M/S.JEWELLERS KHANNA SONS Vs. NARESH MITTAL & ORS.

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

Appeal (Civil), 4981 of 2016, Judgment Date: May 09, 2016

                                                              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  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 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 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.