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Supreme Court - Daily Orders

Union Of India vs Adani Enterprises Ltd. on 7 May, 2019

Bench: Uday Umesh Lalit, Indu Malhotra

                                                     1



     ITEM NO.22                              COURT NO.8                  SECTION II-A

                                  S U P R E M E C O U R T O F      I N D I A
                                          RECORD OF PROCEEDINGS

     IA 2786/2019,2788/2019, in Petition(s) for Special Leave to Appeal
     (Crl.) No(s). 169/2019

     (Arising out of impugned final judgment and order dated 19-09-2018
     in WP No. 3818/2018 passed by the High Court Of Judicature At
     Bombay)

     UNION OF INDIA & ORS.                                                Petitioner(s)

                                                    VERSUS

     ADANI ENTERPRISES LTD. & ANR.                       Respondent(s)
     (Applications for exemption from filing c/c of the impugned judgment
     &Permission to file lengthy list of dates)

     Date : 07-05-2019 These matters were called on for hearing today.

     CORAM :
                            HON'BLE MR. JUSTICE UDAY UMESH LALIT
                            HON'BLE MS. JUSTICE INDU MALHOTRA


     For Petitioner(s)                 Mr.   Aman Lekhi, ASG
                                       Ms.   Shirin Khajuria, Advocate
                                       Ms.   Shradha Deshmukh, Adv
                                       Mr.   B. Krishna Prasad, AOR

     For Respondent(s)                Mr.   Vikram Nankani, Sr. Adv.
                                      Ms.   Yugandhara Pawar Jha, Adv.
                                      Mr.   Kunal Verma, AOR
                                      Mr.   Piyush Bhardwaj, Adv

                                       Mr. Mukul Rohatgi, Sr. Adv.
                                        Mr. Amol N. Suryawanshi, Adv.
                                       M/S. Law Associates, AOR


                             UPON hearing the counsel the Court made the following
                                                O R D E R

Signature Not Verified Digitally signed by INDU MARWAH Date: 2019.05.09 Mr. Aman Lekhi, learned ASG appearing for the petitioners 09:05:17 IST Reason: submitted that the order under appeal though interim in nature, has granted final relief itself at the interim stage. He further 2 submitted that for exercise of power under Section 166-A Cr.P.C. it would not be necessary that an offence had to be registered and the term “investigation” has to be understood in terms of Chapter XII of Cr.P.C. Mr. Mukul Rohatagi, learned Senior Advocate appearing for the respondents countered the submissions and submitted that the matter in any case requires consideration and whether or not the investigation for the purposes of of Section 166-A Cr.P.C. would commence only upon the registration of crime also needs to be considered.

Since the matter is pending consideration before the High Court, we request the High Court to take up Writ Petition No.3818 of 2018 for hearing as early as possible and preferably by end of June, 2019.

List for further consideration on 04.07.2019 at the end of the Board.

(INDU MARWAH)                                          (RAJINDER KAUR)
COURT MASTER (SH)                                         BRANCH OFFICER