Full Judgment Text
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NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 12071 OF 2016
[@ SPECIAL LEAVE PETITION (C) NO. 35577 OF 2016 ]
CENTURY 21 MALLS PVT LTD Appellant(s)
VERSUS
STATE OF MADHYA PRADESH AND ANR. Respondent(s)
J U D G M E N T
KURIAN, J.
1. Leave granted.
2. The short issue that arises for consideration in
this case is whether the High Court was justified in
not granting an interim order, as was granted in
other cases pending before it. It is seen that in
the impugned order, the High Court has referred to in
detail as to why the departure has been made.
JUDGMENT
3. Be that as it may, the High Court has stayed the
penalty since even according to the High Court,
penalty could not have been imposed without granting
an opportunity for hearing. Since the connected
matters are pending before the High Court, we refrain
ourselves from making any observation on the merits
of the matter.
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4. We dispose of this appeal permitting the
appellant to deposit 50% of the demand minus penalty
within a period of ten weeks from today. As far as
the balance 50% is concerned, the appellant shall
give an undertaking before the High Court, as given
by the other writ petitioners before the High Court.
5. To the above extent, the impugned order stands
modified. We request the High Court to dispose of
the writ petitions expeditiously.
6. Needless to say that the observations made in the
impugned order are only prima facie views for the
purpose of interim order and shall have no bearing
when the writ petitions are finally disposed of.
No costs.
.......................J.
[ KURIAN JOSEPH ]
JUDGMENT
.......................J.
[ ROHINTON FALI NARIMAN ]
New Delhi;
December 14, 2016.
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