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NATIONAL URBAN COOPERATIVE BANK LTD. v. M/S KHANDELWAL RUBBER PRODUCTS PVT. LTD.

Supreme Court of India | Diary 10202/2021

Status

ROP - of Main Case

Decided On

02-02-2024

Bench

HON'BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA and HON'BLE MR. JUSTICE ARAVIND KUMAR

Petitioner

NATIONAL URBAN COOPERATIVE BANK LTD.

Respondent

M/S KHANDELWAL RUBBER PRODUCTS PVT. LTD.

Primary Holding

A petitioner in a Special Leave Petition may be permitted to withdraw the petition to avail an alternative remedy, with any interim stay granted by the court enuring to the petitioner's benefit for a limited period after such withdrawal.

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Full Judgment Text

ITEM NO.43 COURT NO.16 SECTION XVII-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). 16604- 16605/2021 (Arising out of impugned final judgment and order dated 17-08-2020 in FA No. 148/2011 26-11-2020 in RA No. 170/2020 passed by the National Consumers Disputes Redressal Commission, New Delhi) NATIONAL URBAN COOPERATIVE BANK LTD. & ANR. Petitioner(s) VERSUS M/S KHANDELWAL RUBBER PRODUCTS PVT. LTD. & ANR. Respondent(s) IA No. 133556/2021 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Date : 02-02-2024 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA HON'BLE MR. JUSTICE ARAVIND KUMAR For Petitioner(s) Mr. Gagan Gupta, Sr. Adv. Mr. Nikhil Jain, AOR Ms. Divya Jain, Adv. Ms. Prashant Mohla, Adv. Ms. Santanu Ghosh, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R 1. In view of the decision of this Court in Universal Sompo General Insurance Co. Ltd. vs. Suresh Chand Jain ; 2023 INSC 649: 2023 SCC Online SC 877, liberty is given to the petitioners to withdraw the petition to avail alternative remedy. 2. Interim stay passed by this Court vide order dated 29.10.2021 will enure to the benefit of the petitioners for a period of only six weeks from today. Subject to this direction, the Special Leave 1

Petitions are dismissed as withdrawn. 3. Pending application(s), if any, stand disposed of. (KAPIL TANDON) (NIDHI WASON) COURT MASTER (SH) COURT MASTER (NSH) 2

ITEM NO.59 REGISTRAR COURT. 1 SECTION XVII-A 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 SH. ATUL M. KURHEKAR Petition(s) for Special Leave to Appeal (C) No(s). 16604- 16605/2021 NATIONAL URBAN COOPERATIVE BANK LTD. & ANR. Petitioner(s) VERSUS M/S KHANDELWAL RUBBER PRODUCTS PVT. LTD. & ANR. Respondent(s) IA No. 133556/2021 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Date : 14-02-2023 These matters were called on for hearing today. For Petitioner(s) Mr. Nikhil Jain, AOR Ms. Divya Jain, Adv. Ms. Nupur Prasad, Adv. Mr. Chandan Kumar Singh, Adv. Mr. Arun Adlakha, Adv. For Respondent(s) UPON hearing the counsel, the Court made the following O R D E R Service is complete on respondent Nos.1 and 2 but none has entered appearance. Registry to process the matter for listing before the Hon’ble Court, as per rules. ATUL M. KURHEKAR Registrar

ITEM NO.41 REGISTRAR COURT. 1 SECTION XVII-A 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 SH. H. SHASHIDHARA SHETTY Petition(s) for Special Leave to Appeal (C) No(s). 16604- 16605/2021 NATIONAL URBAN COOPERATIVE BANK LTD. & ANR. Petitioner(s) VERSUS M/S KHANDELWAL RUBBER PRODUCTS PVT. LTD. & ANR. Respondent(s) IA No. 133556/2021 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Date : 09-01-2023 These matters were called on for hearing today. For Petitioner(s) Mr. Nikhil Jain, AOR Ms. Divya Jain, Adv. Ms. Nupur Prasad, Adv. Mr. Prashant Mohla, Adv. Mr. Chandan Kumar Singh, Adv. For Respondent(s) UPON hearing the counsel, the Court made the following O R D E R Delay in filing spare copy and fresh particulars in respect of common respondent No.1 is condoned. Notice be issued at once. Service is complete on common respondent No.2 but none has entered appearance. List again on 14.2.2023. H. SHASHIDHARA SHETTY Registrar

ITEM NO.43 REGISTRAR COURT. 1 SECTION XVII-A 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 MS. ANJU BAJAJ CHANDNA Petition(s) for Special Leave to Appeal (C) No(s). 16604- 16605/2021 NATIONAL URBAN COOPERATIVE BANK LTD. & ANR. Petitioner(s) VERSUS M/S KHANDELWAL RUBBER PRODUCTS PVT. LTD. & ANR. Respondent(s) IA No. 133556/2021 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Date : 12-10-2022 These matters were called on for hearing today. For Petitioner(s) Mr. Nikhil Jain, AOR For Respondent(s) UPON hearing the counsel, the Court made the following O R D E R Ld. counsel for the petitioner is granted two weeks’ time to take fresh steps and file fresh particulars in respect of unserved common respondent No.1. Service is complete on common respondent No.2 but none has entered appearance. List on 21.11.2022. ANJU BAJAJ CHANDNA Registrar

ITEM NO.9 Court 10 (Video Conferencing) SECTION XVII-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). 16604- 16605/2021 (Arising out of impugned final judgment and order dated 17-08-2020 in FA No. 148/2011 26-11-2020 in RA No. 170/2020 passed by the National Consumers Disputes Redressal Commission, New Delhi) NATIONAL URBAN COOPERATIVE BANK LTD. & ANR. Petitioner(s) VERSUS M/S KHANDELWAL RUBBER PRODUCTS PVT. LTD. & ANR. Respondent(s) (FOR ADMISSION and I.R. and IA No.133556/2021-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT ) Date : 29-10-2021 These petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE K.M. JOSEPH HON'BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA For Petitioner(s) Mr. R. Balasubramanium, Sr. Adv. Mr. Nikhil Jain, AOR Mr. Vinod Kumar, Adv. Mr. Satya Prakash, Adv. Ms. Nupur Prasad, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Issue notice limited to the question relating to the compensation awarded on the basis of interpretation of Clause 6 and 9. There will be stay, as prayed for, limited to the direction to pay Rs. 6 lakhs with interest thereon. (JAGDISH KUMAR) (RENU KAPOOR) COURT MASTER (SH) BRANCH OFFICER

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