CENTURY 21 MALLS PVT LTD Vs. STATE OF MADHYA PRADESH AND ANR.

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Civil), 12071 of 2016, Judgment Date: Dec 14, 2016

                                                              NON-REPORTABLE

                        IN THE SUPREME COURT OF INDIA
                        CIVIL APPELLATE JURISDICTION

                       CIVIL APPEAL NO. 12071 OF 2016
              [@ SPECIAL LEAVE PETITION (C) NO. 35577 OF 2016 ]


      CENTURY 21 MALLS PVT LTD                       Appellant(s)

                                   VERSUS

      STATE OF MADHYA PRADESH AND ANR.              Respondent(s)

                               J U D G M E N T

KURIAN, J.

1.    Leave granted.

2.    The short issue that arises for consideration in this case is  whether
the High Court was justified in  not  granting  an  interim  order,  as  was
granted in other cases pending before it.  It is seen that in  the  impugned
order, the High Court has referred to in detail as to why the departure  has
been made.

3.    Be that as it may, the High Court has stayed the  penalty  since  even
according to the High Court, penalty could not  have  been  imposed  without
granting an opportunity  for  hearing.   Since  the  connected  matters  are
pending before  the  High  Court,  we  refrain  ourselves  from  making  any
observation on the merits of the matter.

4.    We dispose of this appeal permitting the appellant to deposit  50%  of
the demand minus penalty within a period of four weeks from today.   As  far
as the balance 50% is concerned, the appellant  shall  give  an  undertaking
before the High Court, as given by the other  writ  petitioners  before  the
High Court.

5.    To the above extent, the impugned order stands modified.   We  request
the High Court to dispose of the writ petitions expeditiously.

6.    Needless to say that the observations made in the impugned  order  are
only prima facie views for the purpose of interim order and  shall  have  no
bearing when the writ petitions are finally disposed of.
      No costs.

                                                   .......................J.
                                                       [ KURIAN JOSEPH ]

                                                   .......................J.
                                               [ ROHINTON FALI NARIMAN ]

      New Delhi;
      December 14, 2016.