Supreme Court - Daily Orders
M/S. Khaja Industries vs State Of Maharashtra on 12 February, 2014
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 5680 OF 2009
M/S. KHAJA INDUSTRIES Appellant (s)
VERSUS
STATE OF MAHARASHTRA & ANR. Respondent(s)
ORDER
Learned counsel for the appellant submits that the disputes between the parties have been amicably settled and therefore he has instructions to make a prayer for withdrawal of the appeal.
Learned counsel appearing for the applicant in I.A. Nos. 7 & 8 seeking intervention, has also made a request for withdrawal of these I.As.
Accordingly, the civil appeal and I.A.Nos. 7 & 8 stand dismissed as withdrawn.
................................J. (SURINDER SINGH NIJJAR) ................................J. (A.K. SIKRI) NEW DELHI, FEBRUARY 12, 2014 ITEM NO.103 COURT NO.8 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS CIVIL APPEAL NO(s). 5680 OF 2009 M/S. KHAJA INDUSTRIES Appellant (s) VERSUS STATE OF MAHARASHTRA & ANR. Respondent(s) (With Appl.(s) for vacating interim relief and with Prayer for Interim Relief and office report) WITH W.P(C)No.251/2011 (With Appl.(s) for stay, modification/recalling of Court’s order and with office report) W.P(C)No.252/2011 (With Appl.(s) for stay and with office report) W.P(C)No.293/2011 (With Appl.(s) for stay and with office report) W.P(C)No.306/2011 (With Appl.(s) for stay and with office report), W.P(C)No.338/2011 (With Appl.(s) for stay and with office report), W.P(C)No.378/2011 (With Appl.(s) for stay and with office report), W.P(C)No.375/2011 (With Appl.(s) for stay and with office report), W.P(C)No.484/2011 (With Appl.(s) for stay and with office report), W.P(C)No.529/2011 (With Appl.(s) for stay and with office report), W.P(C)No.531/2011 (With Appl.(s) for stay and with office report), W.P(C)No.5/2012 (With Appl.(s) for stay and with office report), W.P(C)No.48/2012 (With Appl.(s) for stay and with office report), W.P(C)No.97/2012 (With Appl.(s) for stay and with office report), W.P(C)No.103/2012 (With Appl.(s) for stay and with office report), W.P(C)No.111/2012 (With Appl.(s) for stay and with office report), W.P(C)No.123/2012 (With Appl.(s) for stay and with office report), W.P(C)No.122/2012 (With Appl.(s) for stay and with office report), W.P(C)No.136/2012 (With Appl.(s) for stay and directions and with office report), W.P(C)No.199/2012 (With Appl.(s) for stay and with office report), W.P(C)No.248/2012 (With Appl.(s) for stay and with office report), W.P(C)No.249/2012 (With Appl.(s) for stay and with office report), W.P(C)No.250/2012 (With Appl.(s) for stay and with office report), W.P(C)No.271/2012 (With Appl.(s) for stay and directions and with office report), W.P(C)No.291/2012 (With Appl.(s) for ex-Parte stay and with office report), W.P(C)No.293/2012 (With Appl.(s) for ex-Parte stay and with office report), SLP(C)No.18732-18733/2012 (With Prayer for Interim Relief and Office Report), W.P(C)No.386/2012 (With Appl.(s) for stay and with office report), W.P(C)No.369/2012 (With Appl.(s) for stay and with office report), W.P(C)No.371/2012 (With Appl.(s) for ex-Parte stay and with office report), W.P(C)No.418/2012 (With Appl.(s) for stay, withdrawal of writ petition and with office report), W.P(C)No.460/2012 (With Appl.(s) for stay and with office report), W.P(C)No.461/2012 (With Appl.(s) for stay and with office report), SLP(C)No.24276/2012 (With Prayer for Interim Relief and Office Report), W.P(C)No.490/2012 (With Appl.(s) for stay and vacating stay and with office report), W.P(C)No.554/2012 (With Appl.(s) for stay and with office report), W.P(C)No.521/2012 (With Appl.(s) for stay, vacating stay and with office report), W.P(C)No.537/2012 (With Appl.(s) for stay and permission to file additional documents and with office report), W.P(C)No.557/2012 (With Appl.(s) for stay and directions and with office report), W.P(C)No.7/2013 (With Appl.(s) for stay and with office report), W.P(C)No.6/2013 (With Appl.(s) for stay and vacating stay and with office report), W.P(C)No.36/2013 (With Appl.(s) for stay and with office report), W.P(C)No.37/2013 (With Appl.(s) for stay and with office report), W.P(C)No.51/2013 (With Appl.(s) for clarification of court’s order and stay and with office report), W.P(C)No.52/2013 (With Appl.(s) for stay and clarification of court’s order and with office report), W.P(C)No.58/2013 (With Appl.(s) for stay and clarification of court’s order and with office report), W.P(C)No.91/2013 (With Appl.(s) for stay and dismissing the W.P. as infructuous and with office report), W.P(C)No.111/2013 (With Appl.(s) for stay and with office report), W.P(C)No.112/2013 (With Appl.(s) for stay and with office report), W.P(C)No.138/2013 (With Appl.(s) for stay and with office report), W.P(C)No.308/2011 (With Appl.(s) for stay and with office report), SLP(C)No.7295-7298/2011 (With Office Report), C.A.No.5681/2009 (With Office Report), C.A.No.5682/2009 (With Prayer for Interim Relief and Office Report), C.A.No.5683/2009 (With Appl.(s) for vacating interim relief and with Prayer for Interim Relief and Office Report), C.A.No.5674/2009 (With Prayer for Interim Relief and Office Report), C.A.No.5675/2009 (With Prayer for Interim Relief and Office Report), C.A.No.5684/2009 (With Appl.(s) for directions and with Prayer for Interim Relief), SLP(C)No.25929/2009 (With Prayer for Interim Relief and Office Report), SLP(C)No.25930/2009 (With Prayer for Interim Relief and Office Report), C.A.No.1468/2010 (With applns. for vacating stay and exemption from filing O.T.) C.A.No.4391/2010 (With Appl.(s) for permission to file counter affidavit and with office report), C.A.No.7410/2010 W.P(C)No.318/2010 (With Appl.(s) for stay and with office report), SLP(C)No.17365/2010 (With appln. for withdrawal of SLP, directions and Prayer for Interim Relief), SLP(C)No.24309/2010 W.P(C)No.40/2011 (With Appl.(s) for stay and with office report), W.P(C)No.41/2011 (With Appl.(s) for stay and with office report), W.P(C)No.61/2011 (With Appl.(s) for directions and permission to file counter affidavit and stay and with office report), W.P(C)No.108/2011 (With Appl.(s) for stay and with office report), C.A.No.2440/2011 (With Appl.(s) for stay and directions and permission to file additional documents and vacating stay and with office report), W.P(C)No.233/2011 (With Appl.(s) for stay and directions and with office report), W.P(C)No.254/2011 (With Appl.(s) for stay and directions and with office report), W.P(C)No.220/2011 (With Appl.(s) for stay and with office report), W.P(C)No.191/2013 (With Appl.(s) for stay, vacation of ex-parte stay and with office report), W.P(C)No.192/2013 (With Appl.(s) for stay and with office report), SLP(C)No.29859/2010 (With Appl.(s) for withdrawal and leave to place on record the subsequent developments and with Prayer for Interim Relief and Office Report), W.P(C)No.201/2013 (With Appl.(s) for stay and with office report), SLP(C)No.12916/2013 (With Prayer for Interim Relief and Office Report), W.P(C)No.367/2011 (With Appl.(s) for directions and interim directions and directions and with office report), W.P(C)No.146/2013 (With Appl.(s) for stay and with office report), W.P(C)No.151/2013 (With Appl.(s) for stay and with office report), W.P(C)No.175/2013 (With Appl.(s) for stay and with office report), W.P(C)No.181/2013 (With Appl.(s) for stay and with office report), W.P(C)No.186/2013 (With Appl.(s) for stay and with office report), W.P(C)No.179/2013 (With Appl.(s) for stay and with office report), SLP(C)No.17054/2013 (With Prayer for Interim Relief and Office Report), SLP(C)No.15634-15635/2013 (With Appl.(s) for c/delay in filing SLP and with office report), W.P(C)No.233/2013 (With Appl.(s) for stay and with office report), W.P(C)No.236/2013 (With Appl.(s) for stay and with office report), W.P(C)No.238/2013 (With Appl.(s) for stay and with office report), SLP(C)No.16149/2013 (With Prayer for Interim Relief and Office Report), W.P(C)No.250/2013 (With Appl.(s) for stay and with office report), W.P(C)No.248/2013 (With Appl.(s) for stay and with office report), W.P(C)No.253/2013 (With Appl.(s) for stay and vacating stay and with office report), W.P(C)No.279/2013 (With Appl.(s) for stay and with office report), W.P(C)No.284/2013 (With Appl.(s) for stay and with office report), W.P(C)No.285/2013 (With Appl.(s) for stay and with office report), SLP(C)No.18775/2013 (With Prayer for Interim Relief and Office Report), SLP(C)No.18777/2013 (With Prayer for Interim Relief and Office Report), W.P(C)No.264/2013 (With Appl.(s) for stay and with office report), W.P(C)No.265/2013 (With Appl.(s) for stay and with office report), W.P(C)No.266/2013 (With Appl.(s) for stay and with office report), W.P(C)No.270/2013 (With Appl.(s) for stay and with office report), W.P(C)No.271/2013 (With Appl.(s) for stay and with office report), W.P(C)No.280/2013 (With Appl.(s) for stay and with office report), W.P(C)No.269/2011 (With Appl.(s) for stay, vacating stay and with office report), W.P(C)No.353/2013 (With Appl.(s) for stay and with office report), W.P(C)No.452/2013 (With Appl.(s) for stay and with office report), W.P(C)No.411/2011 (With Appl.(s) for stay and with office report), W.P(C)No.469/2013 (With Office Report), W.P(C)No.588/2013 (With Appl.(s) for stay and with office report), SLP(C)No.22304-22305/2011 (With Appl.(s) for exemption from filing c/c of the impugned Judgment and with office report), SLP(C)No.21260/2011 (With Appl.(s) for modification of Court’s Order and interim Relief and with Prayer for Interim Relief and Office Report), SLP(C)No.24479-24480/2011 (With Prayer for Interim Relief and Office Report), SLP(C)No.30568/2012 (With Prayer for Interim Relief and Office Report) SLP(C)No.25126/2013 (With Prayer for Interim Relief), W.P(C)No.753/2013 With Appl.(s) for stay and with office report), W.P(C)No.758/2013 (With Appl.(s) for stay and with office report), W.P(C)No.761/2013 (With Appl.(s) for stay and with office report), W.P(C)No.762/2013 (With Appl.(s) for stay and with office report), W.P(C)No.800/2013 (With Appl.(s) for directions and with office report), SLP(C)No.28507/2013 (With Appl.(s) for c/delay in filing SLP and impleadment and Amendment of Cause Title and deletion of the name of respondent and vacating stay and with office report), SLP(C)No.28508/2013 (With Appl.(s) for impleadment and Amendment of Cause Title and with office report), SLP(C)No.28509/2013 (With Appl.(s) for c/delay in filing SLP and Amendment of Cause Title and deletion of the name of respondent and vacating stay and with office report), SLP(C)No.15507/2013, CONMT.PET(C)No.320/2013 In SLP(C)No.15507/2013, W.P(C)No.819/2013 (With Appl.(s) for stay), W.P(C)No.877/2013 (With Appl.(s) for directions and with office report), W.P(C)No.868/2013 (With Appl.(s) for interim directions and directions), SLP(C)No.29720/2013 (With Office Report), SLP(C)No.29721/2013 (With Office Report), SLP(C)No.35137/2013 (With Prayer for Interim Relief and Office Report), W.P(C)No.1007/2013 (With Appl.(s) for stay and with office report), W.P(C)No.996/2013 (With Appl.(s) for stay, vacating interim order and office report), W.P(C)No.1000/2013 (With Appl.(s) for stay and vacating interim order and with office report), W.P(C)No.1002/2013 (With Appl.(s) for stay and vacating interim order and with office report), W.P(C)No.1004/2013 (With Appl.(s) for stay and vacating interim order and with office report), W.P(C)No.1037/2013 (With Appl.(s) for stay and with office report), W.P(C)No.1043/2013 (With Appl.(s) for stay and with office report), W.P(C)No.1044/2013 (With Appl.(s) for stay and with office report), W.P(C)No.1045/2013 (With Appl.(s) for stay and with office report), SLP(C)No.37897/2013 (With Prayer for Interim Relief and Office Report), SLP(C)No.37965/2013 (With Prayer for Interim Relief and Office Report), W.P(C)No.33/2014 (With Appl.(s) for stay and with office report), W.P(C)No.5/2014 (With Appl.(s) for stay and with office report), W.P(C)No.10/2014 (With Appl.(s) for stay and with office report), W.P(C)No.40/2014, SLP(C)No.13100/2013 (With Appl.(s) for vacating interim relief and modification of Court’s Order and with Prayer for Interim Relief and Office Report), W.P(C)No.487/2012 (With Appl.(s) for stay and with office report) Date: 12/02/2014 These matters were called on for hearing today. CORAM :
HON’BLE MR. JUSTICE SURINDER SINGH NIJJAR HON’BLE MR. JUSTICE A.K. SIKRI For the parties: Mr. R.K. Khanna, ASG Mr. K. Radhakrishnan, Sr. Adv. Ms. V. Mohana, Adv.
Ms. Seema Rao, Adv.
Mr. Basant R., Sr. Adv.
Mr. C.K. Sasi, Adv.
Mr. Krishnan Venugopal, Sr. Adv. Mr. Lalit Bhasin, Adv.
Ms. Nina Gupta, Adv.
Mr. Mudit Sharma, Adv.
Mr. P.V. Yogeswaran, Adv. Mr. Shekhar Naphade, Sr. Adv. Mrs. J.S. Wad, Adv.
Mr. Ashish Wad, Adv. for M/S J.S. Wad & Co., Advs.
Mr. Jaideep Gupta, Sr. Adv. Mr. H.S. Parihar, Adv.
Mr. K.S. Parihar, Adv.
Mr. P.I. Jose, Adv.
Mr. Alok K. Prasad, Adv.
Mr. Vishwanath Bahuguna, Adv. Mr. Manish Pitale, Adv.
Mr. Wasi Haider, Adv.
Mr. Karan Kumar Gogna, Adv. for M/S COAC, Advs.
Ms. Subadha, Adv.
Mr. Lakshmi Narayanan, Adv. Mr. Senthil Jagadeesan, Adv. Mr. Rajeev M. Roy, Adv.
Mr. Shankar Chillarge, Adv. Mr. A.P. Mayee, Adv.
Mr. Pratap Venugopal, Adv. Ms. Meenakshi Chauhan, Adv. Mr. Gaurav Nair, Adv.
Mr. Anuj Sarma, Adv. for M/S K.J. John & Co., Advs. Mr. S.K. Kulkarni, Adv.
Mr. M. Gireesh Kumar, Adv. Mr. Ankur S. Kulkarni, Adv. Mr. N.D.B. Raju, Adv.
Mrs. Bharathi Raju, Adv. Mr. N. Ganpathy, Adv.
Mr. Jayanth Muthraj, Adv. Mrs. Malavika J., Adv.
Mr. Sureshan P., Adv.
Mr. D. Bharat Kumar, Adv. Mr. Sayooj Mohandas M., Adv. Mr. Abhijit Sengupta, Adv. Mr. Satyajeet Desai, Adv. Mr. S. Kumar, Adv.
Ms. Anagha S. Desai, Adv. Mr. M.T. George, Adv.
Ms. Kavitha K.T., Adv.
Mr. Chirag M. Shroff, Adv. Ms. Priyanka Rai, Adv.
Mr. Sudhanshu S.Choudhari, Adv. Dr. Kailash Chand, Adv.
Ms. Asha Gopalan Nair, Adv. Ms. Kaveeta Wadia, Adv.
Mr. A.Venayagam Balan, Adv. Ms. S. Janani, Adv.
Ms. Sumita Hazarika, Adv. Mr. Anil Kumar, Adv.
Mr. Shreekant N. Terdal, Adv. Mr. Vijay Kumar, Adv.
Mr. Shivaji M. Jadhav, Adv. Ms. S. Usha Reddy, Adv.
Mr. Sureshan P., Adv.
Ms. Abha R. Sharma, Adv.
Mr. Satpal Singh, Adv.
Ms. Praveena Gautam, Adv. Ms. Sujata Kurdukar. Adv. Mr. Jatin Zaveri, Adv.
Mr. Jay Savla, Adv.
Ms. Sushma Suri, Adv.
Mr. Bankey Bihari Sharma, Adv. Mr. Anil Kumar Mishra, Adv. Mr. Lakshmi Raman Singh, Adv. Mr. Gaurav Agrawal, Adv. Mr. Irshad Ahmad, Adv.
Mr. Arjun Krishnan, Adv. Mr. Harish Pandey, Adv.
Mr. Piyush Sharma, Adv.
Mr. Sarad Kumar Singhania, Adv. Mr. P.S. Sudheer, Adv.
MR. ABHIJIT SENGUPTA, ADV. MR. RAJESH MAHALE, ADV.
MR. H. CHANDRA SEKHAR, ADV. MS. N.ANNAPOORANI, ADV. MR. UDAY B.DUBE, ADV.
MR.SUNIL KUMAR VERMA, ADV. MR. NIKHIL NAYYAR, ADV.
MS. CHANDAN RAMAMURTHI, ADV. MR. RAMESHWAR PRASAD GOYAL, ADV. MR. ASHOK MATHUR, ADV.
MR. JAYANT KUMAR MEHTA, ADV. MR. NIRAJ SHARMA, ADV.
MR. K.L. TANEJA, ADV.
MR. M.T. GEORGE, ADV.
MR. NAVIN PRAKASH, ADV.
MS. CHARU MATHUR, ADV.
MR. VISHWAJIT SINGH, ADV. MR. TAPESH KUMAR SINGH, ADV. MR. RAJIV MAHESHWARANAND ROY, ADV. MS. PRAGYA BAGHEL, ADV.
MR. MUKUL KUMAR, ADV.
MR. P.K. MANOHAR, ADV.
MR. C.K. SASI, ADV.
MR. D.M. NARGOLKAR, ADV. MR. E.C. AGRAWALA, ADV.
MR. ANKUR S. KULKARNI, ADV. MR. ABHINAV MUKERJI, ADV. MR. B. SUBRAHMANYA PRASAD, ADV. MR. GARVESH KABRA, ADV.
MR. P.I. JOSE, ADV.
MR. YASH PAL DHINGRA, ADV. MR. M.J. PAUL, ADV.
MR. NIKHIL GOEL, ADV.
MR. ABHIJAT P. MEDH, ADV. MR. S. RAVI SHANKAR, ADV. MR. V.N. RAGHUPATHY, ADV.
MR. M.Y. DESHMUKH, ADV.
MR. RABIN MAJUMDER, ADV. M/S. TEMPLE LAW FIRM, ADVS. MS. HEMANTIKA WAHI, ADV. MS. GARIMA PRASHAD, ADV. MR. NIRNIMESH DUBE, ADV. MR.SHISHIR DESHPANDE, ADV. MR. RAJIV SHANKAR DVIVEDI, ADV.
MR. MANOJ K.MISHRA, ADV. MR. SANJAY JAIN, ADV.
MR. RAVINDRA KESHAVRAO ADSURE, ADV. MR. S.N. BHAT, ADV.
MR. DEEPTAKIRTI VERMA, ADV. MS. A. SUMATHI, ADV.
MR. SUDHANSHU S.CHOUDHARI, ADV. MR. CHANDER SHEKHAR ASHRI, ADV. MR. ASHOK K. MAHAJAN, ADV. MR. RAKESH K. SHARMA, ADV. M/S. DUA ASSOCIATES, ADVS. MR. MOHIT KUMAR SHAH, ADV. MR. D.S. MAHRA, ADV.
UPON hearing counsel the Court made the following O R D E R SLP(C) No. 17365 of 2010 Learned counsel for the petitioners submits that an MoU dated 26th August, 2013 has been entered into between the parties and he prays that the petitioner be permitted to withdraw this special leave petition. Permission prayed for is granted.
The special leave petition stands dismissed as withdrawn. Civil Appeal No. 5680 of 2009 Learned counsel for the appellant submits that the disputes between the parties have been amicably settled and therefore he has instructions to make a prayer for withdrawal of the appeal.
Learned counsel appearing for the applicant in I.A. Nos. 7 & 8 seeking intervention, has also made a request for withdrawal of these I.As.
Accordingly, the civil appeal and I.A.Nos. 7 & 8 stand dismissed as withdrawn.
IN REST OF THE MATTERS At the request made by learned counsel appearing for the Indian Banks Association, Reserve Bank of India and Union of India, it is made clear that though we have permitted Civil Appeal No. 5680 of 2009 to be withdrawn, the withdrawal of this civil appeal will not prevent the Indian Banks Association from intervening in the other connected matters. As and when the other connected matters are taken up for hearing, the Indian Banks Association will be heard as an intervenor.
It is also made clear that all the pleadings in the aforesaid Civil Appeal No. 5680 of 2009 shall form part of record in other connected matters and all the counsel appearing in those connected matters are at liberty to make reference to those pleadings in their respective cases.
List all these cases on Wednesday, the 19th February, 2014 along with the record of Civil Appeal No. 5680 of 2009.
(G. SUDHAKARA RAO) (INDU BALA KAPUR)
COURT MASTER COURT MASTER
(SIGNED ORDER IN C.A.NO. 5680 OF 2009 IS PLACED ON THE FILE)