Supreme Court of India · 2009-10-06
M/S SUNSAM PROP.P.LTD. vs SAURAV AGARWAL .
- Citation / case number
- SC 2008/23793
- Court
- Supreme Court of India
- Petitioner
- M/S SUNSAM PROP.P.LTD.
- Respondent
- SAURAV AGARWAL .
- Author
- HARJIT SINGH BEDI,R.M. LODHA, , ,
- Bench
- HARJIT SINGH BEDI,R.M. LODHA, , ,
Judgment text excerpt
The Supreme Court held that the interim orders issued by the High Court on 8th and 29th July 2008, regarding possession of property and criminal action against the appellant, were unsustainable as they were made without notice to the appellant, violating principles of natural justice. The Court emphasized that such matters should be adjudicated by a Criminal or Civil Court rather than through a writ petition. Consequently, the appeal was allowed, and the High Court's orders were set aside, with directions to proceed on merits without being influenced by previous observations.