Manoj Menon Vs.
E.K.Abdul Hammed and Ors.  INSC 5 (5 January 2009)
JURISDICTION CIVIL APPEAL NO. 50 OF 2009 [Arising out of SLP(C) No. 6945/2006]
MANOJ MENON ... APPELLANT(S) :VERSUS:
ORDER Leave granted.
Having heard the
learned counsel for the parties, although we agree that the impugned judgment
passed by the High Court suffers from no legal infirmity, but in the peculiar
facts and circumstances of this case and, particularly, we having been taken
through the entire records by the learned counsel for the parties, are of the
opinion that the appellant may be given an opportunity before the High Court to
argue the matter on merit of the appeal.
We make it clear that
we have passed this order keeping in view the peculiar facts and circumstances
of this case and, in particular, the relationship between the appellant, on the
one hand, and the defendant No.2 and defendant No.3, on the other. We further
make it clear that -2- we are passing this order in exercise of our
discretionary jurisdiction under Article 142 of the Constitution of India with
a view to do complete justice to the parties.
As a sum of Rs. 50
thousands has been deposited by the appellant in terms of the order passed by
this Court on 3.4.2006, which amount, admittedly, has been withdrawn by the
plaintiff-respondent No. 1, we are of the opinion that the said amount may be
treated to be the costs payable by the appellant for the purpose condonation of
however, shall pay a further sum of Rs. 25 thousands to the
plaintiff-respondent No.1 by way of costs of this appeal.
We would request the
High Court to consider the desirability of disposing of the appeal as
expeditiously as possible and preferably within a period of six weeks from the
date of receipt of a copy of this order.
The appeal is
disposed of with the aforementioned observation and direction.
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