Supreme Court - Daily Orders
S. Ajay Kumar vs P. Sunil Kumar on 17 April, 2023
Bench: Surya Kant, J.K. Maheshwari
1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL No.2838 OF 2023
(Arising out of SLP(C)No.8016 of 2022)
S. AJAY KUMAR … APPELLANT
Versus
P. SUNIL KUMAR & ORS. … RESPONDENTS
O R D E R
1. Issue notice.
2. Mr. Naresh Kumar, learned counsel who appears on caveat
on behalf of Respondent Nos.1 to 10, accepts notice and waives
service of formal notice upon the said Respondents. It is not
necessary to serve Respondent No.11 at this stage. Service upon the
said Respondent is, accordingly, waived of.
3. Leave granted.
4. We have heard learned counsel appearing on behalf of the
Appellant as well as learned counsel appearing on behalf of
Respondent Nos.1 to 10 and carefully perused the material placed on
record.
5. In view of the fact that the loan liability has not been
disputed by Respondent Nos.1 to 10 and there being nothing on
record
Signature Not Verified
to substantiate their denial of loan liability, we are
Digitally signed by
satish kumar yadav
Date: 2023.04.19
satisfied that the learned XXV Addl. City Civil and Sessions Judge
18:09:37 IST
Reason:
at Bangalore City rightly passed the restrain/attachment order
2
dated 01.06.2021 in the pending Civil Suit. In order to protect the
interest of the Appellant, in whose favour there is a registered
Mortgage Deed and to avoid multiplicity of litigation as well as
creation of third party rights, the learned Trial Court rightly
directed Respondent Nos.1 to 10 to furnish security for Rs. 2
Crores within 2 months, failing which the schedule `C’ to `G’
properties were to be attached.
6. The High Court ought not to have interfered with such an
equitable and just order.
7. Consequently, the appeal is allowed, the impugned
judgment dated 11.02.2022, passed by the High Court of Karnataka at
Bengaluru, is set aside and that of the learned Trial Court dated
01.06.2021 is restored till the pendency of the suit.
.........................J.
(SURYA KANT)
..............…….........J.
(J.K. MAHESHWARI)
NEW DELHI;
APRIL 17, 2023.
3
ITEM NO.6 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).8016/2022
(Arising out of impugned final judgment and order dated 11-02-2022
in MFA No.3065/2021 passed by the High Court of Karnataka at
Bengaluru)
S. AJAY KUMAR Petitioner(s)
VERSUS
P. SUNIL KUMAR & ORS. Respondent(s)
(FOR ADMISSION and I.R.)
Date : 17-04-2023 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE SURYA KANT
HON'BLE MR. JUSTICE J.K. MAHESHWARI
For Petitioner(s) Mrs. Divya Sharma, Adv.
Mrs. Nupur Sharma, Adv.
Mr. Virendra Singh, Adv.
Mr. Harvinder Singh Mann, Adv.
Mr. P.Venkataramana, Adv.
Mr. Chandan Kumar Mandal, Adv.
Mrs. Shumaila Altaf, Adv.
Mr. Raj Kishor Choudhary, AOR
For Respondent(s) Mr. S.Nandakumar, Adv.
Ms. Deepika Nandakumar, Adv.
Mr. Anand Murthi Rao, Adv.
Mr. Rajeev Gupta, Adv.
Mr. Naresh Kumar, AOR
UPON hearing the counsel the Court made the following
O R D E R
1. Issue notice.
2. Mr. Naresh Kumar, learned counsel who appears on caveat on behalf of Respondent Nos.1 to 10, accepts notice and waives service of formal notice upon the said Respondents. It is not necessary to serve Respondent No.11 at this stage. Service upon the said Respondent is, accordingly, waived of.
43. Leave granted.
4. The appeal is allowed in terms of the signed order.
(SATISH KUMAR YADAV) (PREETHI T.C.) DEPUTY REGISTRAR COURT MASTER (NSH) (Signed order is placed on the file)