Authority: Supreme Court of India
Order Date: 28-09-2026
Case Overview
- Petitioners: Partner of Omkar Infrastructure (Nirav Vrajlal Baroliya & Anr.) filed Special Leave Petitions (Nos.19056‑19057/2026) against Respondents Shantibhai Mohanbhai Patel & Ors.
- The petitions challenge two orders of the Gujarat High Court: (i) the order dated 28‑04‑2026 in Special Civil Application No.3382/2026 where the Single Judge, exercising jurisdiction under Articles 226/227, stayed the judgment and decree dated 31‑12‑2025 in Special Civil Suit No.75/2016; (ii) the order dated 08‑05‑2026 dismissing Letter Patent Appeal No.390/2026 which had contested the first impugned order.
- Interim applications IA No.166792/2026 (exemption from filing C/C of the impugned judgment) and IA No.166793/2026 (exemption from filing O.T.) were also listed.
- The matter was heard before a bench of Justices Pamidighantam, Sri Narasimha and Alok Aradhe, with counsel for both sides appearing.
Final Outcome
- The Court held that the High Court Single Judge may continue hearing the Special Civil Application, but must first address the preliminary objection concerning its maintainability before passing any final orders.
- The interim order dated 29‑05‑2026, which stays further proceedings in the suit and directs notice to be returned by 17‑08‑2026 (accepted by AOR Mr. Abhinav Agrawal), remains in force until disposal of Special Civil Application No.3382/2026.
- No opinion was expressed on the merits of the underlying dispute.
- The Special Leave Petitions are hereby disposed of, and any pending applications, if any, shall stand disposed of.
Topics: Court Procedure, Civil Litigation