Hero Cycles Limited & Another v. Hero Ecotech Limited 2026 INSC 169 - Order XXXIX Rule 2A CPC

Code of Civil Procedure 1908 - Order XXXIX Rule 2A

Code of Civil Procedure 1908 - Order XXXIX Rule 2A - While setting aside High Court order, SC observed: Application filed under Order XXXIX Rule 2A of the CPC in accordance with law - 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. (Para 10)

Case Info

Here’s the extracted information from the judgment:


Basic Details


Case name: Hero Cycles Limited & Another v. Hero Ecotech Limited & Others


Neutral citation: 2026 INSC 169


Coram:Hon’ble Mrs. Justice B.V. NagarathnaHon’ble Mr. Justice Ujjal Bhuyan


Judgment date: 10 February 2026


Caselaws and citations


The text of the judgment provided does not reproduce or refer to any other case law or judicial precedents. There are no reported citations to other decisions in the extracted pages.


Statutes / laws referred


The judgment specifically refers to:

  • Order XXXIX Rule 2A of the Code of Civil Procedure, 1908 (CPC)
  • Section 151 of the Code of Civil Procedure, 1908 (CPC)
  • Article 227 of the Constitution of India

Brief summary (three sentences)


The appeal arose from a Patna High Court order that had set aside a trial court order initiating contempt proceedings in a pending title suit between the parties. The Supreme Court held that the trial court was required to adjudicate the application under Order XXXIX Rule 2A CPC in accordance with law and, if an inquiry was sought, to afford reasonable opportunity to both sides in that inquiry. Accordingly, the Court set aside both the High Court’s order dated 03.09.2025 and the trial court’s order dated 07.09.2019, and restored the application under Order XXXIX Rule 2A CPC to the trial court’s file for fresh consideration.