[2009] 1 S.C.R. 771
SAHARA INDIA COMMERCIAL CORPN. LTD.
A
1(
v.
'
B. JEEJEEBHOY VAKHARIA AND ORS.
(Civil Appeal No. 725 of 2009)
FEBRUARY 5, 2009
B
[DR. ARJIT PASAYAT AND ASOK KUMAR
GANGUL Y, JJ.]
+"
Constitution of India, 1950 - Article 136 - Direction c
issued - For early disposal of suit pending before High Court
and of appeal filed against the order passe in chamber
summons.
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 725
of 2009.
D
From the final Judgment and Order dated 11.6.2008 and
12.6.2008 of the High Court of Judicature at Bombay in Appeal
No. 496 of 2007 in Notice of Motion No. 3950 of 2005 in Suit
No. 3376 of 2005.
E
WITH
C.A. Nos. 726 & 727 of 2009
F.S. Nariman, Arun Jaitley, V.A. Bobde, Ravi Shankar F
Prasad, H.N. Salve, U.U. Lalit, Mukul Rohtagi, Rajiv Dhawan
and Altaf Ahmad, K.K. Lahiri, M. Gandhi , Gaurav Joshi, Satyam
Vora, S.B. Maheshwari, P.S. Sudheer, Shally Bhasin
Maheshwari, Keshav Mohan, Akhil Anand, Rishi Maheshwari,
Anne Mathew, Megha Mukherjee, Suman Jyoti Khaitan, Dhiman G
Thakkar, Mohd. Akram, Ruby Singh Ahuja, Abir Kumar, Simran
Brar, Pragya Ohri, Manik Karanjawala, Sidhartha Chowdhury,
-~
Meenakshi Grover, Bhargava V. Desai, Rahul Gupta, Reema
Sharma and Kishore Jain for the appearing parties.
771
H
772
SUPREME COURT REPORTS
[2009] 1 S.C.R.
A
The Judgment of the Court was delivered by
DR. ARIJIT PASAYAT, J.1. Leave granted.
B
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
c
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
0
11.12 .2008 of the Division bench and observations
and findings of the judgment of learned Single
Judge dated 4.6.2007.
E
F
G
H
(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 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
SAHARA INDIA COMMERCIAL CORPN. LID. v. 8.
773
JEEJEEBHOY VAKHARIA AND ORS. [DR. ARJIT PASA YAT, J.]
-..~
disposed of within one month, liberty is given to defendant
A
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.
B
4. The appeals are accordingly disposed of.
K.K.T.
Appeals disposed of.
Lex