SJVN LIMITED vs M/S PATEL GAMMON JOINT VENTURE - 2025 Supreme(Online)(SC) 9890

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Online)(SC) 9890

SUPREME COURT OF INDIA
RAJESH BINDAL, MANMOHAN, JJ
SJVN LIMITED – Appellant
Versus
M/S PATEL GAMMON JOINT VENTURE – Respondent

Advocates:
For the Appellants/Petitioners: M/S. Cyril Amarchand Mangaldas Aor, AOR, Mr. Tushar Mehta, Solicitor General, Mr. Omar Ahmad, Adv., Mr. Ishan Gaur, Adv., Mr. Vikram Shah, Adv., Mr. Ritik Kumar Rath, Adv., Mr. Siddhart Kothari, Adv., Mr. Vikash Kumar Jha, Adv.
For the Respondents: Mr. Ritin Rai, Sr. Adv., Mr. K. R. Sasiprabhu, AOR, Mr. Aditya Swarup, Adv., Mr. Hiten Sampat, Adv., Mr. Vishnu Sharma A S, Adv., Mr. Ribhav Pande, Adv., Ms. Namrata Saraogi, Adv.

Table of Content
1. remittance to high court for merits review. (Para 2 , 3)
2. recognition of existing triable issues. (Para 4)

O R D E R

1. Leave granted.

2. Challenge in the present appeal is to the order dated 23.12.2024 passed by the High Court of Himachal Pradesh at Shimla in FAO (OS) No. 23 of 2024.

3. Vide the aforesaid order, the High Court had set aside the order dated 15.12.2023 passed by learned Single Judge of the High Court in O.M.P. No. 189 of 2021 in C.S. No. 83 of 2019 as a result of which an application filed by the respondent Order VII Rule 11, CPC was allowed.

4. Learned counsel for the respondent fairly submitted that there are triable issues in the suit. Let the impugned order be set aside and the matter be remitted back to the High Court for decision on merit and all the contentions by the parties may be left open.

Signature Not Verifi5ed. Keeping in view the fair stand taken by learned Digitaly signed by KANCHAN CHOUHAN Date: 2025.10.18

12:09:10 IST counsel for the respondent, the appeal is allowed. The Reason:

impugned order dated 23.12.2024 passed by the High Court is set aside and that of the Single Bench dated

15.12.2023 is restored. The suit shall now be consider

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2025 Supreme(Online)(SC) 9890

SUPREME COURT OF INDIARAJESH BINDAL, MANMOHAN, JJSJVN LIMITED – AppellantVersusM/S PATEL GAMMON JOINT VENTURE – Respondent

SUPREME COURT OF INDIA
RAJESH BINDAL, MANMOHAN, JJ
SJVN LIMITED – Appellant
Versus
M/S PATEL GAMMON JOINT VENTURE – Respondent