SUMANGAL HOLDINGS Vs. CARONA LTD. & ORS.

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

Appeal (Civil), 6077 of 2017, Judgment Date: May 02, 2017

                                                              NON-REPORTABLE


                        IN THE SUPREME COURT OF INDIA
                        CIVIL APPELLATE JURISDICTION


                        CIVIL APPEAL NO. 6077 OF 2017
              [@ SPECIAL LEAVE PETITION (C) NO. 14445 OF 2016]



SUMANGAL HOLDINGS                                              APPELLANT(S)



                                VERSUS


CARONA LTD. & ORS.                                           RESPONDENT(S)



                               J U D G M E N T

KURIAN, J.

      Leave granted.
2.    In the nature of order we propose to pass,  it  is  not  necessary  to
refer the factual matrix.  The order dated 30.06.2016 passed by this  Court,
which reads as follows:-

      “On behalf of the  Petitioner  Mr.  Shekhar  Naphade,  learned  senior
counsel has submitted that there is no provision  of  law  under  which  the
Impugned Order could have been passed by the courts below.
      In  reply,  Mr.  B.H.  Marlapalle,  learned  senior  counsel  for  the
respondents has placed  reliance  upon  Order  XVA  of  the  Code  of  Civil
Procedure, 1908  (in  short  'the  CPC')  as  applicable  in  the  State  of
Maharashtra which permits the Court below  to  issue  a  direction  to  make
deposit on account of arrears up to the date of order.
      Issue arises as to what shall comprise the  arrears  in  view  of  the
terms of the agreement or the law.
      On behalf of the petitioner, it has further been submitted that  order
XVA of the CPC will not apply to a Small Causes Court.
      No notice need be issued as contesting respondent  No.1  has  appeared
by the learned counsel who waives notice  on  its  behalf.   Petitioner  may
serve the other proforma respondents by dasti process.
      The respondents may file counter affidavit  on  the  issues  indicated
above and other relevant issues within four weeks.
      Rejoinder, if any, may be  filed  within  further  four  weeks.   List
thereafter.
      Until further orders, the Impugned Order shall remain  stayed  on  the
condition that the Petitioner shall deposit an  amount  of  Rs.6,50,00,000/-
(Rupees Six Crores and fifty lakhs only) in the  trial  court  within  eight
weeks to the credit of  Respondent  No.1-the  plaintiff.   On  such  deposit
being made by the Petitioner, the trial court shall keep the said amount  in
Bank in a short term Fixed Deposit  Account  awaiting  the  orders  of  this
Court.
      List after eight weeks.”

3.    We are informed that pursuant to the said order an  amount  of  Rs.6.5
Crores has been deposited in the Trial Court.
4.    Since the suit is now pending before the Trial Court, we  are  of  the
view that there is no point  in  keeping  the  appeal  pending  before  this
Court.   Therefore,  this  appeal  is  disposed  of  with  liberty  to   the
respondents to approach the Trial Court for appropriate orders  with  regard
to the prayer made by the respondent before this  Court  for  withdrawal  of
the amount deposited in the Trial Court..
5.    Since we are  informed  that  the  trial  has  already  commenced,  we
request the Trial Court to expedite the disposal of the suit.
6.    We make it clear that we have not expressed any opinion on the  merits
of the matter and all the contentions of both the parties are left open.
7.    Pending applications, if any, shall stand disposed of.
8.    There shall be no orders as to costs.


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


                                                   .......................J.
                                                              [R. BANUMATHI]
      NEW DELHI;
      MAY 02, 2017.