MOHAMMED ENTERPRISES (TANZANIA) LTD. vs FAROOQ ALI KHAN

Headnote Court Copy Facts Arguments Court observation Judicial Analysis Case Map Category Hierarchy Table of Content

2025 Supreme(Online)(SC) 28

SUPREME COURT OF INDIA
HON. PAMIDIGHANTAM SRI NARASIMHA, HON. MANOJ MISRA, JJ
MOHAMMED ENTERPRISES (TANZANIA) LTD. – Appellant
Versus
FAROOQ ALI KHAN – Respondent
C.A. No.-000048-000048 - 2025

Important Points

The court set aside the High Court's order, directing the Adjudicating Authority to resume its proceedings promptly.

Subject

Civil Law - Administrative Law

Act Referred

Code of Civil Procedure, 1908

Headnote

(A) Code of Civil Procedure, 1908 - The court allows the appeals and sets aside the judgment of the High Court, directing the Adjudicating Authority to resume proceedings. (Paras 16 and 17)

Facts of the case:
The appeals challenge the High Court's order in Writ Petition No. 483 of 2023.

Findings of Court:
The High Court's order is set aside, and the Adjudicating Authority is directed to proceed.

Issues: The main issue was the High Court's interdiction of the Adjudicating Authority's proceedings.

Ratio Decidendi: The court emphasized the need for the Adjudicating Authority to resume its proceedings expeditiously, aligning with the spirit of the Code.

Result: Appeals allowed.

JUDGMENT

IA No. 120952/2024 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) WITH SLP(C) No. 11095/2024 (IV-A (FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT ON IA 115050/2024

IA No. 115050/2024 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) SLP(C) No. 13493/2024 (IV-A)

(FOR PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES ON IA 136633/2024 IA No. 136633/2024 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) SLP(C) No. 18062/2024 (IV-A)

(FOR PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES ON IA 177715/2024

IA No. 177715/2024 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)

Date : 03-01-2025 These appeals were called on for pronouncement of judgment today.

For Appellant(s) Mr. Divyanshu Rai , AOR M/S. Khaitan & Co., AOR Mr. Aseem Chaturvedi, Adv. Mr. Vishnu Shriram, Adv. Mr. Arpit Kumar Singh, Adv. Mr. Keith Varghese, Adv. Ms. Phalguni Nigam, Adv. Mr. Tushar Mehta, Solicitor General Mr. Madhav Kanoria, Adv. Ms. Srideepa Bhattacharyya, Adv. Ms. Neha Shivhare, Adv. Mr. Sumit Attri, Adv. M/S. Cyril Amarchand Mangaldas Aor, AOR For Respondent(s) Mr. Divyanshu Rai , AOR Mr. Shyam Divan, Sr. Adv. Mr. Shyam Mehta, Sr. Adv. Mr. Pb Suresh, Adv. Mr. Sivaramakrishnan Ms, Adv. Mr. Shivam Singh, Adv. Mr. Ishwar Singh, Adv. Mr. Varad Kilor, Adv. Mr. Vinay N Kumar, Adv. Mr. Shaurya R Rai, Adv. Mr. Gopal Singh, AOR Mr. Tushar Mehta, Solicitor General Mr. Madhav Kanoria, Adv. Ms. Srideepa Bhattacharyya, Adv. Ms. Neha Shivhare, Adv. Mr. Sumit Attri, Adv. M/S. Cyril Amarchand Mangaldas Aor, AOR M/S. Khaitan & Co., AOR

C.A. No. of 2025 @ SLP (C) No. 11599 of 2024, C.A. No. of 2025 @ SLP (C) No. 11095 of 2024 and C.A. No. of 2025 @ SLP (C) No. 13493 of 2024 Hon’ble Mr. Justice Pamidighantam Sri Narasimha pronounced the judgment of the Bench comprising His Lordship and Hon’ble Mr. Justice Manoj Misra.

Leave granted.

The appeals are allowed in terms of the signed reportable judgment. Paragraphs 16 and 17 of the Judgment read as under:-

“16. In view of the above, we allow these appeals and set aside the final judgment and order passed by the High Court in Writ Petition No. 483 of 2023 (GM-RES) dated 22.04.2024. We further direct that the Adjudicating Authority will now commence the proceedings from where it was interdicted by the High Court and complete the same as expeditiously as possible, which is also the spirit of the Code.

17. There shall be no order as to costs.” Pending application(s), if any, stand disposed of.