Maharashtra State Warehousing Corporation vs. Onkar Nandalala Toshniwal

Court:Supreme Court of India
Judge:Hon'ble Hon'Ble The Chief Justice, M.M. Sundresh, Bela M. Trivedi
Case Status:Disposed
Order Date:26 Sept 2024
CNR:SCIN010323792022

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Order Issued After Hearing

Purpose:

Next Week / Week Commencing / C.O.Week

Before:

Hon'ble Hon'Ble The Chief Justice, Hon'ble Sanjay Kumar, Hon'ble R. Mahadevan

Stage:

Mercantile Laws, Commercial Transactions Including Banking : Matters relating to recovery of debts/bank loans due under the banks and financial institutions

Remarks:

Dismissed

Listed On:

26 Sept 2024

In:

Judge

Category:

UNKNOWN

Interlocutory Applications:

158781/2022, 158782/2022,

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Order Text

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 5007 OF 2024

MAHARASHTRA STATE WAREHOUSING CORPORATION & ANR. ..... APPELLANT(S)

VERSUS

VILAS HIRAMAN DAMODHARE & ORS. ..... RESPONDENT(S)

with

CIVIL APPEAL NO. 5009 OF 2024 and CIVIL APPEAL NO. 5008 OF 2024

O R D E R

It appears that some of the private respondents, who are the guarantors and borrowers, have not been served. We delete them from the array of parties as they have no real role to play.

At this late stage, we are not inclined to take additional evidence on record. Application to lead additional evidence is dismissed.

In the facts and circumstances of the present case, we do not find any good ground and reason to interfere with the impugned judgment(s) and, hence, the appeals are dismissed.

Pending application(s), if any, shall stand disposed of.

...............J. (SANJIV KHANNA)

...............J. (SANJAY KUMAR)

...............J. (R. MAHADEVAN)

1

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. 5007 OF 2024

MAHARASHTRASTATEWAREHOUSING<br>APPELLANT(S)
CORPORATION & ANR.

VERSUS

VILAS HIRAMAN DAMODHARE & ORS. ..... RESPONDENT(S)

(FOR ADMISSION and I.R. and IA No.166852/2022-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.166854/2022-EXEMPTION FROM FILING O.T.)

WITH

C.A. No. 5009/2024 (III)

(FOR ADMISSION and I.R. and IA No.168581/2022-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.168582/2022-EXEMPTION FROM FILING O.T.)

C.A. No. 5008/2024 (III) (FOR ADMISSION and I.R. and IA No.158781/2022-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.158782/2022-EXEMPTION FROM FILING O.T.)

Date : 26-09-2024 These matters were called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE SANJAY KUMAR HON'BLE MR. JUSTICE R. MAHADEVAN

For Appellant(s)

Mr. Sandeep Sudhakar Deshmukh, Adv. Mr. Sachin Patil, Adv. Mr. Ravindra Keshavrao Adsure, AOR Mr. Sagar N.pahune Patil, Adv. Mr. Sagar Nandkumar Pahune-patil, Adv. Mr. Yash Prashant Sonavane, Adv. For Respondent(s) Mr. Vipin Sanghi, Sr. Adv. Mr. Satyajit A. Desai, Adv. Mr. Abhinav K. Mutyalwar, Adv. Mr. Abhay R. Sambre, Adv. Mr. Ananya Thapliyal, Adv. Ms. Anagha S. Desai, AOR Mr. Siddharth Gautam, Adv.

UPON hearing the counsel, the Court made the following O R D E R

The appeals are dismissed in terms of the signed order.

Pending application(s), if any, shall stand disposed of.

(DEEPAK GUGLANI) (R.S. NARAYANAN) AR-cum-PS ASSISTANT REGISTRAR (signed order is placed on the file)