IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.3479 OF 2009 (Arising out of S.L.P. (C) No.24664 of 2005)

European Investment Limited        ...Appellant(s)

Versus

Triumph International National Finance  India Ltd. & Ors.       ...Respondent(s)

O  R  D  E  R

Leave granted.

By an order dated 5th March, 2004 passed in Contempt Petition No.88 of  2002, the learned Single Judge held respondent Nos.1-4 herein guilty of contempt of  

court on the premise that they willfully violated the undertaking given to the Court on  29th January,  2002 in  Summary Suit  No.3846 of  2001 and willfully  disobeyed  the  

order passed thereon and sentenced them to pay fine of Rupees two thousand and  directed them to pay entire dues within a period of twelve weeks, failing which they  

were required to undergo civil imprisonment for a period of two months.  Against the  said order, when the matter was taken in appeal,  the Division Bench of  the High  

Court, while entertaining the appeal, passed an interim order dated 10th May, 2004,  which was modified by the impugned order dated 20th July, 2005 and a direction was  

issued that interim order dated 10th May, 2004 shall remain operative subject to the  certain conditions.  Against the said order, the present appeal has been filed.

...2/-

- 2 -  

Having heard learned counsel for the parties and perused the records, we  are of the view that it was not a fit case in which the Division Bench should have  

passed interim orders in favour of the respondents ignoring the fact that they had  consented to the order passed by the learned Single Judge in the summary suit.   

The civil appeal is, accordingly, allowed and impugned order passed by the  High Court is set aside.  We may, however, observe that this order shall not in any  

manner affect the case of the respondents in appeal.

......................J.       [B.N. AGRAWAL]

......................J.       [G.S. SINGHVI]

New Delhi, May 11, 2009.