Dinesh Shahra Through His Power ... vs Idbi Bank Limited Through Its ...
2023 Latest Caselaw 8753 MP

                                            W.A. No.184/2023
            IN THE HIGH COURT OF MADHYA PRADESH
                          AT INDORE

                            BEFORE
     HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARI
                               &
        HON'BLE SHRI JUSTICE PRAKASH CHANDRA GUPTA

                     WRIT APPEAL No.184/2023

      Between:-
      DINESH SHAHRA S/O LT. SHRI MAHADEO
      SHAHRA EX. MANAGING DIRECTOR OF M/S
      RUCHI SOYA INDUSTRIES LIMITED, R/O SEA-
      LAND COOPERATIVE HOUSING SOCIETY,
      FLAT NO.4, 41, NAVY ROAD, CUFFE PARADE,
      MUMBAI, MAHARASHTRA THROUGH HIS
      POWER OF ATTORNEY HOLDER ABHAY
      PANDIT S/O SHRI VIJAY PANDIT, AGE-56
      YEARS, OCCUPATION-SERVICE, ADDRESS:DM
      170, SUKHLIYA, INDORE(M.P.)

                                                         ....APPELLANT


      (SHRI VIVEK TANKHA AND SHRI VEER KUMAR JAIN, LEARNED
      SENIOR COUNSELS WITH SHRI JERRY LOPEZ, LEARNED COUNSEL
      FOR THE APPELLANT)

      AND
      IDBI BANK LIMITED, IDBI TOWER WTC
      COMPLEX, CUFFE PARADE MUMBAI HAVING
      ITS BRANCH AT UG 45, CAPTAIN C.S. NAIDU,
      OMNI PALACE, RATLAM KOTHI, INDORE(MP)
      THROUGH ITS AUTHORISED SIGNATORY,
      SHRI FAISAL RAHAT S/O SHRI RAHAT INDORI,
      AGED AROUND 42 YEARS, R/O IDBI BANK,
      OMNI PALACE, RATLAM KOTHI, INDORE(MP)



                                                      .....RESPONDENT
   (SHRI AMIT AGRAWAL, LEARNED SENIOR COUNSEL WITH SHRI ADITYA GOYAL,
LEARNED COUNSEL FOR THE RESPONDENT)
                                                                                           W.A. No.184/2023


............................................................................................................
          Reserved on                   :         19-04-2023
          Pronounced on                 :         14-06-2023
..........................................................................................................................
          This Writ Appeal having been heard and reserved for orders, coming
on for pronouncement this day, Hon'ble Shri Justice Sushrut Arvind
Dharmadhikari passed the following :
                                                  JUDGMENT

Heard finally alongwith Contempt Appeal No.02/2023, with the consent of both the parties.

1. This appeal under Section 2(1) of the M.P. Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 read with any other provision analogous to Section 151 of CPC assails the order dated 08/12/2022, passed in W.P. No.25995/2018 whereby the learned Single Judge has held that since the Contempt Case No.1153/2021 has now been restored to its original number vide order dated 14/11/2022, the writ petition is liable to be heard analogously with Contempt Case No.1153/2021.

2. At the outset, learned counsel for the respondent raised a preliminary objection at the time of hearing that the writ appeal against an interlocutory order is not maintainable. However, looking to the fact that the Contempt Appeal No.02/2023 having been allowed and the order dated 14/11/2022 passed in Contempt Case No.1153/2021 having been set aside, the contempt petition stands dismissed as was dismissed vide order dated 13/06/2022, the W.P. No.25995/2018 cannot be heard analogously alongwith the Contempt Case No.1153/2021.

W.A. No.184/2023

3. The Writ Petition No.25995/2018 was finally disposed off vide order dated 05/12/2019. I.A. No.7671/2022 seeking interim directions in a disposed off writ petition was filed. In light of order dated 14/06/2023 passed in CONA No.2/2023, the Interim application is not maintainable. As a consequence, the order impugned dated 08/12/2022 in W.P. No.25995/2018 cannot be allowed to stand. Accordingly, the order dated 08/12/2022 is hereby set-aside and writ appeal is allowed. Since, the writ petition has already been decided on merits vide order dated 05/12/2019, no further orders are necessary.

   (S.A. DHARMADHIKARI)                                                                        (PRAKASH      CHANDRA GUPTA)
         JUDGE                                                                                               JUDGE


PREETHA HARI
               Digitally signed by PREETHA HARI NAIR

DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH INDORE, ou=HIGH COURT OF MADHYA PRADESH BENCH INDORE, 2.5.4.20=5431da3716f911ecd1cb3fc6dc91ea2cacec60259cb241b9a

NAIR d42416f404bb303, postalCode=452001, st=Madhya Pradesh, serialNumber=0EC5BE08895BA17A6074239F753A38DE8188C5E650 85178B87CD8C85BA5B87CC, cn=PREETHA HARI NAIR Date: 2023.06.14 18:03:05 +05'30'