwar Prasad Goyal,Adv.(NP)For Respondent(s) Mr. P.I. Jose,Adv. Mr. Sunil Roy,Adv. Mr. B.K. Prasad, Adv. Mr. Shreekant N. Terdal ,Adv Ms. Asha Gopalan Nair ,Adv UPON hearing counsel the Court made the following O R D E R No one appears for the petitioner. Two weeks' time is granted to take steps for service on respondent nos. 3 & 4, failing which the petition against them shall stand dismissed. (KUSUM SYAL) (VINOD KULVI) SR.P.A COURT MASTER
ÔITEM NO.79 REGISTRAR COURT.2 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS WRIT PETITION (CIVIL) NO(s). 318 OF 2010 BEFORE THE REGISTRAR SUNIL THOMASCHITRA SHAH & ORS. Petitioner(s) VERSUSUNION OF INDIA & ORS. Respondent(s)(With appln(s) for stay and office report ))Date: 03/01/2012 This Petition was called on for hearing today.For Petitioner(s) Mr. Rameshwar Prasad Goyal,Adv. Mr. Saurabh Kumar Tuteja,Adv.For Respondent(s) Ms. Namarata Sood,Adv. M/S. K.J. John & Co.,Adv. UPON hearing counsel the Court made the following O R D E R Await return of notice of respondent No. 1 and 3. Learned counsel for the petitioner is directed to take fresh steps against respondent No. 1 and 3. List the matter on 10.2.2012. (SUNIL THOMAS)s Registrar
ITEM NO.6 COURT NO.2 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSWRIT PETITION (CIVIL) NO(s). 484 OF 2011 (FOR PREL. HEARING)M/S WEBB INDIA CONSTRUCTION Petitioner(s) VERSUSUNION OF INDIA & ORS. Respondent(s)(With appln(s) for ex-Parte stay and office report ))Date: 21/11/2011 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE ALTAMAS KABIR HON'BLE MR. JUSTICE SURINDER SINGH NIJJARFor Petitioner(s) Mr. Satpal Singh, Adv.-on-Record. Mr. R.K. Poswal, Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Issue notice. Tag with W.P.(C)No.318 of 2010. In the meantime, the respondent Bank shall remain restrained from proceeding further under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002,(SARFAESI Act,2002) as far as the petitioners are concerned. (Sheetal Dhingra) (Juginder Kaur) COURT MASTER Assistant Registrar
ITEM NO.76 REGISTRAR COURT.2 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS WRIT PETITION (CIVIL) NO(s). 318 OF 2010 BEFORE THE REGISTRAR SUNIL THOMASCHITRA SHAH & ORS. Petitioner(s) VERSUSUNION OF INDIA & ORS. Respondent(s)(With appln(s) for stay and office report )Date: 16/11/2011 This Petition was called on for hearing today.For Petitioner(s) Mr. Rameshwar Prasad Goyal,Adv. Mr.Tarun Verma,adv. Mr.Saurabh Kr.Tuteja,adv.For Respondent(s) M/S. K.J. John & Co.,Adv. UPON hearing counsel the Court made the following O R D E R Await return of notice of respondent Nos. 1 & 3. List the matter on 3.1.2012. (Sunil Thomas) RegistrarSB
üITEM NO.5 REGISTRAR COURT.1 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS WRIT PETITION (CIVIL) NO(s). 40 OF 2011 BEFORE THE REGISTRAR S.G. SHAHM/S.GEHLOT CREATION & ANR. Petitioner(s) VERSUSUNION OF INDIA & ORS. Respondent(s)(With appln(s) for stay and office report )WITHWP(C) NO.41/2011WP(C) NO.108/2011WP(C) NO.233/2011WP(C) NO.254/2011WP(C) NO.220/2011WP(C) NO.251/2011WP(C) NO.252/2011WP(C) NO.269/2011WP(C) NO.293/2011WP(C) NO.306/2011WP(C) NO.308/2011WP(C) NO.338/2011Date: 31/10/2011 This Petition was called on for hearing today.For Petitioner(s) Mr R.K.Paswal, Adv. Mr. Satpal Singh,Adv. Mr Vijay Kumar, Adv. Ms Minakshi Vij, Adv. Mr Rameshwar Prasad Goyal, Adv.For Respondent(s) Mr Manu T Ramachandran, Adv. Mr. Shreekant N. Terdal,Adv. Mr V.N.Raghupathy, Adv. Mr Shivaji M Jadhav, Adv. Mr P.I.Jose, Adv. Ms Praveena Gautam, Adv. Mr Sushil Tekriwal, Adv. Ms K.V.Bharathi Upadhyaya, Adv. -2-Item No.5 UPON hearing counsel the Court made the following O R D E R Issue fresh notice with dasti service on unservedrespondents in all the petitions, which is permitted to be
served through the nearest Civil Court/Trial Court, ifprocess fee and spare copies are paid before 9.11.2011, elselist before the Hon'ble Judge in Chamber for non-prosecution. Dasti of State authorities are permitted to be servedthrough the standing counsel or through the local ResidentCommissioner of the concerned State. Served respondents may file counter affidavit. List again on 16.12.2011. (S.G.SHAH) REGISTRARhj
&ITEM NO.90 REGISTRAR COURT.2 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS WRIT PETITION (CIVIL) NO(s). 318 OF 2010 BEFORE THE REGISTRAR SUNIL THOMASCHITRA SHAH & ORS. Petitioner(s) VERSUSUNION OF INDIA & ORS. Respondent(s)Date: 28/09/2011 This Petition was called on for hearing today.For Petitioner(s) Mr. Rameshwar Prasad Goyal,Adv.For Respondent(s) Mr. Gaurav Nair,Adv. M/S. K.J. John & Co.,Adv. UPON hearing counsel the Court made the following O R D E R Await return of notice of respondent No. 1 and 3. List the matter on 16.11.2011. (SUNIL THOMAS)s Registrar
ÒITEM NO.9 COURT NO.2 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSWRIT PETITION (CIVIL) NO(s). 375 OF 2011 (FOR PREL. HEARING)WEBB HILL RESORT P.LTD.& ANR Petitioner(s) VERSUSUNION OF INDIA & ORS. Respondent(s)(With appln(s) for ex-Parte stay and office report ))Date: 16/09/2011 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE ALTAMAS KABIR HON'BLE MR. JUSTICE SURINDER SINGH NIJJARFor Petitioner(s) Mr. Satpal Singh,Adv. Mr. R.K. Poswal, Adv. Mr. Pankaj Kr.Singh, Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Issue notice. Tag with C.A.No.5680 of 2009. In the meantime, the respondent-Bank shall not proceed further under the provisions of SARFAESI Act, 2002, as far as the properties of the petitioner(s) are concerned. (Sheetal Dhingra) (Juginder Kaur) COURT MASTER Assistant Registrar
ITEM NO.43 COURT NO.2 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil) No(s).24479-24480/2011(From the judgement and order dated 28/07/2011 in SCA No.2128/2011,SCA No.2128/2011, MCA No.2134/2011 of The HIGH COURT OF GUJARAT ATAHMEDABAD)M/S J KANTILAL JEWELLERS & ANR Petitioner(s) VERSUSUNION OF INDIA & ORS. Respondent(s)(With appln(s) for exemption from filing c/c of the impugned Judgmentand prayer for interim relief)Date: 16/09/2011 These Petitions were called on for hearing today.CORAM : HON'BLE MR. JUSTICE ALTAMAS KABIR HON'BLE MR. JUSTICE SURINDER SINGH NIJJARFor Petitioner(s) Mr. Nikhil Goel, Adv. Mrs. Naveen Goel, Adv. Mr. Marsook Bafati, Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Issue notice and tag with C.A. No.5680 of 2009. Let notice also issue on I.A. Nos.3-4 of 2011, returnable four weeks hence. In the meantime, the respondent-Bank shall not proceed under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, as far as the properties of the petitioners are concerned.(Chetan Kumar) (Juginder Kaur) Court Master Assistant Registrar
îITEM NO.28 COURT NO.2 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil) No(s).21260/2011(From the judgement and order dated 21/06/2011 in SCA No.6878/2011of The HIGH COURT OF GUJARAT AT AHMEDABAD)ARUNBHAI KALYANBHAI SUTARIYA Petitioner(s) VERSUSNUTAN NAGRIK SAHAKARI BANK LTD.& ANR Respondent(s)(With appln(s) for exemption from filing c/c of the impugnedJudgment and prayer for interim relief and office report)Date: 16/09/2011 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE ALTAMAS KABIR HON'BLE MR. JUSTICE SURINDER SINGH NIJJARFor Petitioner(s) Mr. Nikhil Goel, Adv. Mrs. Naveen Goel, Adv. Mr. Marsook Bafati, Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Issue notice and tag with C.A. No.5680 of 2009. In the meantime, the respondent-Banks shall not proceed under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, as far as the properties of the petitioner are concerned.(Chetan Kumar) (Juginder Kaur) Court Master Assistant Registrar
DITEM NO.22 COURT NO.2 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil) No(s).24479-24480/2011(From the judgement and order dated 28/07/2011 in SCA No.2128/2011 ,SCA No.2128/2011 , MCA No.2134/2011 of The HIGH COURT OF GUJARAT ATAHMEDABAD)M/S J KANTILAL JEWELLERS & ANR Petitioner(s) VERSUSUNION OF INDIA & ORS. Respondent(s)(With appln(s) for exemption from filing c/c of the impugned Judgmentand prayer for interim relief and office report ))Date: 12/09/2011 These Petitions were called on for hearing today.CORAM : HON'BLE MR. JUSTICE ALTAMAS KABIR HON'BLE MR. JUSTICE SURINDER SINGH NIJJAR HON'BLE MRS. JUSTICE GYAN SUDHA MISRAFor Petitioner(s) Mr. Marsook Bafaki, Adv. for Mr. Nikhil Goel,Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R In view of the letter circulated on behalf of the petitioners, let the matter be adjourned till 16th September, 2011. (Sheetal Dhingra) (Juginder Kaur) Court Master Assistant. Registrar
\236ITEM NO.8 COURT NO.2 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS WRIT PETITION (CIVIL) NO.367 OF 2011 (For prel. Hearing)ST.MARY'S HOTEL(P) LTD.& ANR Petitioner(s) VERSUSKOTTAYAM DIST.COOP.BANK LTD.& ORS. Respondent(s)(With office report)Date: 09/09/2011 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE ALTAMAS KABIR HON'BLE MR. JUSTICE SURINDER SINGH NIJJAR HON'BLE MRS. JUSTICE GYAN SUDHA MISRAFor Petitioner(s) Mr. K.V. Vishwanathan, Sr. Adv. Mr. P.K. Manohar, Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Issue notice and tag with W.P. (C) No.108 of 2011 and C.A. No.5680 of 2009. Dasti, in addition, is permitted. In the meantime, there will be an interim order restraining the respondent-Bank from proceeding further under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI), as far as the petitioners are concerned.(Chetan Kumar) (Juginder Kaur) Court Master Assistant Registrar
RITEM NO.MM-2-H COURT NO.2 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS WRIT PETITION (CIVIL) NO(s). 375 OF 2011WEBB HILL RESORT P.LTD.& ANR Petitioner(s) VERSUSUNION OF INDIA & ORS. Respondent(s)(With appln(s) for ex-Parte stay )Date: 02/09/2011 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE ALTAMAS KABIR HON'BLE MR. JUSTICE SURINDER SINGH NIJJAR HON'BLE MRS. JUSTICE GYAN SUDHA MISRAFor Petitioner(s) Mr. J.S. Attri, Sr. Adv. Mr. Satpal Singh,Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R List on the date notified. (Sheetal Dhingra) (Juginder Kaur) COURT MASTER Assistant Registrar
êITEM NO.102 REGISTRAR COURT.1 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS WRIT PETITION (CIVIL) NO(s). 40 OF 2011 BEFORE THE REGISTRAR H.B. PRABHAKARA SASTRYM/S.GEHLOT CREATION & ANR. Petitioner(s) VERSUSUNION OF INDIA & ORS. Respondent(s)(With appln(s) for stay and office report)withWP(C) No.41/2011(with office report)Date: 02/09/2011 This Petition was called on for hearing today.For Petitioner(s) Mr. Pankaj Kr. Singh, Adv. Mr. Satpal Singh,Adv.For Respondent(s) Mr. Sarwan Kumar, Adv. Mr. Shreekant N. Terdal,Adv. UPON hearing counsel the Court made the following O R D E R Learned counsel for the petitioners in both thematters and learned counsel for respondent No.1 in WP(C)No.41/2011 are present. The served respondents are granted four weeks' timeto file counter affidavit.Item No.102 -2- Learned counsel for the petitioner to take freshsteps for confirming service upon the unserved respondent No.3within four weeks. List again on 31.10.2011. (H.B. PRABHAKARA SASTRY) REGISTRARrd
NITEM NO.MM 2-D COURT NO.2 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil) No(s).24479-24480/2011(From the judgement and order dated 28/07/2011 in SCA No.2128/2011,SCA No.2128/2011, MCA No.2134/2011 of The HIGH COURT OF GUJARAT ATAHMEDABAD)M/S J KANTILAL JEWELLERS & ANR Petitioner(s) VERSUSUNION OF INDIA & ORS. Respondent(s)(With appln(s) for exemption from filing c/c of the impugned Judgmentand prayer for interim relief)Date: 30/08/2011 These Petitions were called on for hearing today.CORAM : HON'BLE MR. JUSTICE ALTAMAS KABIR HON'BLE MR. JUSTICE SURINDER SINGH NIJJARFor Petitioner(s) Mr. Deepta Kirit Verma, Adv. Mr. Nikhil Goel, Adv. Mr. Marsook Bafati, Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R List this matter on the notified date. (Chetan Kumar) (Juginder Kaur) Court Master Assistant Registrar
\220ITEM NO.MM-2-E COURT NO.2 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSCC 13014/2011 inPetition(s) for Special Leave to Appeal (Civil)....../2011(From the judgement and order dated 18/03/2011 & 05/07/2011 in SCA No. 3627/2011 of The HIGH COURT OF GUJARAT AT AHMEDABAD)NAKIBHAJI ARIF NOORANI Petitioner(s) VERSUSUNION OF INDIA & ORS. Respondent(s)Date: 05/08/2011 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE ALTAMAS KABIR HON'BLE MR. JUSTICE CYRIAC JOSEPH HON'BLE MR. JUSTICE SURINDER SINGH NIJJARFor Petitioner(s) Mr. Nikhil Goel,Adv. Mr. Marsook Bafaki, Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Delay condoned. Issue notice. Tag with C.A.No.5680 of 2009. In the meantime, the parties are directed to maintain status quo with regard to the properties in question.(Sheetal Dhingra) (Sharda Kapoor) COURT MASTER Court Master
jITEM NOs.13+47 COURT NO.2 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSWRIT PETITION (CIVIL) NO(s). 293 OF 2011 (FOR PREL. HEARING)M/S.AREEB ROLLING MILLS PVT.LTD.& ORS. Petitioner(s) VERSUSUNION OF INDIA & ORS. Respondent(s)WITH W.P(C) NO. 306 of 2011 (FOR PREL. HEARING)W.P(C) NO. 308 of 2011((With appln(s) for ex-Parte stay and office report ))Date: 15/07/2011 These Petitions were called on for hearing today.CORAM : HON'BLE MR. JUSTICE ALTAMAS KABIR HON'BLE MR. JUSTICE CYRIAC JOSEPH HON'BLE MR. JUSTICE SURINDER SINGH NIJJARFor Petitioner(s) Mr. Vijay Kumar,Adv. Mr. Bharat L.Gandhi, Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Issue notice. Tag with C.A.No.5680 of 2009, which is listed on 20th July, 2011. Let notice of this writ petition be served on the respondents by way of dasti service, by 19th July, 2011. In the meantime, the respondent-Bank shall remain restrained from proceeding further under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short 'the SARFESI Act') as far as the petitioners are concerned.(Sheetal Dhingra) (Juginder Kaur) Court Master Assistant Registrar
êITEM NO.7 COURT NO.2 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS WRIT PETITION (CIVIL) NO.269 OF 2011 (For prel. hearing)PARAMHANS DHANANJAY SINGH Petitioner(s) VERSUSUNION OF INDIA & ORS. Respondent(s)(With appln(s) for ex-Parte stay and office report)Date: 06/07/2011 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE ALTAMAS KABIR HON'BLE MR. JUSTICE CYRIAC JOSEPHFor Petitioner(s) Mr. Tarkeshwar Nath, Adv. Mr. Rameshwar Prasad Goyal, Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Issue notice. Let service be effected on the respondents in the usual course and also by way of Dasti service. In the meantime, the respondent-Bank shall not proceed further under the provisions of the SARFAESI Act, 2002, as far as the petitioner is concerned. List this matter on 20th July, 2011, with C.A. No.5680 of 2009.(Chetan Kumar) (Juginder Kaur) Court Master Assistant Registrar
tITEM NO.62 COURT NO.2 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS WRIT PETITION (CIVIL) NO.220 OF 2011MUDALIAR DAMODARAN S. & ANR. Petitioner(s) VERSUSUNION OF INDIA & ORS. Respondent(s)(With appln(s) for ex-Parte stay and office report)Date: 13/05/2011 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE ALTAMAS KABIR HON'BLE MR. JUSTICE CYRIAC JOSEPHFor Petitioner(s) Mr. Satpal Singh, Adv. Mr. R.K. Poswal, Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Issue notice and tag with Civil Appeal No.5680 of 2009. In the meantime, the Bank shall not proceed further under the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. (Chetan Kumar) (Juginder Kaur) Court Master Assistant Registrar
öITEM NO.40 COURT NO.2 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS WRIT PETITION (CIVIL) NO(s). 220 OF 2011MUDALIAR DAMODARAN S. & ANR. Petitioner(s) VERSUSUNION OF INDIA & ORS. Respondent(s)(With appln(s) for ex-Parte stay and office report ))Date: 12/05/2011 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE ALTAMAS KABIR HON'BLE MR. JUSTICE CYRIAC JOSEPHFor Petitioner(s) Mr. Satpal Singh,Adv. Mr. R.K. Poswal, Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R List tomorrow. (Sheetal Dhingra) (Juginder Kaur) Court Master Court Master
\214ITEM NO.5 COURT NO.2 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS WRIT PETITION (CIVIL) NO.220 OF 2011MUDALIAR DAMODARAN S. & ANR. Petitioner(s) VERSUSUNION OF INDIA & ORS. Respondent(s)(With appln(s) for ex-Parte stay and office report)Date: 10/05/2011 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE ALTAMAS KABIR HON'BLE MR. JUSTICE CYRIAC JOSEPHFor Petitioner(s) Mr. Satpal Singh, Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R On the prayer made on behalf of the petitioners, let the matter be adjourned till Thursday (12.5.2011) and be listed as a fresh matter. (Chetan Kumar) (Juginder Kaur) Court Master Court Master
ÚITEM NO.134 REGISTRAR COURT.2 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS WRIT PETITION (CIVIL) NO(s). 318 OF 2010 BEFORE THE REGISTRAR SUNIL THOMASCHITRA SHAH & ORS. Petitioner(s) VERSUSUNION OF INDIA & ORS. Respondent(s)Date: 03/05/2011 This Petition was called on for hearing today.For Petitioner(s) Mr. Rameshwar Prasad Goyal,Adv.For Respondent(s) Mr. Pratap Venugopal,Adv. M/S. K.J. John & Co.,Adv. UPON hearing counsel the Court made the following O R D E R Await return of notice of respondent No. 1 and 3. Respondent No. 2 granted last opportunity for filing counter affidavit. List the matter on 7.7.2011. (SUNIL THOMAS)s Registrar
ÈITEM NO.11 COURT NO.2 SECTION IVA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil)....../2011 CC 3611-3614/2011(From the judgement and order dated 27/05/2010 in WA No. 1595/2009 &WA No. 1596/2009 & WA No. 1647/2009 & WA No. 10191/2009 of The HIGHCOURT OF KARNATAKA AT BANGALORE)INAMDAR SYYAD PEERSAB AMINSAB & ORS. Petitioner(s) VERSUSMAAMTAZ BEGUM & ORS. Respondent(s)With I.A.1-4(C/delay in filing SLP and c/delay in refiling SLP andoffice report ))Date: 04/03/2011 These Petitions were called on for hearing today.CORAM : HON'BLE MR. JUSTICE ALTAMAS KABIR HON'BLE MR. JUSTICE CYRIAC JOSEPHFor Petitioner(s) Mr. H.Chandra Sekhar, Adv. Mr. Nitin Kumar Gupta, Adv. Mr. Debasis Misra,Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Delay condoned. Issue notice. Tag with C.A.No.5680 of 2009. In the meantime, the respondent Bank shall remain restrained from proceeding further under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act, 2002), as far as the petitioners are concerned. Let this matter appear along with C.A.No.5680 of 2009, on 29 th March, 2011, for directions.(Sheetal Dhingra) (Juginder Kaur) Court Master Court Master
\234ITEM NO.5 COURT NO.7 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSI.A.No.2 IN CIVIL APPEAL NO(s). 5681 OF 2009AISHWARYA INDUSTRIES & ANR. Appellant (s) VERSUSJALGAON MERCHANT SAHAKARI BANK LTD. Respondent(s)(With appln(s) for vacating interim relief and office report )Date: 09/11/2010 This Appeal was called on for hearing today.CORAM : HON'BLE MR. JUSTICE HARJIT SINGH BEDI HON'BLE MR. JUSTICE CHANDRAMAULI KR. PRASADFor Appellant(s) Mr. S.A.Desai,Adv. Ms. Anagha S.Desai,Adv.For Respondent(s) Mr. Uday B.Dube,Adv. Mr. Manoj K.Mishra,Adv. UPON hearing counsel the Court made the following O R D E R The interim order dated 1/10/2007 is modified to the extent that the stay will be allowed to be continued provided the petitioner will deposit a sum of rupees thirty lakhs with the respondent bank within a period of twelve weeks from today. The I.A. No.2 is disposed of accordingly. [SUMAN WADHWA] [VINOD KULVI] COURT MASTER COURT MASTER
8ITEM NO.20 COURT NO.1 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil) No(s).29859/2010(From the judgement and order dated 23/08/2010 in SCA No.9938/2010of The HIGH COURT OF GUJARAT AT AHMEDABAD)PAN DRUGS LTD.& ANR Petitioner(s) VERSUSUNION OF INDIA & ANR Respondent(s)(With prayer for interim relief and office report)Date: 08/11/2010 This Petition was called on for hearing today.CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE K.S. RADHAKRISHNAN HON'BLE MR. JUSTICE SWATANTER KUMARFor Petitioner(s) Mr. Chirag M. Shroff,Adv. Mr. Dattatray Vyas,Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Issue notice. Place this petition for final hearing on 2nd December, 2010. The petitioners shall inform the respondents of the fixed date of hearing. In the meantime, pleadings shall be completed. ...2/- - 2 - Place S.L.P. (C) Nos.17365/2010 and17573/2007 as also connected matters along withthis petition. In the meantime, the parties are directedto maintain status quo with regard to the propertyin question. [ T.I. Rajput ] [ Madhu Saxena ] A.R.-cum-P.S. Assistant Registrar
\202ITEM NO.55 REGISTRAR COURT.1 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS CIVIL APPEAL NO(s). 5682 OF 2009 BEFORE THE REGISTRAR S.G. SHAHPRAKASHCHAND SHANTILAL JAIN Appellant (s) VERSUSGODAVARI LAXMI CO-OP. BANK LTD., JALGAON Respondent(s)(With prayer for interim relief and office report)Date: 27/10/2010 This Appeal was called on for hearing today.For Appellant(s) Ms. Anagha S.Desai,Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Statement of case is to be filed before 13.12.2010. (S.G. SHAH) REGISTRARrd
ðITEM NO.32 COURT NO.7 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil) No(s).24309/2010(From the judgement and order dated 21/06/2010 in SCA No.11849/2009 of The HIGH COURT OF GUJARAT AT AHMEDABAD)OMKAR BODY BUILDERS Petitioner(s) VERSUSTHE KHERALU NAGRIK SAHAKARI BANK LTD Respondent(s)(With appln(s) for exemption from filing c/c of the impugnedJudgment,exemption from filing O.T. and prayer for interim reliefand office report )Date: 04/10/2010 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE HARJIT SINGH BEDI HON'BLE MR. JUSTICE CHANDRAMAULI KR. PRASADFor Petitioner(s) Mr. H.A.Dave,Adv. Mr. Pradhuman N.Gohil,Adv. Ms. Charu Mathur,Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Issue notice. Prayer for interim relief is allowed. Tag with C.A.No. 5680/2009. [SUMAN WADHWA] [VINOD KULVI] COURT MASTER COURT MASTER
TITEM NO.7A(MM) COURT NO.7 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS IA NO. 2 in CIVIL APPEAL NO(s). 5681 OF 2009AISHWARYA INDUSTRIES & ANR. Appellant (s) VERSUSJALGAON MERCHANT SAHAKARI BANK LTD. Respondent(s)(With prayer for interim relief and office report )Date: 01/09/2010 This Appeal was mentioned today.CORAM : HON'BLE MR. JUSTICE HARJIT SINGH BEDI HON'BLE MR. JUSTICE CHANDRAMAULI KR. PRASADFor Appellant(s) Ms. Anagha S.Desai, Adv.For Respondent(s) Mr. Uday B. Dube, Adv. Mr. Manoj K.Mishra, Adv. UPON being mentioned the Court made the following O R D E R List after eight weeks. (KALYANI GUPTA) (VINOD KULVI) SR. P.A. COURT MASTER
æITEM NO.20 COURT NO.7 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil) No(s).23320/2010(From the judgement and order dated 21/06/2010 in SCA No.10849/2009 of The HIGH COURT OF GUJARAT AT AHMEDABAD)DEVANG SHAH Petitioner(s) VERSUSUNION OF INDIA & ORS. Respondent(s)(With prayer for interim relief and office report )Date: 27/08/2010 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE HARJIT SINGH BEDI HON'BLE MR. JUSTICE CHANDRAMAULI KR. PRASADFor Petitioner(s) Mr.Nikhil Goel,Adv. Ms.Naveen Goel,Adv. Mr.Marzook Bafaki,Adv. Mr.A.Venayagam Balan,AORFor Respondent(s) UPON hearing counsel the Court made the following O R D E R Leave granted. In the meantime, interim order passed by the High Court shall continue to operate. Tag with SLP(C)No. 17573/2007. [SUMAN WADHWA] [VINOD KULVI] COURT MASTER COURT MASTER
jITEM NO.111 REGISTRAR COURT.1 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS CIVIL APPEAL NO(s). 5684 OF 2009 BEFORE THE REGISTRAR S.G. SHAHMARATHWADA GRAMIN BANK Appellant (s) VERSUSMAHARASHTRA STATE COOP. BANK LTD & ORS. Respondent(s)(With appln(s) for directions and prayer for interim relief )Date: 11/05/2010 This Appeal was called on for hearing today.For Appellant(s) Ms. Chandan Ramamurthi,Adv.For Respondent(s) Mr. Rameshwar Prasad Goyal,Adv. UPON hearing counsel the Court made the following O R D E R Nobody is present. As last chance, parties have to file statement ofcase before 21.7.2010. (S.G. SHAH) Registrarhj
ÌITEM NO. 29 COURT NO.6 SECTION XIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil) No(s).12475/2010(From the judgement and order dated 02/02/2010 in WA No. 180/2008of The HIGH COURT OF KERALA AT ERNAKULAM)A.P.VARGHESE Petitioner(s) VERSUSKERALA STATE COOP.BANK LTD.& ORS. Respondent(s)(With office report)Date: 07/05/2010 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE D.K. JAIN HON'BLE MR. JUSTICE C.K. PRASADFor Petitioner(s) Mr.B. Ranjeith Marar, Adv. Mr.L.Rajesh Narayan Iyer, Adv. Mr.K. Paarmeshwar, Adv. Mr. K.L. Taneja,Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Leave granted. Tag with Civil Appeal 5680 of 2009. In the meanwhile, status-quo in respect of nature, title and possession of the suit property, shall be maintained. [ Usha Bhardwaj ] [ Pushap Lata Bhardwaj ] Court Master Asstt.Registrar
\ITEM NO.1 REGISTRAR COURT.1 SECTION XIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR M.K GUPTAPetition(s) for Special Leave to Appeal (Civil)....../2010 CC 5990/2010A.P.VARGHESE Petitioner(s) VERSUSKERALA STATE COOP.BANK LTD.& ORS. Respondent(s)(With appln(s) for c/delay in refiling SLP and office report)Date: 16/04/2010 This Petition was called on for hearing today.For Petitioner(s) Mr. K.L. Taneja,Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Application for condonation of delay in refiling theSpecial Leave Petition is allowed. (M.K. GUPTA) Registrarrd
4ITEM NO.134 REGISTRAR COURT.1 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS CIVIL APPEAL NO(s). 5684 OF 2009 BEFORE THE REGISTRAR M.K GUPTAMARATHWADA GRAMIN BANK Appellant (s) VERSUSMAHARASHTRA STATE COOP. BANK LTD & ORS. Respondent(s)(With appln(s) for directions and prayer for interim relief ))Date: 18/03/2010 This Appeal was called on for hearing today.For Appellant(s) Ms. Chandan Ramamurthi,Adv.For Respondent(s) Mr. Rameshwar Prasad Goyal,Adv. UPON hearing counsel the Court made the following O R D E R Await Original Record. Send reminder. List again on 10th May, 2010. (M.K. GUPTA) Registrarns
ÚITEM NO.5 COURT NO.6 SECTION XIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil) No(s).5097/2009(From the judgement and order dated 08/05/2008 in RP No. 128/2007of The HIGH COURT OF ORISSA AT CUTTACK)BARIPADA URBAN CO-OP BANK LTD & ANR. Petitioner(s) VERSUSBIMAL LOCHAN DAS & ORS. Respondent(s)Date: 08/02/2010 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE D.K. JAIN HON'BLE MR. JUSTICE T.S. THAKURFor Petitioner(s) Ms.Vinoo Bhagat, Adv. Mr.Rutwik Panda,Adv.For Respondent(s) Mr.Puneet Jain, Adv. Ms. Chisti Jain. Adv. Ms.Eshita Brar, Adv. Ms. Pratibha Jain,Adv. UPON hearing counsel the Court made the following O R D E R A letter has been circulated by respondents seeking further time to file counter affidavit. From the record we find that the said respondent was served in February, 2009 and vide order dated 20th February, 2009 he was granted four weeks' time to file counter affidavit. In view of the fact that the counter affidavit has not been filed so far, we grant leave. [ Usha Bhardwaj ] [ Pushap Lata Bhardwaj ] Court Master Court Master
>ITEM NO.139 REGISTRAR COURT.1 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS CIVIL APPEAL NO(s). 5684 OF 2009 BEFORE THE REGISTRAR M.K GUPTAMARATHWADA GRAMIN BANK Appellant (s) VERSUSMAHARASHTRA STATE COOP. BANK LTD & ORS. Respondent(s)(With appln(s) for directions and prayer for interim relief )Date: 20/01/2010 This Appeal was called on for hearing today.For Appellant(s) Ms. Chandan Ramamurthi,Adv.For Respondent(s) Mr. Rameshwar Prasad Goyal,Adv. UPON hearing counsel the Court made the following O R D E R Await original record. Send reminder. List again on 18th March, 2010. (M.K. GUPTA) Registrarns
¢ITEM NO. 43 COURT NO.7 SECTION XIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil) No(s).5097/2009(From the judgement and order dated 08/05/2008 in RP No. 128/2007of The HIGH COURT OF ORISSA AT CUTTACK)BARIPADA URBAN CO-OP BANK LTD & ANR. Petitioner(s) VERSUSBIMAL LOCHAN DAS & ORS. Respondent(s)Date: 07/01/2010 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE D.K. JAIN HON'BLE MR. JUSTICE T.S. THAKURFor Petitioner(s) Mr.Rutwik Panda,Adv.For Respondent(s) Mr. Sushil Kumar Jain, Adv. Mr. Puneet Jain, Adv. Ms. Eshita Barua, Adv. Ms. Pratibha Jain,Adv. UPON hearing counsel the Court made the following O R D E R Perused the letter. List after four weeks. [ Charanjeet Kaur ] [ Pushap Lata Bhardwaj ] Court Master Court Master
>ITEM NO.133 REGISTRAR COURT.1 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS CIVIL APPEAL NO(s). 5684 OF 2009 BEFORE THE REGISTRAR M.K GUPTAMARATHWADA GRAMIN BANK Appellant (s) VERSUSMAHARASHTRA STATE COOP. BANK LTD & ORS. Respondent(s)(With appln(s) for directions and prayer for interim relief )Date: 09/12/2009 This Appeal was called on for hearing today.For Appellant(s) Ms. Chandan Ramamurthi,Adv.For Respondent(s) Mr. M.Y. Dishmukh, Adv. Mr. Sunil Kumar, Adv. Mr. Rameshwar Prasad Goyal,Adv. UPON hearing counsel the Court made the following O R D E R Appellant to file one spare copy of appeal for recordof High Court within two weeks. List again on 20th January, 2010. (M.K. GUPTA) Registrarns
¬ITEM NO.73 REGISTRAR COURT.2 SECTION XIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR ASHOK MENONPetition(s) for Special Leave to Appeal (Civil) No(s).5097/2009BARIPADA URBAN CO-OP BANK LTD & ANR. Petitioner(s) VERSUSBIMAL LOCHAN DAS & ORS. Respondent(s)Date: 26/10/2009 This Petition was called on for hearing today.For Petitioner(s) Mr.Rutwik Panda,Adv.For Respondent(s) Ms. Pratibha Jain,Adv. Ms. Eshita Baruah, Adv. UPON hearing counsel the Court made the following O R D E R Ms. Pratibha Jain, Adv. Who has proposed to appear for Respondent Nos. 1, 4 and 5 has not filed vakalatnama and counter affidavit so far. As a last chance, two weeks time is granted and thereafter, list the matter before the Hon'ble Court. (Ashok Menon) RegistrarPs
\ITEM NO.MM-14 COURT NO.2 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil) No(s).25930/2009(From the judgement and order dated 16/09/2009 in WP No.1748/2009of The HIGH COURT OF BOMBAY)CAR MART PRIVATE LTD.& ANR. Petitioner(s) VERSUSBOMBAY MERCANTILE CO-OP.BANK LTD.& ORS. Respondent(s)(With prayer for interim relief)Date: 08/10/2009 This Petition was mentioned today.CORAM : HON'BLE MR. JUSTICE B.N. AGRAWAL HON'BLE MR. JUSTICE G.S. SINGHVIFor Petitioner(s) Mr. Ashok Mathur,Adv.For Respondent(s) Mr. Ankur Chawla,Adv. Mr. Sarvesh Singh,Adv. for M/s. COAC,Advs. UPON hearing counsel the Court made the following O R D E R Place the petition on the date notified. [ Alka Dudeja ] [ Savita Sainani ] Court Master Court Master
ITEM NO.76 REGISTRAR COURT.2 SECTION XIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR ASHOK MENONPetition(s) for Special Leave to Appeal (Civil) No(s).5097/2009BARIPADA URBAN CO-OP BANK LTD & ANR. Petitioner(s) VERSUSBIMAL LOCHAN DAS & ORS. Respondent(s)Date: 07/09/2009 This Petition was called on for hearing today.For Petitioner(s) Mr. Rutwik Panda,Adv.For Respondent(s)Ms. Veena Rattan, Adv. Ms. Pratibha Jain,Adv. UPON hearing counsel the Court made the following O R D E R Counsel for Ms. Pratibha Jain undertakes to file vakalatnama for respondents No.1, 2, 4 and 5 within a week and also to file counter affidavit by 26.10.2009. List the matter on that date. (ASHOK MENON) Registrar
\212ITEM NO.133 REGISTRAR COURT.2 SECTION XIA SUPR EME COUR T OF I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR ASHOK MENONPetition(s) for Special Leave to Appeal (Civil) No(s).5097/2009(From the judgement and order dated 08/05/2008 in RP No. 128/2007 of The HIGHCOURT OF ORISSA AT CUTTACK)BARIPADA URBAN CO-OP BANK LTD & ANR. Petitioner(s) VERSUSBIMAL LOCHAN DAS & ORS. Respondent(s)Date: 28/07/2009 This Petition was called on for hearing today.For Petitioner(s) Mr.Rutwik Panda,Adv.For Respondent(s) Ms. Pratibha Jain,Adv. UPON hearing counsel the Court made the following ORDER Ms. Pratibha Jain, Advocate has accepted notice on behalf of all the respondents but she has not filed Vakaltnama on behalf of R-1,2,4 and 5. She has filed Vakalatnama with caveat on behalf of R-3 only. She has not filed counter affidavit. she is directed to file Vakaltnama for the aforementioned respondents and also filed counter affidavit, if any. List the matter on 7.9.2009. (ASHOK MENON) Registrar
ITEM NO.114 REGISTRAR COURT.2 SECTION XIA SUPR EME COUR T OF I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR ASHOK MENONPetition(s) for Special Leave to Appeal (Civil) No(s).5097/2009(From the judgement and order dated 08/05/2008 in RP No. 128/2007 of The HIGHCOURT OF ORISSA AT CUTTACK)BARIPADA URBAN CO-OP BANK LTD & ANR. Petitioner(s) VERSUSBIMAL LOCHAN DAS & ORS. Respondent(s)Date: 10/07/2009 This Petition was called on for hearing today.For Petitioner(s) Mr.Rutwik Panda,Adv.For Respondent(s) Ms. Pratibha Jain,Adv. UPON hearing counsel the Court made the following ORDER Respondent No.1 to 5 have been served but not filed counter affidavit. It is submitted that R-3 has been served and filed counter affidavit. Registry has to verify the same. Petitioner has to take appropriate steps to confirm service upon unserved respondents after the clarification. List the matter on 27.7.2009. (ASHOK MENON) Registrar
lITEM NO.102 REGISTRAR COURT.2 SECTION XIA SUPREME COURT OF INDIA RECORD OF PROCEEDINGS BEFORE THE REGISTRAR SUNIL THOMAS Petition(s) for Special Leave to Appeal (Civil) No(s).5097/2009BARIPADA URBAN CO-OP BANK LTD. & ANR. Petitioner(s) VERSUSBIMAL LOCHAN DAS & ORS. Respondent(s)Date: 28/04/2009 These Petitions were called on for hearing today.For Petitioner(s) Mr. Rutwik Panda,Adv.For Respondent(s) Ms. Pratibha Jain, Adv. UPON hearing counsel the Court made the following ORDER Learned Counsel for respondents has not filed vakalatnama for respondent Nos. 1, 2, 4and 5 even though notice was accepted. No counter affidavit and no representation also. File vakalatnama and counter affidavit, if any, as a last chance, within three weeksfrom today. List the matter on 10-7-2009. (SUNIL THOMAS)va Registrar
ÞITEM NO. 34 COURT NO.11 SECTION XIA SUPREME COURT OF INDIA RECORD OF PROCEEDINGSPetition for Special Leave to Appeal (Civil)....../2008 CC 15045/2008(From the judgement and order dated 08/05/2008 in RP No. 128/2007 ofThe HIGH COURT OF ORISSA AT CUTTACK)BARIPADA URBAN CO-OP BANK LTD & ANR. Petitioner(s) VERSUSBIMAL LOCHAN DAS & ORS. Respondent(s)WITH I.A.1 (C/Delay in filing SLP)Date: 20/02/2009 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE D.K. JAIN HON'BLE MR. JUSTICE R.M. LODHAFor Petitioner(s) Mr. Vinoo Bhagat, Adv. Mr.Rutwik Panda,Adv.For Respondent(s) Mr. Altaf Ahmed, Sr. Adv. Mr. Sushil Kumar Jain, Adv. Mr. Puneet Jain, Adv. Ms. Archana Tiwari, Adv. Ms. Pratibha Jain,Adv. UPON hearing counsel the Court made the following ORDER Delay condoned. Issue notice. Ms. Pratibha Jain, learned counsel accepts notice for all the respondents. Let counter affidavit on behalf of the respondents be filed within four weeks. Rejoinder affidavit, if necessary, be filed within two weeks thereafter. [ Charanjeet Kaur ] [ Vijay Dhawan ] Court Master Court Master
pITEM NO.49 COURT NO.2 SECTION IX SUPREME COURT OF INDIA RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil) No(s).2168/2007(From judgment and order dated 19/12/2006 in WP No.5632/2006of THE HIGH COURT OF BOMBAY, BENCH AT AURANGABAD)MARATHWADA GRAMIN BANK Petitioner(s) VERSUSMAHARASHTRA STATE COOP. BANK LTD & ORS. Respondent(s)(With appln(s) for exemption from filing O.T., directions,filing additional documents and prayer for interim relief)Date: 09/01/2009 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE B.N. AGRAWAL HON'BLE MR. JUSTICE G.S. SINGHVIFor Petitioner(s) Mr. Chinmoy A. Khaladkar,Adv. Mr. Arvind S. Avhad,Adv. Ms. Chandan Ramamurthi,Adv.For Respondent(s) Mr. H.N. Salve,Sr.Adv. Mr. M.Y. Deshmukh,Adv. Mr. Rameshwar Prasad Goyal,Adv. UPON hearing counsel the Court made the following ORDER Exemption allowed. Permission to file additional documents is granted. Issue notice. Mr. Rameshwar Prasad Goyal, learned counsel, who appears on caveat, accepts notice on behalf of Respondent No.1. So far as other respondents are concerned, in our view, they are not necessary parties; as such, service of notices upon them is dispensed with. Tag the petition with S.L.P. (C) No.17573 of 2007 and connected cases. Let this petition and other cases be placed on a non-miscellaneous day after six weeks.[ T.I. Rajput ] [ Savita Sainani ] A.R.-cum-P.S. Court Master
ÎITEM NO.34 COURT NO.2 SECTION IX SUPREME COURT OF INDIA RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil) No(s).2168/2007(From judgment and order dated 19/12/2006 in WP No.5632/2006of THE HIGH COURT OF BOMBAY, BENCH AT AURANGABAD)MARATHWADA GRAMIN BANK Petitioner(s) VERSUSMAHARASHTRA STATE COOP. BANK LTD & ORS. Respondent(s)(With appln(s) for exemption from filing O.T., directions andprayer for interim relief)Date: 05/01/2009 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE B.N. AGRAWAL HON'BLE MR. JUSTICE G.S. SINGHVIFor Petitioner(s) Mr. Chinmoy A. Khaladkar,Adv. Mr. Arvind S. Avhad,Adv. Ms. Chandan Ramamurthi,Adv.For Respondent(s) Mr. H.N. Salve,Sr.Adv. Mr. M.Y. Deshmukh,Adv. Mr. Rameshwar Prasad Goyal,Adv. UPON hearing counsel the Court made the following ORDER Place the petition on 9th January, 2009. [ T.I. Rajput ] [ Savita Sainani ] A.R.-cum-P.S. Court Master
ÎITEM NO.34 COURT NO.2 SECTION IX SUPREME COURT OF INDIA RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil) No(s).2168/2007(From judgment and order dated 19/12/2006 in WP No.5632/2006of THE HIGH COURT OF BOMBAY, BENCH AT AURANGABAD)MARATHWADA GRAMIN BANK Petitioner(s) VERSUSMAHARASHTRA STATE COOP. BANK LTD & ORS. Respondent(s)(With appln(s) for exemption from filing O.T., directions andprayer for interim relief)Date: 05/01/2009 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE B.N. AGRAWAL HON'BLE MR. JUSTICE G.S. SINGHVIFor Petitioner(s) Mr. Chinmoy A. Khaladkar,Adv. Mr. Arvind S. Avhad,Adv. Ms. Chandan Ramamurthi,Adv.For Respondent(s) Mr. H.N. Salve,Sr.Adv. Mr. M.Y. Deshmukh,Adv. Mr. Rameshwar Prasad Goyal,Adv. UPON hearing counsel the Court made the following ORDER Place the petition on 9th January, 2009. [ T.I. Rajput ] [ Savita Sainani ] A.R.-cum-P.S. Court Master
XITEM NO.25 COURT NO.2 SECTION IX SUPREME COURT OF INDIA RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil) No(s).27888/2008(From the judgement and order dated 20/10/2008 in WP No.4109/2008of The HIGH COURT OF BOMBAY AT NAGPUR BENCH, NAGPUR)LADDHA BROTHERS FILMS PVT.LTD. Petitioner(s) VERSUSUNION OF INDIA & ORS. Respondent(s)(With prayer for interim relief and office report)Date: 01/12/2008 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE B.N. AGRAWAL HON'BLE MR. JUSTICE G.S. SINGHVIFor Petitioner(s) Mr. Arun S. Aggarwal,Adv. Mr. Nikhil Nayyar,Adv. Mr. T.V.S. Raghavendra Sreyas,Adv. Mr. Ambuj Agrawal,Adv.For Respondent(s) UPON hearing counsel the Court made the following ORDER Issue notice. Until further orders, interim order passed by the High Court shall continue to operate. Place the petition on 19th January, 2009. Tag this petition with S.L.P. (C) No.17573 of 2007.[ Alka Dudeja ] [ Savita Sainani ] Court Master Court Master
rITEM NO.13 IN COURT NO.2 SECTION XIA SUPREME COURT OF INDIA RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil)....../2008(CC 15045/2008)(From the judgement and order dated 08/05/2008 in RP No.128/2007of The HIGH COURT OF ORISSA AT CUTTACK)BARIPADA URBAN CO-OP BANK LTD & ANR. Petitioner(s) VERSUSBIMAL LOCHAN DAS & ORS. Respondent(s)(With appln(s) for c/delay in filing SLP)Date: 21/11/2008 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE D.K. JAIN HON'BLE MR. JUSTICE G.S. SINGHVIFor Petitioner(s) Mr. Rutwik Panda,Adv. (N/P)For Respondent(s) Mr. Sushil Kumar Jain,Adv. Mr. Puneet Jain,Adv. Ms. Pratibha Jain,Adv. UPON hearing counsel the Court made the following ORDER Perused the letter circulated by the learned advocate for the petitioners. Place the petition after two weeks. [ Alka Dudeja ] [ Savita Sainani ] Court Master Court Master
VIT E M NO.3 7 COUR T NO.2 SEC T I O N IX S UP R E M E C OUR T O F I N D I A R ECO R D OF P R OC E E D I N G SPetition(s) for Special Leave to Appeal (Civil) No(s).2 3 8 7 6 / 2 0 0 8(From the judgement and order dated 13 / 0 8 / 2 0 0 8 in FA No. 14 8 1 / 2 0 0 8 ofThe HIGH COUR T OF BOM B A Y)PA N DU R A N G GAN P A T I CHAUGUL E Petitioner(s) VER SUSVIS H W A S R A O PA T I L MURGUD SAHA K A R I BAN K L. Respondent(s)(With appln(s) for exemption from filing c/c of the impugned Judgment andprayer for interim relief and office report)Date: 13 / 1 0 / 2 0 0 8 This Petition was called on for hearing today.CORAM : HON'B L E MR. JUS T I C E B.N. AGRA W A L HON'B L E MR. JUS T I C E G.S. SIN G H V IFor Petitioner(s) Mr.Gau r av Agrawal,Adv.For Respondent(s) Mr. Vinay Navare, Adv.for Ms. Abha R. Shar m a ,Adv. UPON hearing counsel the Court made the following OR D E R Issue notice. Mr. Vinay Navare, Adv. waives service of notice on behalf of therespondent. Tag with SL P(C) No.1 7 5 7 3 of 2 0 0 7 & batch. Interi m order dated 25 th September, 2 0 0 8 to continue. (Parveen Kr. Chawla) (Savita Sainani) Court Master Court Master
\210ITEM NO.MM-9 COURT NO.2 SECTION IX SUPREME COURT OF INDIA RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil) No(s).23876/2008(From the judgement and order dated 13/08/2008 in FA No.1481/2008of The HIGH COURT OF BOMBAY)PANDURANG GANPATI CHAUGULE Petitioner(s) VERSUSVISHWASRAO PATIL MURGUD SAHAKARI BANK L. Respondent(s)(With appln(s) for exemption from filing c/c of the impugnedjudgment and prayer for interim relief)Date: 25/09/2008 This Petition was mentioned today.CORAM : HON'BLE MR. JUSTICE B.N. AGRAWAL HON'BLE MR. JUSTICE G.S. SINGHVIFor Petitioner(s) Mr. Gaurav Agrawal,Adv.For Respondent(s) Mr. Vinay Navare,Adv. Ms. Abha R. Sharma,Adv. UPON hearing counsel the Court made the following ORDER Place the petition on the date notified, i.e., 13 th October, 2008. Till that date, the stay order passed by the High Court shall continue to operate. [ T.I. Rajput ] [ Om Prakash ]A.R.-cum-P.S. Assistant Registrar
ITEM NO.MM-12 COURT NO.2 SECTION IX SUPREME COURT OF INDIA RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil) No(s).17898/2007(From the judgement and order dated 03/07/2007 in WP No.3195/2007of The HIGH COURT OF BOMBAY AT AURANGABAD)PRAKASHCHAND SHANTILAL JAIN Petitioner(s) VERSUSGODAVARI LAXMI CO-OP. BANK LTD., JALGAON Respondent(s)(With appln(s) for exemption from filing c/c of the impugned judgment and prayer for interimrelief)Date: 21/09/2007 This Petition was mentioned today.CORAM : HON'BLE MR. JUSTICE B.N. AGRAWAL HON'BLE MR. JUSTICE P.P. NAOLEKARFor Petitioner(s) Mr. Ashok Kumar Srivastav,Sr.Adv. Mr. Satyajit A. Desai,Adv. Mr. Amol N. Suryawanshi,Adv. Ms. Anagha S.Desai,Adv.For Respondent(s) UPON hearing counsel the Court made the following ORDER List the petition on the date notified, i.e., 1st October, 2007. Till that date, interim order passed by the High Court shall continue to operate. Tag the petition with S.L.P. (C) No.17573 of 2007. [ T.I. Rajput ] [ Om Prakash ]A.R.-cum-P.S. Court Master
¨ITEM NO.MM-11 COURT NO.2 SECTION IX SUPREME COURT OF INDIA RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil) No(s).17897/2007(From the judgement and order dated 03/07/2007 in WP No.2751/2007of The HIGH COURT OF BOMBAY AT AURANGABAD)AISHWARYA INDUSTRIES & ANR. Petitioner(s) VERSUSJALGAON MERCHANT SAHAKARI BANK LTD. Respondent(s)(With prayer for interim relief)Date: 21/09/2007 This Petition was mentioned today.CORAM : HON'BLE MR. JUSTICE B.N. AGRAWAL HON'BLE MR. JUSTICE P.P. NAOLEKARFor Petitioner(s) Mr. Ashok Kumar Srivastav,Sr.Adv. Mr. Satyajit A. Desai,Adv. Mr. Amol N Suryawanshi,Adv. Ms. Anagha S.Desai,Adv.For Respondent(s) Mr. Uday B. Dube,Adv. Mr. Kuldeep Singh,Adv. Mr. Manoj K. Mishra,Adv. UPON hearing counsel the Court made the following ORDER List the petition on the date notified, i.e., 1st October, 2007. Till that date, interim order passed by the High Court shall continue to operate. Tag the petition with S.L.P. (C) No.17573 of 2007. [ T.I. Rajput ] [ Om Prakash ] A.R.-cum-P.S. Court Master
>ITEM NO.39 COURT NO.2 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Civil) No(s).2168/2007(From the judgement and order dated 19/12/2006 in WP No.5632/2006 of The HIGH COURT OF BOMBAY AT AURANGABAD BENCH)MARATHWADA GRAMIN BANK Petitioner(s) VERSUSMAHARASHTRA STATE COOP. BANK LTD & ORS. Respondent(s)(With appln(s) for exemption from filing O.T. and prayer for interim relief)Date: 12/02/2007 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE B.N. AGRAWAL HON'BLE MR. JUSTICE P.P. NAOLEKARFor Petitioner(s) Mr. U.U. Lalit,Sr.Adv. Mr. Sanjay V. Kharde,Adv. Ms. Chandan Ramamurthi,Adv.For Respondent(s) Mr. Harish N. Salve,Sr.Adv.
No.1: Mr. M.Y. Deshmukh,Adv. Mr. Rameshwar Prasad Goyal,Adv. UPON hearing counsel the Court made the following O R D E R Place the matter after the disposal of Civil Appeal No.432 of 2004. [ Alka Dudeja ] [ Om Prakash ] Court Master Court Master