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Civil · Reportable judgment

Anish M Rawther @ Anees Mohammed Rawther vs Hafeez Ur Rahman & Ors.

Court
Supreme Court of India
Date
14 June 2024
Case No.
Civil Appeal No. 4120 of 2024
Result
Dismissed
Bench
Vikram Nath, Prashant Kumar Mishra
Citation
[2024] 6 S.C.R. 959 : 2024 INSC 460
Acts & Sections
CPC Insolvency and Bankruptcy Code, 2016
Supreme Court Reports [2024] 6 S.C.R. 959 : 2024 INSC 460
Issue for consideration
High Court, if justified in directing the trial court to accept the respondent’s memo and pass appropriate order.
Headnote

Code of Civil Procedure, 1908 – Ord. XXXVII – Summary suits – Suit u/Ord. XXXVII by respondents against the appellants for recovery of money – Respondent filed memo requesting the trial court to decree the suit in terms of Ord. XXXVII r. 3(6)(b) – Trial court rejected the memo – However, the High Court set aside the order directing the trial court to accept the memo submitted by the respondents and pass appropriate orders – Correctness:

Held: High Court did not accept the submission of the appellants that in view of s. 14 of the Insolvency and Bankruptcy Code, 2016, the moratorium became operational, thus, the suit cannot proceed, and directed the trial court to accept the memo and pass appropriate orders – This Court stayed the impugned order, however, much prior to the interim order of this Court, the suit itself was decided finally by passing a decree – It is not brought to the notice that the said decree has been challenged any further by the appellants – Thus, for the present, the suit is not pending, thus, the appeal which arose out of an interim order passed by the trial court during pendency of the suit, is rendered infructuous. [Para 5]

Keywords: Memo · Summary suits · Recovery of money · Decree the suit · Moratorium · Infructuous

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Judgment Prashant Kumar Mishra, J. This appeal has been preferred by the appellant/defendant challenging the Order passed by the High Court of Karnataka on 21st March 2022 in Writ Petition No. 10975 of 2020 (GM-CPC) whereby the High Court allowed the writ petition and set aside the Order dated 07th March 2020 passed by the Trial Court in Com. OS No. 1026 of 2018 and further directed the Trial Court to accept the memo dated 14th November 2019 which was submitted by the respondents/plaintiffs and pass appropriate orders accordingly. 2. The brief facts, necessary for disposal of this Civil App
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