Supreme Court - Daily Orders
Mseb Holding Co. Ltd vs The Hong Kong And Shanghai Banking ... on 24 March, 2025
Author: Dipankar Datta
Bench: Dipankar Datta
ITEM NO.62 COURT NO.14 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.7870/2025
[Arising out of impugned final judgment and order dated 17-12-2024
in WP No.13194/2023 passed by the High Court of Judicature at
Bombay]
MSEB HOLDING CO. LTD. & ANR. Petitioners
VERSUS
THE HONG KONG AND SHANGHAI BANKING
CORPORATION LIMITED & ORS. Respondents
(With I.A. No.71580/2025-EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT)
Date : 24-03-2025 This matter was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE DIPANKAR DATTA
HON'BLE MR. JUSTICE MANMOHAN
For Petitioner(s) :Mr. Tushar Mehta, Solicitor General
Mr. Anjan Dasgupta, Adv.
Ms. Rimali Batra, Adv.
Mr. Abhishek Lalwani, Adv.
Ms. Sanika Dalvi, Adv.
M/S. D. S. K. Legal, AOR
For Respondent(s) :Mr. Abhishek Manu Singhvi, Sr. Adv.
Mr. Darius Khambata, Sr. Adv.
Mr. Ashim Sood, Adv.
Mr. Rajendra Barot, Adv.
Mr. Vivek Shetty, Adv.
Ms. Cheryl Fernandes, Adv.
Mr. Ayush Chaddha, Adv.
Mr. Naman Nayyar, Adv.
Mr. Yash Johri, Adv.
Mr. Navneet R., AOR
Mr. Ankur Singhal, Adv.
Signature Not Verified
Ms. Isha Khurana, Adv.
Digitally signed by
rashmi dhyani pant
Date: 2025.03.25
14:26:32 IST
Reason:
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UPON hearing the counsel the Court made the following
O R D E R
1. The High Court of Judicature at Bombay has reversed the decree of dismissal of the suit for eviction instituted by the plaintiff-respondent no.1 and the appellate decree of affirmance thereof vide a judgment and order dated 17th December, 2024, passed in exercise of jurisdiction under Article 227 of the Constitution of India. While ordering the defendants in the suit to handover possession of the suit premises to the plaintiff-respondent no.1, the High Court also directed a separate enquiry to be conducted for calculation of mesne profits under the provisions of Order XX Rule 12, Code of Civil Procedure, 1908 w.e.f. the date of termination of tenancy.
2. Two of the defendants, viz. MSEB Holding Co. Ltd. and Maharashtra State Distribution Co. Ltd., have challenged the said judgment and order dated 17 th December, 2024 in this special leave petition.
3. Having heard Mr. Mehta, learned Solicitor General appearing for the petitioners and Dr. Singhvi, learned senior counsel for the plaintiff-respondent no.1, we are not inclined to interfere with the impugned judgment and order of the High Court; hence, the special leave petition is dismissed.
4. However, we grant liberty to the two petitioners to vacate and deliver peaceful possession of the suit premises in favour of the plaintiff-respondent no.1 by 31st December, 2025, upon filing of the requisite undertakings by 17th April, 2025.
5. In default of filing of the requisite undertakings by the stipulated date, the protection granted by this order shall stand revoked and the plaintiff- respondent no.1 shall be free to initiate proceedings for execution. 2
6. Pending application(s), if any, shall stand disposed of.
(RASHMI DHYANI PANT) (SUDHIR KUMAR SHARMA)
ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)
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