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)
CARONA LTD. & ORS. RESPONDENT(S)
J U D G M E N T
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
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
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.
MAY 02, 2017.