Supreme Court - Daily Orders
M/S. Al-Can Export Pvt. Ltd. vs Prestige H.M. Polycontainers Ltd. And ... on 16 August, 2018
Bench: Kurian Joseph, Sanjay Kishan Kaul
ITEM NO.10 COURT NO.4 SECTION IX
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). 29334/2016
(Arising out of impugned final judgment and order dated 09-12-2015
in WP No. 415/2011 passed by the High Court Of Judicature At
Bombay)
M/S. AL-CAN EXPORT PVT. LTD. Petitioner(s)
VERSUS
PRESTIGE H.M. POLYCONTAINERS LTD. AND ORS. Respondent(s)
(IA No.137854/2017-PERMISSION TO FILE ADDITIONAL DOCUMENTS and IA No.137857/2017-EXEMPTION FROM FILING O.T.) WITH SLP(C) No. 29335/2016 (IX) Date : 16-08-2018 These petitions were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE KURIAN JOSEPH HON'BLE MR. JUSTICE SANJAY KISHAN KAUL For Petitioner(s) Mr. Abhay Kumar, AOR Mr. Janak R. Shah,Adv.
Mr. Saurabh Mishra,Adv.
Mr. Vineet Kr. Singh,Adv.
Mr. Manish Khandelwal,Adv.
Mr. Himanshu Pal Singh,Adv.
For Respondent(s) Ms. Nisha Bagchi,Adv.
Ms. Shirin Khajuria,Adv.
Ms. Pooja Sharma,Adv.
Mr. B. Krishna Prasad, AOR Mr. Nishant Ramakantrao Katneshwarkar, AOR Mr. Rohit Gupta,Adv.
Ms. Amrita Narayan,Adv.
Mr. Bharat Vinod Sharma, AOR Signature Not Verified Digitally signed by NARENDRA PRASAD Date: 2018.08.18 UPON hearing the counsel the Court made the following 12:58:36 IST Reason: O R D E R During the course of hearing it has come out that there are 1 other proceedings in respect of the subject matter pending before the DRT-I, Mumbai. We are also informed that there were other properties mortgaged with the financial institutions. We direct the respondent to file an affidavit as to what is the stage of the proceedings before the DRT and what is the action taken against the remaining properties mortgaged to them. Since the proceedings have been pending for around 16 years, we direct the DRT to dispose of O.A. No.168/2002 expeditiously and in any case within six months. We make it clear that we have not otherwise expressed any opinion on the merits of the matter and it will be open to the parties to take all available contentions before the DRT. Post after six months.
There will be stay of further proceedings pursuant to the order dated 18.06.2010 passed by the Additional Divisional Commissioner, Konkan Division, Mumbai. Status quo, as on today, with regard to the possession of the property in dispute shall continue to operate until further orders.
(NARENDRA PRASAD) (RENU DIWAN)
COURT MASTER ASSISTANT REGISTRAR
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