Supreme Court - Daily Orders
Icici Bank Ltd. vs Umakanta Mohapatra on 5 October, 2018
Bench: Rohinton Fali Nariman, Navin Sinha
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL Nos. 1024310250 OF 2018
(ARISING OUT OF SPECIAL LEAVE TO APPEAL (C) NOs. 91459152 OF 2014)
ICICI BANK LTD. ETC.ETC. ... Appellant(s)
Versus
UMAKANTA MOHAPATRA ETC.ETC.
... Respondent(s)
WITH
CIVIL APPEAL Nos. 1025110265 OF 2018 @ SLP (C) NOs. 1675816772 OF
2015
O R D E R
Delay condoned.
Leave granted.
Despite several judgments of this Court, including a judgment
by Hon’ble Mr. Justice Navin Sinha, as recently as on 30.01.2018,
in Authorized Officer, State Bank of Travancore and Anr. vs. Mathew
K.C., (2018) 3 SCC 85, the High Courts continue to entertain
matters which arise under the Securitisation and Reconstruction of
Financial Assets and Enforcement of Security Interest Act, 2002
(SARFAESI), and keep granting interim orders in favour of persons
who are Non-Performing Assets (NPAs).
Signature Not Verified
Digitally signed by R
The writ petition itself was not maintainable, as a result of
NATARAJAN
Date: 2018.10.10
13:37:45 IST
which, in view of our recent judgment, which has followed earlier
Reason:
judgments of this Court, held as follows:-
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“18. We cannot help but disapprove the approach of the High
Court for reasons already noticed in Dwarikesh Sugar
Industries Ltd. vs. Prem Heavy Engineering Works (P) Ltd.
and Another, (1997) 6 SCC 450, observing:-
“32. When a position, in law, is well
settled as a result of judicial pronouncement
of this Court, it would amount to judicial
impropriety to say the least, for the
subordinate courts including the High Courts to
ignore the settled decisions and then to pass a
judicial order which is clearly contrary to the
settled legal position. Such judicial
adventurism cannot be permitted and we strongly
deprecate the tendency of the subordinate
courts in not applying the settled principles
and in passing whimsical orders which
necessarily has the effect of granting wrongful
and unwarranted relief to one of the parties.
It is time that this tendency stops.””
The writ petition, in this case, being not maintainable,
obviously, all orders passed must perish, including the impugned
order, which is set aside.
The appeals are allowed in the aforesaid terms.
Pending applications, if any, shall stand disposed of.
......................J.
(ROHINTON FALI NARIMAN)
......................J.
(NAVIN SINHA)
New Delhi,
Dated: October 5, 2018.
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ITEM NO.49 COURT NO.8 SECTION XI-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). 9145-9152/2014
(Arising out of impugned final judgment and order dated 03-02-2014
in WP No. 5890/2012 03-02-2014 in WP No. 24567/2012 03-02-2014 in
WP No. 16145/2012 03-02-2014 in WP No. 18460/2013 03-02-2014 in WP
No. 21549/2013 10-02-2014 in WP No. 15177/2011 10-02-2014 in WP No.
1060/2013 10-02-2014 in WP No. 2828/2013 passed by the High Court
Of Orissa At Cuttack)
ICICI BANK LTD. Etc. Etc. Petitioner(s)
VERSUS
UMAKANTA MOHAPATRA Etc. Etc. Respondent(s)
WITH
SLP(C) No. 16758-16772/2015 (XI-A)
Date : 05-10-2018 These petitions were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN
HON'BLE MR. JUSTICE NAVIN SINHA
For Petitioner(s) Mr. E.R. Kumar, Adv.
Ms. Tanya Chaudhry, Adv.
M/s. Parekh & Co., AOR
For Respondent(s) Mr. Kedar Nath Tripathy, Adv.
Mr. Ramendra Mohan Patnaik, AOR
Mr. Ashok Panigrahi, AOR
Mr. Vinay Ratnakar, Adv.
Mr. S.K. Patri, Adv.
Mr. T. Samantray, Adv.
Ms. Baby Devi Bonia, Adv.
Mr. S.K. Rajora, Adv.
Dr. V. P. Appan, AOR
Mr. Narender S. Sangwan, Adv.
Mr. D. Bharat Kumar, Adv.
Mr. Tadimalla Bhaskar Gowtham, Adv.
Mr. Aman Shukla, Adv.
Mr. Vishal Arun, AOR
Mr. T. Mahipal, AOR
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Mr. Prakash Ranjan Nayak, AOR
UPON hearing the counsel the Court made the following
O R D E R
Delay condoned.
Leave granted.
The appeals are allowed in terms of the signed order. Pending applications, if any, shall stand disposed of. (MANAV SHARMA) (TAPAN KUMAR CHAKRABORTY) COURT MASTER (SH) BRANCH OFFICER (Signed order is placed on the file.)