RAJASEKHAR MANTHA
Kamsco Industries Private Limited – Appellant
Versus
Union of India – Respondent
JUDGMENT :
Rajasekhar Mantha, J.
CAN 1 of 2021
This application has been filed for addition of parties. The applicant is State Bank of India for itself and as a leader of a consortium of lenders to, inter alia, M/s. UBL. The applicants are necessary and proper parties. Hence, CAN 1/2021 is allowed. The said applicants shall be added as party-respondents to the instant writ petition.
Learned advocate of record or the applicants shall make necessary amendments in the cause title of the writ petition in course of the day.
CAN 1 of 2021 is allowed and disposed of.
W.P.A. No. 12067of 2021
1. By order dated 12th August, 2021, a Co-ordinate Bench, reserving the point of maintainability to be decided in course of final hearing, called for affidavits from the parties. This matter has been listed before this Court as a motion. The principal Respondents have not filed affidavits.
2. The respondent No. 4 has used affidavit-in-opposition. The Union as well as the State Bank of India prayed that this Court should first decide on the maintainability of the writ petition on the question of territorial jurisdiction. It is submitted that affidavits are not needed for deciding the preliminary issue. The part
M/s. Kusum Ingots & Alloys Ltd. Vs. Union of India and Anr. reported in (2004) 6 SCC 254
Nawal Kishore Sharma Vs. Union of India and Others reported in (2014) 9 SCC 329
State of Rajasthan & Ors. Vs. Swaika Properties & Anr. reported in (1985) 3 SCC 217
M/s. Ambica Industries Vs. Commissioner of Central Excise reported in (2007) 6 SCC 769
Alchemist Limited and Another Vs. State Bank of Sikkim and Others reported in (2007) 11 SCC 335
ONGC Vs. Utpal Kumar Basu reported in (1994) 4 SCC 711
A. B. C. Laminart Pvt. Ltd. & Anr. Vs. A. P. Agencies reported in (1989) 2 SCC 163
State of Rajasthan & Ors. Vs. Swaika Properties & Anr. reported in (1985) 3 SCC 217
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