M/S Shiv Shankar Rice
Mills & ANR Vs. State Bank of Patiala & Ors.  INSC 1237 (28 July
JURISDICTION CIVIL APPEAL NO. 4745 OF 2008 (Arising out of S.L.P.(C) No.
19451/2007) M/S. SHIV SHANKAR RICE MILLS AND ANR. ... APPELLANT(S) :VERSUS:
Heard the learned
counsel for the parties.
In view of the
statement made before us that the appellants have already deposited a sum of
Rs.1,60,00,000/- (Rupees One Crore Sixty Lakhs) pursuant to the order passed by
the Delhi High Court as also by this Court from time to time, we are of the
opinion that the High Court was not correct in vacating the order of stay while
admitting their writ petition.
In the proceedings we
are not concerned with the merit of the matter as the same has to be gone into
by the High Court.
-2- The High Court
while disposing of the writ petition may pass one order or the other; it may
also adjust the equities but the very fact that the premises in question is a
residential and commercial premises, over which the appellant is said to be in
possession, we are of the opinion that interest of justice will be sub-served
if the appellant's possession is directed to be protected and the High Court is
requested to hear out the writ petition at an early date, preferably within a
period of three months from the date of communication of this order. It is ordered
It is stated at the
Bar that the respondents, including the added respondent, have already filed
their counter affidavits.
The appeal is
disposed of accordingly.
DELHI, JULY 28, 2008.