Full Judgment Text
NON-REPORTABLE
2026 INSC 169
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.1478 OF 2026
(Arising out of SLP (Civil) No.6146 OF 2026
arising out of Diary No.68939 of 2025)
HERO CYCLES LIMITED & ANOTHER APPELLANT(S)
VERSUS
HERO ECOTECH LIMITED & OTHERS RESPONDENT(S)
J U D G M E N T
NAGARATHNA, J.
Delay in refiling is condoned.
2. Applications for (i) permission to file the petition;
(ii) condonation of delay in filing the application for
setting aside the abatement; (iii) setting aside the
abatement; and (iv) substitution, are allowed.
3. Issue notice to the respondents.
4. Learned counsel, Mr. Sujoy Datta, AOR accepts notice
Signature Not Verified
Digitally signed by
RADHA SHARMA
Date: 2026.02.19
10:44:57 IST
Reason:
for respondent Nos.1 and 2/caveator.
1
5. Leave granted.
6. This appeal is filed against the final judgment and
order dated 03.09.2025 passed by the High Court of
Judicature at Patna in Civil Misc. Jurisdiction Case
No.1711 of 2019.
7. We have heard learned senior counsel for the
appellants and learned senior counsel for the respondents.
8. The main grievance of the appellants is with regard
to the setting aside of the order dated 07.09.2019
passed by the trial court in Title Suit No.5031/2014.
For ease of reference, the relevant portion of the order
dated 07.09.2019 is extracted as under:
“21. In view of the aforesaid discussions, the
documents placed by the parties concerned and the
submissions advanced by the respective learned
counsels appearing on behalf the Plaintiffs and the
Defendants, the Court is of the view that a
contempt proceedings be initiated against the
Defendants and the parties are directed to led
evidence from their sides.
22. Office is directed to open a separate record
for trial of the contempt proceeding. The trial of
the contempt proceeding will proceed independently
from Title Suit No.5031/2014. Both parties are
further directed to make sincere efforts for early
disposal of Title Suit No.5031/2014.”
2
9. Learned senior counsel for the respondents
submitted that the trial court did not adjudicate the
application filed under Order XXXIX Rule 2A read with
Section 151 of the Code of Civil Procedure, 1908 (for
short “CPC”) in accordance with law. Hence, the
respondents were constrained to file the revision
application under Article 227 of the Constitution of
India before the High Court which has rightly set aside
the order dated 07.09.2019 passed by the trial court.
10. On hearing the learned senior counsel for the
respective parties and on perusal of the material on
record, we note that the trial court had to adjudicate
the application filed under Order XXXIX Rule 2A of the
CPC in accordance with law.
11. In case the applicants who filed the said
application(s) seek an inquiry into the matter, then
both sides ought to be granted a reasonable opportunity
in the inquiry to be conducted in case the said inquiry
has not yet been completed.
12. In the circumstances, the impugned order of the High
Court dated 03.09.2025 as well as the order of the
trial court dated 07.09.2019 are set aside.
3
13. It is stated at the bar that pursuant to the
impugned order of the High Court, the said application
has been disposed of.
14. Consequently, in view of the fact that we are
setting aside the impugned order of the High Court, the
application filed under Order XXXIX Rule 2A of the CPC
is restored on the file of the trial court.
15. The appeal is disposed of in the aforesaid terms.
Pending application(s), if any, shall stand
disposed of.
………………………………………………………J.
(B.V. NAGARATHNA)
………………………………………………………J.
(UJJAL BHUYAN)
NEW DELHI;
FEBRUARY 10, 2026
4
ITEM NO.46 COURT NO.3 SECTION XVI
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 68939/2025
[Arising out of impugned final judgment and order dated 03-09-2025
in CMJ No. 1711/2019 passed by the High Court of Judicature at
Patna]
HERO CYCLES LIMITED & ANOTHER Petitioner(s)
VERSUS
HERO ECOTECH LIMITED & OTHERS Respondent(s)
(FOR ADMISSION
IA No. 20748/2026 - APPLICATION FOR CONDONATION OF DELAY IN FILING
THE APPLICATION FOR SETTING ASIDE THE ABATEMENT
IA No. 20743/2026 - APPLICATION FOR SUBSTITUTION
IA No. 20740/2026 - CONDONATION OF DELAY IN REFILING / CURING THE
DEFECTS
IA No. 20742/2026 - PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES
IA No. 20745/2026 - PERMISSION TO FILE PETITION (SLP/TP/WP/..)
IA No. 20747/2026 - SETTING ASIDE AN ABATEMENT
Date : 10-02-2026 This matter was called on for hearing today.
CORAM :
HON'BLE MRS. JUSTICE B.V. NAGARATHNA
HON'BLE MR. JUSTICE UJJAL BHUYAN
For Petitioner(s) Dr. Abhishek Manu Singhvi, Sr. Adv.
Mr. Shyam Divan, Sr. Adv.
Mr. Manish Vashisht, Sr. Adv.
Mr. Avishkar Singhvi, Adv.
Mr. Durga Das Bhatla, Adv.
Mr. Ashutosh Nagar, AOR
Mr. Pushpindu Singh Sodhi, Adv.
Ms. Priyansha Sharma, Adv.
Mr. Aman Sharma, Adv.
Mr. Uditanshu Singh, Adv.
Mr. Navtej Singh, Adv.
Ms. Nidhi Jain, Adv.
Mr. Subhang Shankar Gogoi, Adv.
Mr. Vedansh Vashisht, Adv.
Ms. Anshika, Adv.
Ms. Saloni Bhatt, Adv.
For Respondent(s) Mr. Ramji Srinvivasan, Sr. Adv.
Mr. NPS Chawla, Adv.
Mr. Sujoy Datta, Adv.
Ms. Pragya Mishra, Adv.
5
Ms. Maulshree Pathak, AOR
Mr. Surekh Kant Baxy, Adv.
Ms. Kinjal Goyal, Adv.
Mr. Jasjeet Singh, Adv.
Ms. Aashi Yadav, Adv.
Ms. Shefali Munde, Adv.
Mr. Arjun Bhatia, Adv.
Mr. Ramji Srinivasan, Sr. Adv.
Mr. NPS Chawla, Adv.
Mr. Sujoy Datta, AOR
Mr. Surekh Kant, Adv.
Ms. Pragya,
Ms. Kinjal Goyal, Adv.
Ms. Sufali Munde, Adv.
Mr. Arjun Bhatia, Adv.
Ms. Sashi, Adv.
UPON hearing the counsel the Court made the following
O R D E R
1. Delay in refiling is condoned.
2. Applications for (i) permission to file the petition;
(ii) condonation of delay in filing the application for
setting aside the abatement; (iii) setting aside the
abatement; and (iv) substitution, are allowed.
3. Issue notice to the respondents.
4. Learned counsel, Mr. Sujoy Datta, AOR accepts notice
for respondent Nos.1 and 2/caveator.
5. Leave granted.
6. The appeal is disposed of in terms of the signed non-
reportable judgment which is placed on the file.
7. Pending application(s), if any, shall stand disposed
of.
(RADHA SHARMA) (DIVYA BABBAR)
ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)
6
2026 INSC 169
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.1478 OF 2026
(Arising out of SLP (Civil) No.6146 OF 2026
arising out of Diary No.68939 of 2025)
HERO CYCLES LIMITED & ANOTHER APPELLANT(S)
VERSUS
HERO ECOTECH LIMITED & OTHERS RESPONDENT(S)
J U D G M E N T
NAGARATHNA, J.
Delay in refiling is condoned.
2. Applications for (i) permission to file the petition;
(ii) condonation of delay in filing the application for
setting aside the abatement; (iii) setting aside the
abatement; and (iv) substitution, are allowed.
3. Issue notice to the respondents.
4. Learned counsel, Mr. Sujoy Datta, AOR accepts notice
Signature Not Verified
Digitally signed by
RADHA SHARMA
Date: 2026.02.19
10:44:57 IST
Reason:
for respondent Nos.1 and 2/caveator.
1
5. Leave granted.
6. This appeal is filed against the final judgment and
order dated 03.09.2025 passed by the High Court of
Judicature at Patna in Civil Misc. Jurisdiction Case
No.1711 of 2019.
7. We have heard learned senior counsel for the
appellants and learned senior counsel for the respondents.
8. The main grievance of the appellants is with regard
to the setting aside of the order dated 07.09.2019
passed by the trial court in Title Suit No.5031/2014.
For ease of reference, the relevant portion of the order
dated 07.09.2019 is extracted as under:
“21. In view of the aforesaid discussions, the
documents placed by the parties concerned and the
submissions advanced by the respective learned
counsels appearing on behalf the Plaintiffs and the
Defendants, the Court is of the view that a
contempt proceedings be initiated against the
Defendants and the parties are directed to led
evidence from their sides.
22. Office is directed to open a separate record
for trial of the contempt proceeding. The trial of
the contempt proceeding will proceed independently
from Title Suit No.5031/2014. Both parties are
further directed to make sincere efforts for early
disposal of Title Suit No.5031/2014.”
2
9. Learned senior counsel for the respondents
submitted that the trial court did not adjudicate the
application filed under Order XXXIX Rule 2A read with
Section 151 of the Code of Civil Procedure, 1908 (for
short “CPC”) in accordance with law. Hence, the
respondents were constrained to file the revision
application under Article 227 of the Constitution of
India before the High Court which has rightly set aside
the order dated 07.09.2019 passed by the trial court.
10. On hearing the learned senior counsel for the
respective parties and on perusal of the material on
record, we note that the trial court had to adjudicate
the application filed under Order XXXIX Rule 2A of the
CPC in accordance with law.
11. In case the applicants who filed the said
application(s) seek an inquiry into the matter, then
both sides ought to be granted a reasonable opportunity
in the inquiry to be conducted in case the said inquiry
has not yet been completed.
12. In the circumstances, the impugned order of the High
Court dated 03.09.2025 as well as the order of the
trial court dated 07.09.2019 are set aside.
3
13. It is stated at the bar that pursuant to the
impugned order of the High Court, the said application
has been disposed of.
14. Consequently, in view of the fact that we are
setting aside the impugned order of the High Court, the
application filed under Order XXXIX Rule 2A of the CPC
is restored on the file of the trial court.
15. The appeal is disposed of in the aforesaid terms.
Pending application(s), if any, shall stand
disposed of.
………………………………………………………J.
(B.V. NAGARATHNA)
………………………………………………………J.
(UJJAL BHUYAN)
NEW DELHI;
FEBRUARY 10, 2026
4
ITEM NO.46 COURT NO.3 SECTION XVI
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 68939/2025
[Arising out of impugned final judgment and order dated 03-09-2025
in CMJ No. 1711/2019 passed by the High Court of Judicature at
Patna]
HERO CYCLES LIMITED & ANOTHER Petitioner(s)
VERSUS
HERO ECOTECH LIMITED & OTHERS Respondent(s)
(FOR ADMISSION
IA No. 20748/2026 - APPLICATION FOR CONDONATION OF DELAY IN FILING
THE APPLICATION FOR SETTING ASIDE THE ABATEMENT
IA No. 20743/2026 - APPLICATION FOR SUBSTITUTION
IA No. 20740/2026 - CONDONATION OF DELAY IN REFILING / CURING THE
DEFECTS
IA No. 20742/2026 - PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES
IA No. 20745/2026 - PERMISSION TO FILE PETITION (SLP/TP/WP/..)
IA No. 20747/2026 - SETTING ASIDE AN ABATEMENT
Date : 10-02-2026 This matter was called on for hearing today.
CORAM :
HON'BLE MRS. JUSTICE B.V. NAGARATHNA
HON'BLE MR. JUSTICE UJJAL BHUYAN
For Petitioner(s) Dr. Abhishek Manu Singhvi, Sr. Adv.
Mr. Shyam Divan, Sr. Adv.
Mr. Manish Vashisht, Sr. Adv.
Mr. Avishkar Singhvi, Adv.
Mr. Durga Das Bhatla, Adv.
Mr. Ashutosh Nagar, AOR
Mr. Pushpindu Singh Sodhi, Adv.
Ms. Priyansha Sharma, Adv.
Mr. Aman Sharma, Adv.
Mr. Uditanshu Singh, Adv.
Mr. Navtej Singh, Adv.
Ms. Nidhi Jain, Adv.
Mr. Subhang Shankar Gogoi, Adv.
Mr. Vedansh Vashisht, Adv.
Ms. Anshika, Adv.
Ms. Saloni Bhatt, Adv.
For Respondent(s) Mr. Ramji Srinvivasan, Sr. Adv.
Mr. NPS Chawla, Adv.
Mr. Sujoy Datta, Adv.
Ms. Pragya Mishra, Adv.
5
Ms. Maulshree Pathak, AOR
Mr. Surekh Kant Baxy, Adv.
Ms. Kinjal Goyal, Adv.
Mr. Jasjeet Singh, Adv.
Ms. Aashi Yadav, Adv.
Ms. Shefali Munde, Adv.
Mr. Arjun Bhatia, Adv.
Mr. Ramji Srinivasan, Sr. Adv.
Mr. NPS Chawla, Adv.
Mr. Sujoy Datta, AOR
Mr. Surekh Kant, Adv.
Ms. Pragya,
Ms. Kinjal Goyal, Adv.
Ms. Sufali Munde, Adv.
Mr. Arjun Bhatia, Adv.
Ms. Sashi, Adv.
UPON hearing the counsel the Court made the following
O R D E R
1. Delay in refiling is condoned.
2. Applications for (i) permission to file the petition;
(ii) condonation of delay in filing the application for
setting aside the abatement; (iii) setting aside the
abatement; and (iv) substitution, are allowed.
3. Issue notice to the respondents.
4. Learned counsel, Mr. Sujoy Datta, AOR accepts notice
for respondent Nos.1 and 2/caveator.
5. Leave granted.
6. The appeal is disposed of in terms of the signed non-
reportable judgment which is placed on the file.
7. Pending application(s), if any, shall stand disposed
of.
(RADHA SHARMA) (DIVYA BABBAR)
ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)
6