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Reserve Bank Of India Petitioner(S) v. Dharani Sugars And Chemicals Ltd. Etc. And Others (S).
Factual and Procedural Background
The Reserve Bank of India, acting as petitioner, moved several transfer petitions seeking consolidation of multiple writ petitions that were pending before different High Courts across India. These writ petitions—filed by entities such as Dharani Sugars & Chemicals Ltd., Shipyards Association of India, Independent Power Producers Association of India, and others—were transferred to the Supreme Court. The matter was heard on 11 September 2018 by Justices Rohinton Fali Nariman and Indu Malhotra. During the same proceeding, the Court also issued notice in Writ Petition (Civil) No. 1086/2018. An order was passed maintaining status quo and fixing 14 November 2018 for final disposal.
Legal Issues Presented
- Whether the Supreme Court should exercise its power to transfer the identified writ petitions from various High Courts to itself for a consolidated hearing.
- Whether interim relief in the form of maintaining status quo should be granted pending final adjudication.
Arguments of the Parties
The opinion does not contain a detailed account of the parties' legal arguments.
Table of Precedents Cited
No precedents were cited in the provided opinion.
Court's Reasoning and Analysis
The Court noted that the grounds set out in the transfer petitions warranted centralizing all related matters before the Supreme Court. Accepting those grounds, it ordered immediate transfer of the records from the respective High Courts. To preserve the existing legal positions of all parties until comprehensive adjudication, the Court directed that the status quo as of the date of the order be maintained. The reasoning is succinct and procedural; the Court did not elaborate beyond accepting the stated grounds and ensuring interim protection.
Holding and Implications
HOLDING: The transfer petitions are allowed; records of the listed cases are to be transferred to the Supreme Court without delay. Notice is issued in Writ Petition (Civil) No. 1086/2018. Interim status quo is to be maintained. All matters are scheduled for final disposal on 14 November 2018.
IMPLICATIONS: The immediate effect is the consolidation of several related writ petitions before the Supreme Court, promoting uniform adjudication. The order is procedural in nature and does not establish new substantive precedent.
1. Issue notice.
2. Heard the learned counsel appearing for the parties.
3. For the grounds stated in the Transfer Petitions, we allow transfer of W.P. (C) No. 20672-20676/2018 [Dharani Sugars & Chemicals Ltd. v. Union of India] pending before the High Court of Judicature at Madras, Special Civil Application No. 12492 of 2018 [Shipyards Assn. of India v. Union of India] pending before the High Court of Gujarat at Ahmedabad, Civil Misc. Writ Petition No. 18170 of 2018 [Independent Power Producers Assn. of India v. Union of India], Civil Misc. Writ Petition No. 23181 of 2018 [Assn. of Power Producers v. Union of India], Civil Misc. Writ Petition No. 23183 of 2018 [Prayagraj Power Generation Co. Ltd. v. Union of India] pending before the High Court of Judicature at Allahabad, W.P. No. 16095 of 2018 [South Indian Sugar Mills Assn. v. Reserve Bank of India] pending before the High Court of Judicature at Madras, Writ Petition (C) No. 7221/2018 [Vayam Technologies Ltd. v. Union of India], Writ Petition (C) No. 6463/2018 [All India Bank Officers Confederation v. Union of India] pending before the High Court Delhi at New Delhi to this Court.
4. Let the records of the cases be transferred without delay.
5. The transfer petitions are allowed in the afore-stated terms.
6. Status quo, as of today, shall be maintained in the meantime.
WRIT PETITION (C) NO. 1086/2018:
7. Issue notice.
8. Status quo, as of today, shall be maintained in the meantime.
9. List all these petitions for final disposal on Wednesday, the 14 November, 2018.
SUPREME COURT OF INDIA
RECORD OF PROCEEDINGS
Transfer Petition(s)(Civil) No(s). 1399-1404/2018
Reserve Bank of India.….Petitioner(s)
v.
Dharani Sugars and Chemicals Ltd. and Others etc.….Respondent(s)
(FOR ADMISSION and IA No. 119318/2018-STAY APPLICATION
TRANSFER PETITION (C) NOS. 1283-1288 OF 2018
IA No. 109865/2018 -STAY APPLICATION
WRIT PETITION (C) NO. 1086/2018
FOR ADMISSION AND IA No. 130515/2018 - INTERIM INJUNCTION
Date : 11-09-2018 These matters were called on for hearing today.
(Before Rohinton Fali Nariman and Indu Malhotra, JJ.)
For Petitioner(s) Mr. Jayant Bhushan, Sr. Adv.
Mr. Rajendra Barot, Adv.
Mr. Vivek Shetty, Adv.
Ms. Liz Mathew, AOR
Mr. M.F. Philip, Adv.
Mr. Mukul Rohatgi, Sr. Adv.
Mr. Sajan Poovaya, Sr. Adv.
Mr. Rajiv Shankar Dvivedi, AOR
Ms. Arti Dvivedi, Adv.
For Respondent(s) Mr. R. Bala, AOR
Ms. Kiran Bhardwaj, Adv.
Mr. G.S. Makker, AOR
Dr. A.M. Singhvi, Sr. Adv.
Mr. Sajan Poovayya, Sr. Adv.
Mr. Mahesh Agarwal, Adv.
Mr. Himanshu Satija, Adv.
Mr. Rahul Chauhan, Adv.
Mr. Vishrov Mukherjee, Adv.
Mr. Ameya Vikram Mishra, Adv.
Ms. Catherine Ayallore, Adv.
Ms. Ashly, Adv.
Mr. Chaitanya Safaya, Adv.
Mr. E.C. Agrawala, AOR
Dr. A.M. Singhvi, Sr. Adv.
Mr. Mahesh Agarwal, Adv.
Ms. Ankur Saigal, Adv.
Ms. Gunika Gupta, Adv.
Mr. Abhinav Agrawal, Adv.
Mr. E.C. Agrawala, AOR
Mr. Shantanu Sagar, AOR
UPON hearing the counsel the Court made the following
Transfer Petition(s)(Civil) No(s). 1399-1404/2018 & Transfer Petition (C) Nos. 1283-1288 OF 2018:
10. Issue notice.
11. The transfer petitions are allowed in terms of the signed order.
12. Status quo, as of today, shall be maintained in the meantime.
WRIT PETITION (C) NO. 1086/2018:
13. Issue notice.
14. Status quo, as of today, shall be maintained in the meantime.
15. List all these petitions for final disposal on Wednesday, the 14 November, 2018.
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