Disposed¶17

Shaikh Baban Shaikh Hiraji v. the Administrator / Chairman Jai Ambika Sahakari Sakhar Karkhana and Others

Bombay HC7 Feb 2025WP/11967/2019

Case brief

AI extract

What is this about?

Liberty to file fresh execution proceedings; execution proceedings dismissed for default (Darkhast No. 40 of 2024; order dated 13.06.2024); addition of party to execution proceedings; Kuntukar Sugar and Agro Pvt. Ltd.; Maharashtra State Cooperative Bank Limited vs. Babulal Lade and others, 2020 2 Supreme Court Cases 310 ((2020) 2 SCC 310); Jai Ambika Sahakari Sakhar Karkhana; Bombay High Court, Aurangabad Bench; all points kept open; executing court to decide all aspects; Writ Petition No. 11967 of 2019.

What did the court decide?

Liberty to the petitioner to file fresh execution proceedings; all points kept open for the executing court to decide all aspects in the execution proceedings. ¶17

Shaikh Baban Shaikh Hiraji Vs the Administrator / Chairman Jai Ambika Sahakari Sakhar Karkhana and Others — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to the petitioner to file fresh execution proceedings; all points kept open for the executing court to decide all aspects in the execution proceedings.

¶17

Issue for consideration

Whether the Court should adjudicate the petitioner's argument to add Kuntukar Sugar and Agro Pvt. Ltd. as a party to the execution proceedings (advanced with reliance on Maharashtra State Cooperative Bank Limited vs. Babulal Lade and others), in light of the dismissal for default of the underlying execution proceedings out of which Darkhast No. 40 of 2024 arises.

¶13

Court's answer

The Court held that the then-prevailing stage did not call for appreciation of all the arguments of the parties (including the argument to add Kuntukar Sugar and Agro Pvt. Ltd. to the execution proceedings, urged with reliance on the cited precedent); it sufficed to dispose of the petition by granting liberty to file fresh execution proceedings.

¶16

Ratio / Principle

The petition stands disposed of with liberty to the petitioner to file fresh execution proceedings, with all points kept open.

¶17

Key takeaways

The executing court shall decide all the aspects in the execution proceedings.ratio¶17

Detailed headnote1 paragraphs

Writ Petition No. 11967 of 2019, Shaikh Baban Shaikh Hiraji v. The Administrator/Chairman, Jai Ambika Sahakari Sakhar Karkhana and others (High Court of Judicature at Bombay, Bench at Aurangabad; Kishore C. Sant, J.; February 07, 2025). During the pendency of the petition, the execution proceedings out of which Darkhast No. 40 of 2024 arises were dismissed for default by order dated 13.06.2024. Counsel for the petitioner argued for adding Kuntukar Sugar and Agro Pvt. Ltd. — already added as a party to the execution proceedings — relying on Maharashtra State Cooperative Bank Limited vs. Babulal Lade and others, 2020 2 Supreme Court Cases 310. The Court held it unnecessary at that stage to appreciate the parties' arguments and disposed of the petition, granting liberty to the petitioner to file fresh execution proceedings, keeping all points open, with the executing court to decide all aspects in the execution proceedings.

Shaikh Baban Shaikh Hiraji v. the Administrator / Chairman Jai Ambika Sahakari Sakhar Karkhana and Others

Case brief

What is this about?

What did the court decide?

Shaikh Baban Shaikh Hiraji v. the Administrator / Chairman Jai Ambika Sahakari Sakhar Karkhana and Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Procedural history

Parties & counsel

Coram

Case details

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