Sankar Padam Thapa vs Vijaykumar Dineshchandra Agarwal

insc-2025-1210 Supreme Court of India 9 October 2025 • 37 min read
23 cases cited (0 SG, 23 foreign) Cited by 1 case

Practice Areas

Judges (2)

Parties (2)

Case Significance

Sankar Padam Thapa vs Vijaykumar Dineshchandra Agarwal is a Supreme Court of India decision dated October 9, 2025 (citation: insc-2025-1210). Appeal concerning whether a complaint under the Negotiable Instruments Act is maintainable against the Chairman of a Trust when the Trust itself was not made an accused. The Supreme Court addressed the conflict between co-equal bench decisions on whether a Trust must be named as an accused for proceedings against its trustees to be valid. The bench comprised Justices Ahsanuddin Amanullah and Prashant Kumar Mishra. The judgment was delivered by Justice Ahsanuddin Amanullah.

This case has been cited by 1 subsequent judgment. The judgment references 23 case citations.

Summary

Appeal concerning whether a complaint under the Negotiable Instruments Act is maintainable against the Chairman of a Trust when the Trust itself was not made an accused. The Supreme Court addressed the conflict between co-equal bench decisions on whether a Trust must be named as an accused for proceedings against its trustees to be valid.

What was the outcome of Sankar Padam Thapa vs Vijaykumar Dineshchandra Agarwal?

Appeal concerning whether a complaint under the Negotiable Instruments Act is maintainable against the Chairman of a Trust when the Trust itself was not made an accused. The Supreme Court addressed th...

Statutes Cited

Cases Cited (23)

UK (1)
[1897] AC 22
IN (22)
(1971) 3 SCC 189 (1981) 2 SCC 335 (2002) 7 SCC 655 (2005) 8 SCC 89 (2008) 8 SCC 505 (2009) 10 SCC 48 (2010) 3 SCC 330 (2012) 5 SCC 661 (2013) 8 SCC 71 (2017) 16 SCC 680 (2017) 3 SCC 712 (2019) 3 SCC 797 (2022) 10 SCC 152 (2023) 10 SCC 685 (2025) 3 SCC 80 2022 SCC OnLine SC 1598 2022 SCC OnLine SC 579 2023 SCC OnLine SC 1140 2025 INSC 1210 2025 SCC OnLine SC 1033 2025 SCC OnLine SC 447 AIR 1968 Guj 184

Cited By (1)

Judgment

Read the full judgment on the official India Courts portal.

Read on Indian Kanoon

Source: Indian Kanoon (insc-2025-1210)