Full Judgment Text
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.3479 OF 2009
(Arising out of S.L.P. (C) No.24664 of 2005)
European Investment Limited ...Appellant(s)
Versus
Triumph International National Finance
India Ltd. & Ors. ...Respondent(s)
O R D E R
Leave granted.
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By an order dated 5 March, 2004 passed in Contempt Petition No.88 of
2002, the learned Single Judge held respondent Nos.1-4 herein guilty of contempt of
court on the premise that they willfully violated the undertaking given to the Court on
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29 January, 2002 in Summary Suit No.3846 of 2001 and willfully disobeyed the
order passed thereon and sentenced them to pay fine of Rupees two thousand and
directed them to pay entire dues within a period of twelve weeks, failing which they
were required to undergo civil imprisonment for a period of two months. Against the
said order, when the matter was taken in appeal, the Division Bench of the High
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Court, while entertaining the appeal, passed an interim order dated 10 May, 2004,
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which was modified by the impugned order dated 20 July, 2005 and a direction was
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issued that interim order dated 10 May, 2004 shall remain operative subject to the
certain conditions. Against the said order, the present appeal has been filed.
...2/-
- 2 -
Having heard learned counsel for the parties and perused the records, we
are of the view that it was not a fit case in which the Division Bench should have
passed interim orders in favour of the respondents ignoring the fact that they had
consented to the order passed by the learned Single Judge in the summary suit.
The civil appeal is, accordingly, allowed and impugned order passed by the
High Court is set aside. We may, however, observe that this order shall not in any
manner affect the case of the respondents in appeal.
......................J.
[B.N. AGRAWAL]
......................J.
[G.S. SINGHVI]
New Delhi,
May 11, 2009.