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CASE NO.: Special Leave Petition (civil)  7903 of 2007

PETITIONER: M/S COVENTRY METAL PVT.LTD.,JAIPUR

RESPONDENT: M/S A. MUKHERJEE & ORS

DATE OF JUDGMENT: 05/03/2008

BENCH: S.H. KAPADIA & B. SUDERSHAN REDDY

JUDGMENT: JUDGMENT 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 b y  the Registry.  During this period of three months the petitioner herein shall continue to de posit  rent at the rate of Rs.50,000/- (Rupees fifty thousand) per month as ordered by this Court b y  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  the Rajasthan High Court in the case of Kamal Kishore Vs. State of Rajasthan & Others vide  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.