Supreme Court - Daily Orders
M/S Dayal Fertilizers Pvt Ltd vs Sulphur Mills Limited on 3 August, 2021
Bench: A.M. Khanwilkar, Sanjiv Khanna
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IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (C) NO. 2222 OF 2019
M/S DAYAL FERTILIZERS
PVT LTD & ORS. Petitioner(s)
VERSUS
SULPHUR MILLS LIMITED & ANR. Respondent(s)
WITH
SPECIAL LEAVE PETITION(C) NO. 3095 OF 2021
O R D E R
Heard learned counsel for the parties. Considering the fact that suit bearing CS(Comm) No. 1225 of 2018 titled as "Sulphur Mills Limited vs. Dharmaj Crop Guard Limited & Anr." was instituted in prior point of time before the High Court of Delhi and involves similar or overlapping issues as in the subsequently instituted suit bearing CS (Comm) No. 410 of 2019 titled as "Sulphur Mills Limited vs. Dayal Fertilizers Pvt. Ltd. and Ors." before the High Court of Judicature at Madras, in the interest of justice, the later suit stands Signature Not Verified transferred to the High Court of Delhi, to be heard and Digitally signed by NEETU KHAJURIA Date: 2021.08.04 17:41:24 IST Reason: proceeded along with the above referred suit being CS (Comm) No. 1225 of 2018.
2We make it clear that the interim orders passed in the suit filed before the High Court of Judicature at Madras, including the decision of the Division Bench on the interim applications, would remain as it is in the transferred suit. Further, the interim application for urgent relief moved in CS(Comm) No. 410 of 2019 filed by the plaintiff be decided by the High Court of Delhi immediately after the suit proceedings stand transferred to that Court in terms of this order.
All contentions available to both sides in the transferred proceedings, including interim applications therein are kept open, to be decided on their own merits.
Defendant Nos. 1 to 3 in CS(Comm) No. 410 of 2019 had furnished a bank guarantee of Rs.50,00,000/- (Rupees Fifty Lakhs Only) each in favour of the Registrar, High Court of Judicature at Madras, which shall now be drawn on the Registrar, High Court of Delhi. That shall be the condition for transfer of proceedings to High Court of Delhi.
Needless to observe that this order is passed in the facts of the present case and shall not be relied upon in other proceedings initiated by the plaintiff (respondents 3 herein).
The Registrar (Judicial), High Court of judicature at Madras shall take steps to transfer the proceedings/papers of CS(Comm) No. 410 of 2019 to the High Court of Delhi within one week from the date of receipt of copy of this order and upon defendant Nos. 1 to 3 producing bank guarantee in favour of Registrar, High Court of Delhi; and submit compliance report in that behalf in the Registry of this Court.
The Transfer Petition is disposed of accordingly. In view of the above order, the companion special leave petition being SLP(C) No. 3095 of 2021 does not survive for consideration and the same stands disposed of.
Pending applications, if any, stand disposed of.
…...................J (A.M. KHANWILKAR) …...................J (SANJIV KHANNA) New Delhi;
August 03, 2021.
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ITEM NO.10 Court 4 (Video Conferencing) SECTION XVI-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Transfer Petition(s)(Civil) No(s).2222/2019 M/S DAYAL FERTILIZERS PVT LTD & ORS. Petitioner(s) VERSUS SULPHUR MILLS LIMITED & ANR. Respondent(s) IA No. 138353/2019 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES IA No. 137197/2019 - STAY APPLICATION) WITH SLP(C) No. 3095/2021 (XII) IA No. 25256/2021 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Date : 03-08-2021 This matter was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE MR. JUSTICE SANJIV KHANNA For Petitioner(s) Mr. Akhil Sibal, Sr. Adv.
Mr. S.K. Bansal, Adv.
Mr. Ajay Amitabh Suman, Adv. Ms. S. Janani, AOR Mr. Chandra Prakash, AOR For Respondent(s) Mr. Chander Uday Singh, Sr. Adv.
Mr. Mohit Goel, Adv.
Ms. Ruchira Gupta, Adv.
Mr. Sidhant Goel, Adv.
Mr. Deepankar Mishara, Adv. Mr. Anurag Sharma, Adv.
Mr. Aditya Goel, Adv.
Mr. Karmanya Dev Sharma, Adv. Ms. Ila Sheel, Adv.
Ms. Smriti Varma, Adv.
Mr. Raghav Sharma, Adv.
Ms. Miali Gupta, Adv.
Mr. Salvador Santosh Rebello, AOR 5 UPON hearing the counsel the Court made the following O R D E R The Transfer Petition and Special Leave Petition are disposed of in terms of the signed order.
Pending applications, if any, stand disposed of.
(DEEPAK SINGH) (VIDYA NEGI) COURT MASTER (SH) COURT MASTER (NSH)
[Signed order is placed on the file]