NATIONAL COMMODITIES MANAGEMENT SERVICES LIMITED VS. R. PARTHASARATHY

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NOS. OF 2026

(Arising out of SLP (C) Nos.23462-23463 of 2026)

NATIONAL COMMODITIES MANAGEMENT SERVICES LIMITED APPELLANT(s)

VERSUS

R. PARTHASARATHY RESPONDENT(s)

O R D E R

Heard Mr. Navin Pahwa, learned Senior Counsel for the

appellant and Mr. V. Chitambresh, learned Senior Counsel for the

respondent who has appeared on caveat.

2. With the consent of both the parties, the matters have been

heard finally.

3. Leave granted.

4. The present appeals challenge the interim orders dated

11.03.2026 and 23.03.2026 passed by the High Court of Bombay by

which the appellant has been directed to deposit the entire

principal decretal amount together with interest @ 12% p.a.

5. Learned Senior Counsel for the appellant submits that he is

ready to furnish a bank guarantee. It was submitted that even

on facts, the appellant cannot be fastened with the liability

for the decretal amount, as it was acting only as an agent for

the Bank and upon instruction from the Bank, the material/stock

had been sold and the money received was deposited with the

Bank.

6. Learned Senior Counsel for the respondent disputed the

factual position and initially opposed the prayer of the

learned Senior Counsel for the appellant for being allowed to

submit bank guarantee. However, in order to facilitate early

disposal of the main petition which is pending before the High

Court, he does not object to the appellant furnishing a bank

guarantee of the amount, in terms of the impugned order and

agreed to the same.

7. Accordingly, the appeals stand disposed of by modifying the

order impugned to the extent that instead of depositing the

amount in cash, the same shall be secured by the appellant

furnishing a bank guarantee in terms of para 7 of the impugned

order dated 11.03.2026 which shall be furnished to the

Registrar (Judicial) of the High Court in terms of the impugned

order dated 23.03.2026.

8. It goes without saying that the said bank guarantee would

be kept alive till the disposal of the appeal subject to any

modification thereof by the Court concerned.

9. In the meantime, steps be taken by the parties to expedite

the appeal.

10. Pending application(s), if any, shall also stand disposed

of.

.......................J.

(AHSANUDDIN AMANULLAH)

.......................J.

(MANMOHAN)

NEW DELHI

AUGUST 07, 2026.

ITEM NO.7 COURT NO.10 SECTION IX

S U P R E M E C O U R T O F I N D I A

RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s). 23462-

23463/2026

[Arising out of impugned final judgment and order dated 11-03-

2026 in IA No. 13097/2025 23-03-2026 in IA No. 13097/2025 passed

by the High Court of Judicature at Bombay]

NATIONAL COMMODITIES MANAGEMENT SERVICES LIMITED Petitioner(s)

VERSUS

R. PARTHASARATHY Respondent(s)

IA No. 196244/2026 - EXEMPTION FROM FILING C/C OF THE IMPUGNED

JUDGMENT

IA No. 199446/2026 - PERMISSION TO FILE ADDITIONAL

DOCUMENTS/FACTS/ANNEXURES

Date : 07-08-2026 This matter was called for hearing today.

CORAM : HON'BLE MR. JUSTICE AHSANUDDIN AMANULLAH

HON'BLE MR. JUSTICE MANMOHAN

For Petitioner(s) :M/S. K Ashar & Co., AoR

Mr. Navin Pahwa, Sr. Adv.

Mr. Abhishek Singh, Adv.

For Respondent(s) :Mr. V. Chitambresh, Sr. Adv.

Mr. Gagan Gupta, Sr. Adv.

Mr. Shiv Kumar, Adv.

Ms. Vaishnavi, Adv.

Ms. Nishtha Kumar, AoR

Mr. Gaurav Nair, Adv.

Ms. Veera Mathai, Adv.

Ms. Bhairavi Sn, Adv.

Mr. Shrom Sethi, Adv.

O R D E R

Leave granted.

2. Appeals stand disposed of in terms of the signed order

placed on the file.

3. Pending application(s), if any, shall stand disposed of.

(SACHIN KUMAR SRIVASTAVA) (POOJA KOHLI)

COURT MASTER (SH) COURT MASTER (NSH)