Full Judgment Text
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CASE NO.:
Appeal (civil) 3656 of 2006
PETITIONER:
M/s. Abdul Gaffar Abdul Rehman
RESPONDENT:
M/s.Shivnath Rai Harnarain (I) Ltd.& Anr.
DATE OF JUDGMENT: 24/08/2006
BENCH:
Dr. AR. LAKSHMANAN & TARUN CHATTERJEE
JUDGMENT:
JUDGMENT
(@ SLP(C)NO.21127 of 2004)
With
CIVIL APPEAL NO.3657 OF 2006
(@ SLP(C)NO.2081-2082 of 2005)
Dr. AR. Lakshmanan, J.
Leave granted.
Heard learned Senior counsel on either side.
CIVIL APPEAL NO.3656 OF 2006
(@ SLP(C)NO.21127 of 2004)
This Appeal was filed by M/s. Abdul Gaffar Abdul
Rehman against the interim order dated 18.3.2004 passed by the
High Court of Delhi in I.A. No.10382 of 2003 in OMP No.300 of
2001. By the said order, the High Court ordered that the
consignment in question be sold at the Atari Border itself
through the Chief Commercial Manager, Northern Railway in
accordance with Railways’ rules and regulations regarding
public auctions of such goods and the entire sale proceeds be
deposited in the High Court. The High Court made it clear that
the order would be without prejudice to the pleas of the parties
in regard to their claims over the consignment in question.
Though this order was passed on 18th March, 2004, the instant
special leave petition was filed in this Court by the appellant
only on 24th August, 2004. It is now stated that in the meanwhile
the consignment was auctioned and a sum or Rs.1,95,30,000/-
was realised as sale proceeds. Since goods have already been
sold by complying with the direction of the High Court the
appeal has become infructuous and no relief can be granted to
the appellant in this Civil Appeal No.3656 of 2006 (@
SLP(C)NO.21127 of 2004). We, therefore, dispose of the same in
view of change in the circumstances, confirming our order
dated 1st October, 2004 by which this Court directed the amount
to be deposited in the High Court pursuant to the auction sale
should not be disbursed.
CIVIL APPEAL NO.3657 OF 2006
(@ SLP(C)NO.2081-2082 of 2005)
This appeal was again filed by M/s. Abdul Gaffar Abdul
Rehman against the interim order dated 24.9.2004 passed by the
High Court of Delhi in I.A. Nos.3966 & 6239 of 2004 in OMP
No.300 of 2001. By the said order the High Court, after hearing
all the respective parties, allowed the application filed by M/s.
Shivnath Rai Harnarain (I) Ltd. for payment of excise and other
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dues. By the said order, the Registry of the High Court was
directed to prepare two cheques, one in the sum of
Rs.19,70,064/- in the name of the Excise Department,
Yamunagar and another for Rs.2,33,800/- in the name of the
Excise Department, Dehradun. The High Court also made it
clear that the payment will be without prejudice to the rights
and pleas of the parties in regard to their respective claims.
This Court by interim order dated 7.2.2005, after
issuing notice in the special leave petition, ordered
impleadment of the Commissioner of Excise, Yamuna Nagar
and Commissioner of Excise, Dehradun, in whose favour the
directions have been made by the High Court to issue cheques
for payment of excise duty. Notice was also ordered to the
impleaded party. In the meanwhile, this Court stayhed the
operation of order dated 24th September, 2004.
The matter was argued by Mr. Kailash Vasdev, learned
Senior Counsel for the appellant and Dr. A.M. Singhvi, learned
Senior Counsel for the respondents at length. Since the main
matter filed under Section 9 of the Arbitration & Conciliation Act
is pending before the High Court, we are not inclined to
consider the arguments advanced by the learned Senior
Counsel on merits at this stage. The proper course, in our
opinion, would be to request the High Court to dispose of the
Section 9 application at the earliest. Since the matter is
pending in the High Court from October, 2001, we request the
High Court to dispose of the Section 9 application as
expeditiously as possible at any rate not later than 30th
November, 2006. We make it clear that we are not expressing
any opinion on the merits of the rival claims including the
claims of the Excise and Railways. It is open to those parties to
approach the High Court for appropriate relief. The stay
granted by this Court in regard to disbursement of the amount
shall be in force till the disposal of the Section 9 application.
The liberty is reserved to all parties to approach the High Court
for expeditious disposal and for other directions, if any.
The appeals are accordingly disposed of with no orders
as to costs.