Supreme Court - Daily Orders
R Subramanian vs The Hongkong And Shanghai Banking ... on 2 May, 2022
Bench: Sanjay Kishan Kaul, M.M. Sundresh
ITEM NO.2 COURT NO.6 SECTION XII
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
SPECIAL LEAVE PETITION (CIVIL) Diary No.13488/2020
(Arising out of impugned final judgment and order dated 15-02-2018
in OSA No.40/2018 passed by the High Court of Judicature at Madras)
R SUBRAMANIAN Petitioner(s)
VERSUS
THE HONGKONG AND SHANGHAI BANKING
CORPORATION LTD & ANR. Respondent(s)
(IA No.79546/2020-CONDONATION OF DELAY IN FILING
IA No.79549/2020-EXEMPTION FROM FILING AFFIDAVIT
IA No.79548/2020-PERMISSION TO APPEAR AND ARGUE IN PERSON )
Date : 02-05-2022 This petition was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE SANJAY KISHAN KAUL
HON'BLE MR. JUSTICE M.M. SUNDRESH
For Petitioner(s)
Petitioner-in-person
For Respondent(s)
UPON hearing the counsel the Court made the following
O R D E R
Delay condoned.
Applications seeking permission to appear and argue in person and exemption from filing affidavit are allowed.
In respect of the proceedings before the DRT, an adverse order was passed and the appeal is stated to be pending before the DRAT as submitted by the petitioner appearing in person. The challenge in the present proceeding led to two concurrent findings Signature Not Verified Digitally signed by RASHMI DHYANI Date: 2022.05.02 of Courts below where the petitioner sought to initiate independent 17:11:32 IST Reason:
proceedings for determination of the validity of the guarantees in 1 respect to the loan advanced.
In the conspectus of the matter we do believe that no separate proceedings are required to be entertained and the enforceability of a guarantee is something which would be examined in the proceedings before the DRAT.
The special leave petition is dismissed with the aforesaid observations.
Pending applications stand disposed of.
(RASHMI DHYANI) (POONAM VAID)
COURT MASTER COURT MASTER
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