IN THE SUPREME COURT OF INDIA

CIVIL  APPELLATE JURISDICTION

CIVIL APPEAL NO. 4745  OF 2008   (Arising out of S.L.P.(C) No. 19451/2007)

M/S. SHIV SHANKAR RICE MILLS AND ANR. ... APPELLANT(S)

:VERSUS:

THE STATE  BANK OF PATIALA AND ORS. ... RESPONDENT(S)

O R D E R

Leave granted.

Heard the learned counsel for the parties.

In view of the statement made before us that the appellants have already

deposited a sum of Rs.1,60,00,000/- (Rupees One Crore Sixty Lakhs) pursuant to the

order passed by the Delhi High Court as also by this Court from time to time,  we are

of the opinion that the High Court was not correct in vacating the order of stay while

admitting their writ petition.   

In the proceedings we are not concerned with the merit of the matter as the

same has to be gone into by the High Court.   

-2-

The High Court while disposing of the writ petition may pass one order or

the  other;  it  may also  adjust  the  equities  but  the  very  fact  that  the  premises  in

question is a residential and commercial premises, over which the appellant is said to

be in possession, we are of the opinion that interest of justice will be subserved if the

appellant's possession is directed to be protected and the High Court is requested to

hear out the writ petition at an early date, preferably within a period of three months

from the date of communication of this order. It is ordered accordingly.

It is stated at the Bar that the respondents, including the added respondent,

have already filed their counter affidavits.      

The appeal is disposed of accordingly.

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

..........................J   (CYRIAC JOSEPH)    NEW DELHI, JULY 28, 2008.