Kashi Kapdi Co-Op Housing Society vs. Shashikant Vithal Kamble
AI Summary
In a significant procedural move, the Supreme Court has admitted an appeal by Kashi Kapdi Co-op Housing Society and granted an interim stay on an order passed by a 'State Agency'. The Court noted that the impugned order was issued without proper notice to the Housing Society, highlighting concerns over due process and natural justice, and has tagged the case with a related matter for further hearing.
Case Identifiers
Petitioner's Counsel
Respondent's Counsel
Advocates on Record
eCourtsIndia AITM
Brief Facts Summary
Kashi Kapdi Co-op Housing Society filed a Civil Appeal (No. 4625/2021) before the Supreme Court challenging an order. The primary contention raised by the appellant was that this impugned order had been issued without serving prior notice to them.
Timeline of Events
Impugned order (OA-03-2021) passed by a State Agency.
Civil Appeal No. 4625/2021 filed by Kashi Kapdi Co-op Housing Society in Supreme Court.
Supreme Court heard the appeal, admitted it, and granted an interim stay of the impugned order, noting the lack of notice to the appellant.
Key Factual Findings
The impugned order has apparently been passed without notice to the appellant.
Source: Current Court Finding/Recited from Petitioner Pleading
Primary Legal Issues
Secondary Legal Issues
Petitioner's Arguments
The appellant, Kashi Kapdi Co-op Housing Society, argued that the impugned order was passed by the State Agency without affording them prior notice or an opportunity to be heard, constituting a fundamental breach of natural justice.
Respondent's Arguments
Not detailed in this specific order, but implicitly, the respondents would defend the legality and propriety of the impugned order and seek to have the stay vacated.
Court's Reasoning
The Court admitted the appeal and granted an interim stay, reasoning that the contention that the impugned order was passed 'without notice to the appellant' establishes a prima facie case of procedural irregularity and potential violation of natural justice, thus warranting intervention.
- Emphasis on Natural Justice
- Strict Adherence to Procedural Fairness
Impugned Orders
Specific Directions
- 1.Appeal admitted.
- 2.Stay of operation of the impugned order in the meanwhile.
- 3.Tag with Civil Appeal No. 4456 of 2021.
Precedential Assessment
Non-Binding (Procedural)
This is an interim procedural order granting a stay based on a prima facie finding of lack of notice, not a final judgment on the substantive merits of the case or a new interpretation of law.
Tips for Legal Practice
Legal Tags
Disclaimer: eCourtsIndia (ECI) is not a lawyer and this analysis is generated by ECI AI, it might make mistakes. This is not a legal advice. Please consult with a qualified legal professional for matters requiring legal expertise.
Order Issued After Hearing
Purpose:
First Hearing
Listed On:
16 Aug 2021
Original Order Copy
Get a certified copy of this order
Order Text
ITEM NO.16 Court 9 (Video Conferencing) SECTION XVII
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). 4625/2021
KASHI KAPDI CO-OP HOUSING SOCIETY Appellant(s)
VERSUS
SHASHIKANT VITHAL KAMBLE & ORS. Respondent(s)
(IA No.93657/2021-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.93654/2021-STAY APPLICATION and IA No.93661/2021-EXEMPTION FROM FILING O.T.)
Date : 16-08-2021 This appeal was called on for hearing today.
CORAM : HON'BLE MS. JUSTICE INDIRA BANERJEE HON'BLE MR. JUSTICE V. RAMASUBRAMANIAN
- For Appellant(s) Mr. Ninad Laud, Adv. Mr. Saket Mone, Adv. Ms. Anshula Grover, AOR Mr. Ivo D' Costa, Adv. Mr. Subit Chakraborty, Adv. Mr. Abhishek Salian, Adv. Mr. Avinash Mathews, Adv.
- For Respondent(s) Mr. Mukesh Verma, Adv. Mr. Yash Pal Dhingra, AOR
UPON hearing the counsel the Court made the following O R D E R
Appeal admitted.
The impugned order has apparently been passed without notice to the appellant.
There shall, therefore, be stay of operation of the impugned order in the meanwhile.
Tag with Civil Appeal No. 4456 of 2021.
(MANISH ISSRANI) (MATHEW ABRAHAM) COURT MASTER (SH) COURT MASTER (NSH)