Full Judgment Text
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NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 4981 OF 2016
[@SPECIAL LEAVE PETITION (C) NO. 28555 OF 2013]
M/S.JEWELLERS KHANNA SONS Appellant (s)
VERSUS
NARESH MITTAL & ORS. Respondent(s)
J U D G M E N T
KURIAN, J.
1. Leave granted.
2. The appellant is before this Court, aggrieved by
an interim order passed by the High Court of Punjab
and Haryana at Chandigarh in Civil Revision Petition
No. 6863 of 2009, whereby the High Court fixed the
mesne profits at the rate of Rs. 1,00,000/- per month
by way of interim measure.
3. When the matter came up before this Court, an
interim order was passed on 20.09.2013 staying the
JUDGMENT
impugned order on condition that the appellant
deposits an amount of Rs. 50,000/- per month with
effect from 24.09.2009. However, it is pointed out
by Mr. Dhruv Mehta, learned senior counsel appearing
for the petitioner, that the actual application for
enhancement of mesne profits was dated 19.12.2011.
4. We have also heard Mr. V. Giri, learned senior
counsel appearing for the respondents. In our
opinion, since Civil Revision Petition is itself to
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be disposed of by the High Court, we dispose of this
appeal making it clear that the interim order passed
by the High Court will stand substituted in
modification also by our order dated 20.09.2013 as
follows :-
"With effect from 19.12.2011, the appellant shall
deposit mesne profits at the rate of Rs. 50,000/- per
month by way of an interim measure."
5. We request the High Court to dispose of the Civil
Revision Petition expeditiously and preferably within
a period of six months from today.
6. We make it clear that it will be open to the
respondents to move the High Court for withdrawal of
the amounts due to them and deposited before the High
Court.
7. We make it clear that the deposit of Rs. 50,000/-
per month will be continued to be made till the
JUDGMENT
matter is finally disposed of by the High Court.
Needless also to say that any excess remittance
already made will be adjusted towards further
payments.
No costs.
.......................J.
[ KURIAN JOSEPH ]
.......................J.
[ ROHINTON FALI NARIMAN ]
New Delhi;
May 09, 2016.
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