Sahara India
Commercial Corp.Ltd. Vs. B.Jeejeebhoy Vakharia & Ors. [2009] INSC 218 (5
February 2009)
Judgment
IN THE SUPREME COURT
OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. OF 2009 (Arising out of
SLP (C) No. 15654 of 2008) Sahara India Commercial Corpn. Ltd. ..Appellant
Versus B. Jeejeebhoy Vakharia and Ors. ..Respondents WITH Civil Appeal No. /2009
(Arising out of SLP (C) No. 19366 of 2008) Civil Appeal No. /2009 (Arising out
of SLP (C) No.19520 of 2008)
Dr. ARIJIT PASAYAT,
J.
1.
Leave
granted.
2.
Though
many points were urged in support of the appeals we dispose of the appeals with
the following directions:
(i) Let the suit
No.3376 of 2005 on the file of the Bombay High Court be disposed of as
expeditiously as possible preferably within a period of three months from
today. We request the Hon'ble Chief Justice of Bombay High Court to pass necessary
orders in the matter and direct the matter to be placed before an appropriate
Bench. The suit shall be decided uninfluenced by any observations or findings
in the impugned judgment dated 11.12.2008 of the Division bench and
observations and findings of the judgment of learned Single Judge dated
4.6.2007.
(ii) To expedite the
disposal of the suit oral evidence may be directed to be taken on affidavit
and/or on commission as provided in the Code of Civil Procedure, 1908 (in short
the `Code'). The filing of documents, admission and denial thereof and framing
of issues shall be completed within one month from today.
(iii) It appears that
the plaintiff had filed an appeal (L) No.409 of 2009 against the order dated
24.6.2008 on Chamber Summons 2 No.587 of 2007. The same shall be disposed of
as expeditiously as possible preferably within a period of one month from
today.
3.
It
is submitted that by virtue of the order passed on the Chamber Summons on
24.6.2008, a learned Judge has observed that the suit is not maintainable
against defendant No.4. Since we have directed appeal against this order to be
disposed of within one month, liberty is given to defendant No.4 to apply for
variation and discharge of the undertaking upon disposal of the appeal in its
favour. The Appeal Court will dispose of the said appeal uninfluenced by
undertaking given by respondent No.4 herein. It is made clear that we have
expressed no opinion on the merits of the case.
4.
The
appeals are accordingly disposed of.
........................................J.
(Dr. ARIJIT PASAYAT)
........................................J.
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