2026 INSC 8 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOs. OF 2026 (Arising out of SLP (C) Nos. 6024-6025 OF 2022)

NAK ENGINEERING COMPANY PVT. LTD. …APPELLANT(S)

VERSUS TARUN KESHRICHAND SHAH AND ORS. …RESPONDENT(S)

J U D G M E N T

PANKAJ MITHAL, J. 1. Leave granted.

2. We have heard Shri Chander Uday Singh, senior counsel assisted by Shri Amarjit Singh Bedi, Advocate-on-Record for the appellant-NAK Engineering Company Pvt. Ltd., Hereinafter referred to as ‘appellant’ and Dr. Abhinav Chandrachud, learned counsel assisted by Shri Surjendu Sankar Das, Advocate-on-Record for the respondent No.1- Tarun Keshrichand Shah, Digitally signed by Signature Not Verified LOKESH ARORA Date: 2026.01.05 Reason:

2 Hereinafter referred to as ‘respondent No.1’

3. Respondent No.2- Priyalata Keshrichand Shah, Hereinafter referred to as ‘respondent No.2’ is reported to be dead and her interest is represented by respondent No.1.

4. Respondent No.3- M/s Kishore Engineering Company, Hereinafter referred to as ‘respondent No.3’ has not appeared. It had not even appeared in the Trial Court or the High Court. It has not even filed any written statement, despite service of n