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Documents citing Shyam Sel And Power Limited vs Shyam Steel Industries Limited on 14 March, 2022

Arrena Overseas Private Limited vs Batra Art Press on 10 October, 2023

We are unable to accept that the decision of the Supreme Court in Shyam Sel and Power Limited & Anr. v. Shyam Steel Industries Ltd.5 is of any assistance to the appellant in this case. The question whether an appeal would lie against an order, which was not covered under Order XLIII of the CPC in view of the provisions of Section 13 of the Commercial Courts Act which was neither the subject matter of debate before the Supreme Court nor the decision rendered by the Court.
Delhi High Court Cites 17 - Cited by 0 - V Bakhru - Full Document

Atomberg Technologies Private Limited vs Luker Electric Technologies Private ... on 25 July, 2025

30. This Court in Shyam Sel & Power Ltd. v. Shyam Steel Industries Ltd. reported in (2023) 1 SCC 634 observed that the hierarchy of the trial court and the appellate court exists so that the trial court exercises its discretion upon the settled principles of law. An appellate court, after the findings of the trial court are recorded, has an advantage of appreciating the view taken by the trial judge and examining the correctness or otherwise thereof within the limited area available. It further observed that if the appellate court itself decides the matters required to be decided by the trial court, there would be no necessity to have the hierarchy of courts.
Bombay High Court Cites 38 - Cited by 0 - M S Karnik - Full Document

Atomberg Technologies Private Limited vs Luker Electric Technologies Private ... on 25 July, 2025

30. This Court in Shyam Sel & Power Ltd. v. Shyam Steel Industries Ltd. reported in (2023) 1 SCC 634 observed that the hierarchy of the trial court and the appellate court exists so that the trial court exercises its discretion upon the settled principles of law. An appellate court, after the findings of the trial court are recorded, has an advantage of appreciating the view taken by the trial judge and examining the correctness or otherwise thereof within the limited area available. It further observed that if the appellate court itself decides the matters required to be decided by the trial court, there would be no necessity to have the hierarchy of courts.
Bombay High Court Cites 38 - Cited by 0 - M S Karnik - Full Document

The Block Development Officer & Anr vs Surajit Pramanik & Ors on 10 April, 2024

21. First let us take up the point of maintainability of the appeal. Although various judgments have been cited by learned Advocates for the parties, we do not deem it necessary to discuss those judgments at any length. What Shah Babulal Khimji v. Jayaben d. Kania & Anr.,(Supra) and Shyam Sel & Power Limited & Anr. v. Shyam Steel Industries Limited, (Supra) decide is that if any right of any of the parties to a lis is finally decided by an order of a Single Bench of the High Court, the same would amount to a judgment within the meaning of Clause 15 of the Letters Patent and an intra Court appeal to the Division Bench would lie therefrom. Judgments may be preliminary, interlocutory or final.
Calcutta High Court (Appellete Side) Cites 42 - Cited by 0 - A Banerjee - Full Document

Kher Nagar Sai Prasad C.H.S. Ltd vs Pittie Antariksh Grl Pvt.Ltd on 25 April, 2025

30. This Court in Shyam Sel & Power Ltd. v. Shyam Steel Industries Ltd., (2023) 1 SCC 634 observed that the hierarchy of the trial court and the appellate court exists so that the trial court exercises its discretion upon the settled principles of law. An appellate court, after the findings of the trial court are recorded, has an advantage of appreciating the view taken by the trial judge and examining the correctness or otherwise thereof within the limited area available. It further observed that if the appellate court itself decides the matters required to be decided by the trial court, there would be no necessity to have the hierarchy of courts.
Bombay High Court Cites 19 - Cited by 0 - M S Karnik - Full Document

Atomberg Technologies Private Limited vs Luker Electric Technologies Private ... on 25 July, 2025

30. This Court in Shyam Sel & Power Ltd. v. Shyam Steel Industries Ltd. reported in (2023) 1 SCC 634 observed that the hierarchy of the trial court and the appellate court exists so that the trial court exercises its discretion upon the settled principles of law. An appellate court, after the findings of the trial court are recorded, has an advantage of appreciating the view taken by the trial judge and examining the correctness or otherwise thereof within the limited area available. It further observed that if the appellate court itself decides the matters required to be decided by the trial court, there would be no necessity to have the hierarchy of courts.
Bombay High Court Cites 38 - Cited by 0 - M S Karnik - Full Document

Popatji Chhogaji Mali vs Poonam Manharlal Bhagat on 3 May, 2023

35. Though the learned Judges of the Division Bench of the High Court have on more than one occasion referred to the judgment of this Court in Wander Ltd. (supra), they have not even, for namesake, observed as to how the discretion exercised by the learned Single Judge was exercised arbitrarily, capriciously or perversely. In our view, having waited for 8-9 months after the learned Single Judge had passed the order, all that ought to have been done by the learned Judges of the Division Bench of the High Court was to request the learned Single Judge to decide the application for ad-interim injunction, which in fact, the learned Single Judge had scheduled to do after three weeks from 2nd April 2019. In our view, it was not even necessary for the Division Bench of the High Court to have waited till 24th December 2019 and taken the pains of deciding the application at first instance. It could have very well, in the month of April, 2019 itself, done the exercise of requesting the learned Single Judge to decide the application as scheduled.
Gujarat High Court Cites 18 - Cited by 0 - Full Document

Uto Nederland V vs Tilaknagar Industries Ltd on 28 April, 2025

(ii) The scope and ambit of an appeal from an order passed by the trial Judge has already been delineated by the Supreme Court in WANDER LTD. (SUPRA), SHYAM SEL AND POWER LIMITED (SUPRA) and RAMAKANT AMBALAL CHOKSI (SUPRA). In view of aforesaid enunciation of law by Supreme Court, it is evident that the appellate court will not interfere with exercise of discretion of Court of first instance and substitute its own discretion except where the discretion has been shown to have been exercised arbitrarily or capriciously or perversely or where the Court had ignored the settled principles of law regulating grant or refusal of interlocutory injunctions. The Appellate Court while deciding an appeal, has to examine whether the discretion exercised is not arbitrary, capricious or contrary to the principles of law and the appellate Court may, in a given case, has to adjudicate on facts even in such discretionary orders.
Bombay High Court Cites 17 - Cited by 0 - M S Karnik - Full Document

Boya Kistamma vs Boya Suri on 10 October, 2025

30. This Court in Shyam Sel & Power Ltd. v. Shyam Steel Industries Ltd., (2023) 1 SCC 634 observed that the hierarchy of the trial court and the appellate court exists so that the trial court exercises its discretion upon the settled principles of law. An appellate court, after the findings of the trial court are recorded, has an advantage of appreciating the view taken by the trial judge and examining the correctness or otherwise thereof within the limited area available. It further observed that if the appellate court itself decides the matters required to be decided by the trial court, there would be no necessity to have the hierarchy of courts.
Andhra Pradesh High Court - Amravati Cites 21 - Cited by 0 - Full Document
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