Justice R Banumathi & Justice Indira Banerjee Differ Over Issuance Of Notice In SLP [Read Order]

A Supreme Court bench comprising Justice R Banumathi and Justice Indira Banerjee expressed divergent views on whether to issue notice in a special leave petition filed against a Bombay High Court judgment.

The bench was considering the SLP filed by Dhanada Corporation Limited against the high court order that had dismissed their appeals challenging proceedings under the Maharashtra Protection of Interest of Depositors (In Financial Establishments) Act, 1999 before the Sessions Judge, Aurangabad.

The sessions’ judge had confirmed the order of attachment made by the state government by issuing notification under the Act and further direction is given by the designated court to sell the property by name Vedant Hotel/Vits Hotel situated at Aurangabad by public auction and to deposit the sale proceeds of the same in the court.

When the SLP filed by the corporation came up for admission before the bench, Justice Banumathi took a view that it is not a fit case for issuance of the notice, while Justice Banerjee opined that the matter is to be heard and notice be issued.

Thus the order reads as follows: “In view of the difference of view on the question of issuance of notice (Hon. Banumathi, J. is of the view that it is not a fit case for issuance of notice and Hon’ble Banerjee, J. is of the view that the matter is to be heard and notice be issued), the Registry is directed to place the papers before Hon’ble the Chief Justice of India for appropriate orders for placing the matter before another Bench.”

Now the matter will be placed before another bench which will decide whether or not to issue notices.

In August, the bench comprising Justice R Banumathi and Justice Vineet Saran was split on the issue of issuance of notice in an appeal filed before it against a judgment passed by the Uttarakhand High Court.

Read Order Here