Full Judgment Text
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 6525 OF 2004
INDIAN OIL CORPORATION LTD. .......APPELLANT
Versus
ALL INDIA TEA & TRADING CO. &
ORS.
.....RESPONDENTS
O R D E R
The appellant filed an appeal before the
Guwahati High Court challenging the quantum of compensation
awarded to the first respondent. In the said appeal, the
High Court on 4.4.2003 made an interim order staying the
operation of the award subject to the appellant depositing
a sum of Rupees sixty lakhs within two months, in addition
to the sum of about Rupees thirty lakhs which was already
received by the first respondent. The said order is
challenged in this appeal by special leave.
2. On 19.5.2003, interim stay was granted by
this Court while directing notice. It was ordered that the
notice should indicate that the first respondent should
either furnish security for the said sum of Rs. Sixty lakhs
or accept only Rupees thirty lakhs without security.
.....2.
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3. On 25.8.2003, this Court directed the
appellant to deposit Rupees thirty lakhs within two weeks
with permission to the first respondent to withdraw the
said amount without furnishing any security. The appellant
informs that the said sum of Rupees thirty lakhs has
already been deposited by the appellant and withdrawn by
the first respondent.
4. On 31.10.2003, this Court further directed
the appellant to deposit the remaining sum of Rupees thirty
lakhs with the condition that the sum may be paid to the
first respondent on furnishing a bank guarantee to the
satisfaction of the High Court. It is stated that the
appellant deposited the said sum also, but as the first
respondent did not give security for the said sum of Rupees
thirty lakhs, as per further order of this Court dated
22.7.2005, the said amount was refunded by the High Court
to the appellant.
5. In view of the above, nothing survives in
this appeal. All that has to be done is to dispose of the
appeal in terms of the interim orders already made.
Accordingly, we allow the appeal in part and modify the
interim order of the High Court by directing that the
deposit to be made was
.......3.
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only Rs.30 lakhs and that was made by the appellant and
withdrawn by the first respondent. Nothing more requires to
be deposited.
6. As the matter relates to an acquisition of
1989 and the appeal itself has been pending before the High
Court for about eight years, we request the High Court to
dispose of the appeal expeditiously preferably within three
months.
......................J.
( R.V. RAVEENDRAN
)
New Delhi; ......................J.
October 21, 2010. ( H.L. GOKHALE )