Full Judgment Text
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. OF 2009
(Arising out of SLP (C) No. 15654 of 2008)
Sahara India Commercial Corpn. Ltd. ..Appellant
Versus
B. Jeejeebhoy Vakharia and Ors. ..Respondents
WITH
Civil Appeal No. /2009
(Arising out of SLP (C) No. 19366 of 2008)
Civil Appeal No. /2009
(Arising out of SLP (C) No.19520 of 2008)
J U D G M E N T
Dr. ARIJIT PASAYAT, J.
1. Leave granted.
2. Though many points were urged in support of the appeals we dispose
of the appeals with the following directions:
(i) Let the suit No.3376 of 2005 on the file of the Bombay High
Court be disposed of as expeditiously as possible preferably
within a period of three months from today. We request the
Hon’ble Chief Justice of Bombay High Court to pass necessary
orders in the matter and direct the matter to be placed before an
appropriate Bench. The suit shall be decided uninfluenced by
any observations or findings in the impugned judgment dated
11.12.2008 of the Division bench and observations and
findings of the judgment of learned Single Judge dated
4.6.2007.
(ii) To expedite the disposal of the suit oral evidence may be
directed to be taken on affidavit and/or on commission as
provided in the Code of Civil Procedure, 1908 (in short the
‘Code’). The filing of documents, admission and denial thereof
and framing of issues shall be completed within one month
from today.
(iii) It appears that the plaintiff had filed an appeal (L) No.409 of
2009 against the order dated 24.6.2008 on Chamber Summons
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No.587 of 2007. The same shall be disposed of as
expeditiously as possible preferably within a period of one
month from today.
3. It is submitted that by virtue of the order passed on the Chamber
Summons on 24.6.2008, a learned Judge has observed that the suit is not
maintainable against defendant No.4. Since we have directed appeal against
this order to be disposed of within one month, liberty is given to defendant
No.4 to apply for variation and discharge of the undertaking upon disposal
of the appeal in its favour. The Appeal Court will dispose of the said appeal
uninfluenced by undertaking given by respondent No.4 herein. It is made
clear that we have expressed no opinion on the merits of the case.
4. The appeals are accordingly disposed of.
………………………………….J.
(Dr. ARIJIT PASAYAT)
………………………………….J.
(ASOK KUMAR GANGULY)
New Delhi,
February 05, 2009
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