Supreme Court - Daily Orders
M/S.Krishna Sai Builders & Dev. vs State Of Maharashtra &Amp Anr. on 21 April, 2015
Bench: Ranjan Gogoi, N.V. Ramana
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IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 699 OF 2015
(@ SPECIAL LEAVE PETITION (CRL.) NO. 4258 OF 2014)
M/S.KRISHNA SAI BUILDERS & DEV. & ORS. ...APPELLANT(S)
VERSUS
STATE OF MAHARASHTRA & ANR. ….RESPONDENT(S)
O R D E R
Leave granted.
The High Court in the Writ Petition before it was considering the orders passed by the MPID Court under the provisions of the Maharashtra Protection of Interest of Depositors (In Financial Establishments) Act. The MPID Court had vacated the attachment of the land but had refused to order transfer of mutation on the ground that it had no power to do so. The High Court, by the impugned order, had reversed the said order of the MPID Court and had issued directions for mutation of the land in the name of the second respondent.
The directions with regard to mutation in respect of land admeasuring 4194 square meters, Signature Not Verified Digitally signed by Madhu Bala Date: 2015.04.25 10:58:09 IST Reason: situated at Survey No. 3, Hissa No. 7 B at Village Barave, Taluka: Kalyan District Thane, in our 2 considered view, was beyond the power of the High Court. The provisions of MPID Act are restricted in its application and the designated Court acting thereunder has the power either to confirm or vacate an order of attachment passed by the Competent Authority under the Act. Beyond the aforesaid, there is no further power vested in the designated Court. If this is the position under the Act in question, we do not see how the High Court could have issued the aforesaid direction. Consequently, we set aside the aforesaid direction with regard to transfer of mutation, as ordered by the High Court.
The appeal is allowed on the above terms.
…................J.
[RANJAN GOGOI]
NEW DELHI …................J.
21ST APRIL, 2015 [N.V. RAMANA]
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ITEM NO.20 COURT NO.8 SECTION IIA
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 (Crl.) No(s). 4258/2014
(Arising out of impugned final judgment and order dated 26/02/2014 in CRLWP No. 3/2014 passed by the High Court Of Bombay) M/S.KRISHNA SAI BUILDERS & DEV. & ORS. Petitioner(s) VERSUS STATE OF MAHARASHTRA & ANR. Respondent(s) (with appln. (s) for exemption from filing c/c of the impugned judgment and exemption from filing O.T. and permission to file additional documents and vacating stay and office report) Date : 21/04/2015 This petition was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE RANJAN GOGOI HON'BLE MR. JUSTICE N.V. RAMANA For Petitioner(s) Mr. V. Giri,Sr.Adv.
Mr. Santosh Paul,Adv. Ms. Arti Singh,Adv.
Mr.Arvind Gupta,Adv. Ms.Savita Singh,Adv. Mr.Malay,Adv.
For Respondent(s) Md.Shine,Adv.
Mr. Rituraj Choudhary,Adv. Mr. Mohit Kumar Shah,Adv.
Mr. Shankar Chillarge,Adv. Ms. Sonia Shankar Chillarge,Adv. Mr. Aniruddha P. Mayee,Adv.
UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeal is allowed in terms of the signed order.
(MADHU BALA) (ASHA SONI)
COURT MASTER COURT MASTER
(Signed order is placed on the file)