Full Judgment Text
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
Civil Appeal Nos.4683-4685 of 2008
(arising out of SLP (C) No. 5786-5788 of 2008)
M/s. Mahesh Udyog and Anr. …Appellant(s)
VERSUS
Agriculture Produce Market Committee, UNA & Anr. …Respondents
O R D E R
1. Leave granted.
2. In these appeals, M/s. Mahesh Udyog & Anr. have
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challenged an interim order dated 8 of January,2008 in C.M.P.
No. 2666 of 2007, which arose out of C.W.P.No. 1669 of 2007,
passed by the Division Bench of the High Court of Himachal
Pradesh at Shimla. While issuing notice, this Court passed the
following order:-
“Delay condoned. Issue notice, returnable within
two weeks, on the special leave petition as well as
on the prayer for interim relief. Dasti, in addition,
is permitted. However, we keep on record that Mr.
P.P. Rao, learned Senior Counsel appearing for
the petitioners submits before us that although the
Bank Guarantee was furnished, it was not
accepted because of delay in submission of the
same.”
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3. Mr. Rao, learned senior counsel appearing for the
appellants, submitted before us that the Bank Guarantee in
question has already been furnished by the appellants. The
learned counsel appearing for the respondents could not
dispute this factual position.
4. Having heard the learned counsel appearing for the
parties and after going through the impugned order, we are of
the view that since the Writ Petition itself is pending final
adjudication before the High Court, only order that can be
passed in this appeal is to request the High Court to dispose of
the same at an early date preferably within three months from
the date of communication of this order, without being
influenced by any order passed by this Court and that, till the
disposal of the Writ Petition by the High Court, direction to
deposit penalty amount by the authorities shall remain stayed.
5. With this direction, the appeals are disposed of. There
shall be no order as to costs.
6. We make it clear that we have not gone into the merits of
the Writ Petition, which shall be decided by the High Court in
accordance with law.
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…
………………….J.
[TARUN CHATTERJEE]
New Delhi; ……………………J.
July 25, 2008. [AFTAB ALAM]
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