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M/S Coventry Metal Pvt. Ltd., Jaipur Vs. M/S A. Mukherjee & Ors [2008] INSC 377 (5 March 2008)

S.H. KAPADIA & B. SUDERSHAN REDDY O R D E R S.L.P.(CIVIL) NO.7903 OF 2007 Having heard learned advocate, we pass the following order:

The High Court is requested to hear and dispose of Miscellaneous Appeal No. 488 of 2008 with cross objections within three months from the receipt of the Order of this Court by the Registry. During this period of three months the petitioner herein shall continue to deposit rent at the rate of Rs.50,000/- (Rupees fifty thousand) per month as ordered by this Court by its Order dated 16th November, 2007.

Needless to add that the said Miscellaneous Appeal No. 488 of 2008 shall be disposed of by the High Court in accordance with law including the consideration of the latest judgment of D.B.C.W.P.No. 5051 of 2007. It may further be stated that the High Court shall dispose of Miscellaneous Appeal No. 488 of 2008 uninfluenced by the observations made in the impugned order. We express no opinion on the merits of the case. We also express no opinion on the judgment of the Division Bench in the case of Kamal Kishore (supra).

-2- Subject to above, the Special Leave Petition is disposed of.

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