Supreme Court - Daily Orders
Sanjeev Ramesh Khandelwal vs M/S Lakshmi Cements & Cer. Ind.Ltd on 26 July, 2016
Bench: Madan B. Lokur, R.K. Agrawal
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 7010 of 2016
[Special Leave Petition (C) No. 813 of 2014]
SANJEEV RAMESH KHANDELWAL & ORS Appellant(s)
VERSUS
M/S LAKSHMI CEMENTS & CER. IND.LTD& ORS Respondent(s)
O R D E R
Leave granted.
2. We have heard learned counsel for the parties and have perused the order passed by the High Court of Karnataka in MFA No.9614 of 2011.
3. The issue raised in this appeal is one of territorial jurisdiction. The trial court, in which the suit was instituted by the respondents, came to the conclusion that it had no territorial jurisdiction to entertain the suit.
4. The order of the trial court, which is a reasoned order, was set aside by the High Court without, in our opinion, any reason much less any cogent reason.
5. Under the circumstances, we have no option but to set aside the order of the High Court and remand the matter to the High Court for an expeditious decision. Signature Not Verified Digitally signed by SANJAY KUMAR Date: 2016.07.27 16:21:30 IST Reason: 1
6. The appeal is allowed. No order as to costs.
7. All contentions are left open to both the parties.
…....................J. [Madan B. Lokur] …....................J. [R.K. Agrawal] NEW DELHI;
JULY 26, 2016.
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ITEM NO.15 COURT NO.7 SECTION IVA
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). 813/2014
(Arising out of impugned final judgment and order dated 25/09/2013 in MFA No. 9614/2011 passed by the High Court of Karnataka at Bangalore) SANJEEV RAMESH KHANDELWAL & ORS Petitioner(s) VERSUS M/S LAKSHMI CEMENTS & CER. IND.LTD& ORS Respondent(s) (With interim relief and office report) (For final disposal) Date : 26/07/2016 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE MADAN B. LOKUR HON'BLE MR. JUSTICE R.K. AGRAWAL For Petitioner(s) Mr. Shyam Divan, Sr. Adv.
Ms. Shyel Trehan, Adv.
Ms. Himanie Katoch, Adv.
Mr. Nikhil R. Kapoor, Adv.
Ms. Liz Mathew,Adv.
Mr. V. K. Verma,Adv.
For Respondent(s) Mr. P. Vishwanath Shetty, Sr. Adv.
Mr. Joseph Pookkatti, Adv.
Mr. Prashant Kumar, Adv.
Mr. Dhawesh Pahiya, Adv.
For M/s. A P & J Chambers
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.
(Meenakshi Kohli) (Jaswinder Kaur) Court Master Court Master
[Signed order is placed on the file] 3