# In the matter of Mangesh Vitthal Kekre, RP of Indian Soya Industries Private Limited vs. Madhya Pradesh Government Micro Small and Medium Industries Department Bhopal and Others

> HC judgment dated 2025-04-22. Citation: TCN-2025-HC-00016. The writ petition challenges the order dated 26.08.2021 passed by respondent No.3 canceling the…

- **Court:** HC
- **Order date:** 22 Apr 2025
- **Citation:** TCN-2025-HC-00016
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/high-courts-new-delhi/mangesh-vitthal-kekre-rp-of-indian-soya-industries-private-limited-vs-madhya-pra-a7ae8920

## Summary

### Background

The writ petition challenges the order dated 26.08.2021 passed by respondent No.3 canceling the terminating lease, the order dated 04.02.2022 passed by the Industries Commissioner as per Rule 44 of MP MSME Industrial Land, Building Allotment and Management Rules, 2001, and the order dated 11.07.2022 passed by the Second Appellate Authority under the aforesaid rules i.e. the Secretary of the said Department.

## Facts

Mangesh Vitthal Kekre, the Resolution Professional of M/S Indian Soya Industries Private Limited, filed a writ petition challenging three orders: (1) the order dated 26.08.2021 canceling the terminating lease, (2) the order dated 04.02.2022 passed by the Industries Commissioner under the MP MSME Industrial Land, Building Allotment and Management Rules, 2001, and (3) the order dated 11.07.2022 passed by the Second Appellate Authority. The petitioner argued that the same person decided both the first and second appeals, violating the principles of natural justice. The respondents did not dispute that the same person decided both appeals but argued that they were decided in different capacities. The court noted an interim order dated 03.01.2023, directing no coercive

…

## Issues and analysis

### Issue 1: Whether the same person can decide both the first appeal as the Industries Commissioner and the …

**Ratio:** The principle of natural justice dictates that no one should be a judge in their own

…

**Reasoning:** The court reasoned that the same person deciding both the first and second appeals, even

…

**Interpretation:** The court interpreted the principle of natural justice to mean that a person

…

**Application:** In this case, the court applied the principle of natural justice by holding

…

## Parties

- **Judges:** Vijay Kumar…; Duppala Venkata…
- **Appellants:** Mangesh Vitthal…
- **Respondents:** Indian Soya…; Madhya Pradesh…
- **Other parties:** Kohi…

## Timeline

- **2021-08-26 — Order by Respondent No.…**: Order passed by respondent No.3 canceling…
- **2022-02-04 — Order by Industries…**: Order passed by the Industries Commissioner as per Rule 44 of MP MSME Industrial Land,…

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/high-courts-new-delhi/mangesh-vitthal-kekre-rp-of-indian-soya-industries-private-limited-vs-madhya-pra-a7ae8920