IN THE SUPREME COURT OF INDIA

CIVIL  APPELLATE JURISDICTION

CIVIL  APPEAL  NO. 49  OF 2009

[Arising out of SLP(C) No. 5541/2006]

M/S. CROSS COUNTRY HOTELS LTD. ... APPELLANT(S)

:VERSUS:

TOUSISM FINANCE COROPRATION OF INDIA LTD. AND ORS.

... RESPONDENT(S)

WITH

CIVIL  APPEAL  NO. 51   OF 2009

[Arising out of SLP(C) No. 26738/2008]

O R D E R

     CIVIL  APPEAL  NO. 49  /2009 [@ SLP(C) No. 5541/2006]

Leave granted.

Having heard Mr. Altaf Ahmed, learned senior counsel appearing on behalf

of the appellant and Mr. Dushyant Dave, learned senior counsel appearing on behalf of

the respondents, with the consent of the parties, this appeal is disposed of with the

following directions:

1. Respondents herein need not supply the appraisal reports for various projects of the

appellant company.

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2. The respondents herein shall produce for inspection of the learned counsel

for the appellant, within four weeks, all other documents wherefor an application for

production and discovery had been filed before the learned Debt Recovery Tribunal,

New Delhi, being I.A. No. 186/2003.      

3. It  is  directed  that  all  such  documents  which  are  available  with  the

respondents-Corporation  shall  be  supplied  to  the  appellant  within  two  weeks

thereafter.   

Keeping in view the fact that the matter is pending for a long time, the Debt

Recovery Tribunal is requested to dispose of the matter as expeditiously as possible.  

With the aforementioned direction, the impugned judgment is set aside and

the appeal is disposed of.  

CIVIL  APPEAL  NO. 51/2009 [@ SLP(C) No.26738/2008]

Leave granted.

This appeal is directed against the judgment and order dated 24th October,

2008 passed by a learned Single Judge of the High Court of Judicature of Rajasthan at

Jaipur, in S.B.  Civil  Writ Petition No.  9609/2008,  whereby and whereunder it  was

directed:

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“Meanwhile, operation of the office order dated 14.8.2008 (Anx.4) and

19.8.2008 (Anx.5) shall remain stayed. Further, in case the petitioner

submits the notorised undertaking within a period of fifteen days from

today, for payment of Rs.  10 lacs (Rupees ten lacs) per month for a

period of one year, then the possession of the seized property shall be

restored to the petitioner on depositing first installment of Rs. 10 lacs.

The remaining installments shall be paid by the 15th of each month,

failing  which  the  interim  order  shall  stand  vacated  automatically

without reference to this Court.  

List in the month of December, 2008 for further orders.”

In view of the order proposed to be passed by us we need not enter into the

merit of the matter as the order as quoted above was passed ex-parte.  

Mr.  Dave,  learned  senior  counsel  appearing  on  behalf  of  the  appellant

submits that the possession of the Hotel in question had already been taken over on

22.8.2008.   

Mr. Altaf Ahmed, learned senior counsel on the other hand, submits that the

orders impugned before the High Court, being office orders dated 14.8.2008 and dated

19.8.2008, the said orders are ex-facie illegal and without jurisdiction and, furthermore,

as the possession had been obtained by the  

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writ  petitioner purportedly to  be  in terms of  Securitisation and Reconstruction of

Financial Assets and Enforcement of Security Interest Act, 2002 and in that view of the

matter the High Court cannot be said to have committed any error in passing the

impugned order.  

Be that as it may, by reason of the impugned judgment, the High Court has

passed the ex-parte order in mandatory form.   

By an order dated 25.11.2008, a Division Bench of this Court while issuing

notice, directed status quo as on that date, to be maintained by all concerned. In that

view of the matter, we are of the opinion that interest of justice would be subserved if

the impugned judgment is set aside and the High Court be requested to hear out the

matter afresh, after giving an opportunity of hearing to both the parties.  It is directed

accordingly.  

While  making the  interim order  dated  25.11.2008  passed  by  this  Court

absolute, we would request the High Court to hear out the parties and pass appropriate

order as expeditiously as possible, preferably within a period of three weeks from the

date of communication of this order.   

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With the aforementioned observation and direction, this appeal is disposed

of.    

..........................J (S.B. SINHA)

..........................J   (V.S. SIRPURKAR)    NEW DELHI, JANUARY 5, 2009.