IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

Civil Appeal Nos.4683-4685 of 2008 (arising out of SLP (C) No. 5786-5788 of 2008)

M/s. Mahesh Udyog and Anr.             …Appellant(s)  

VERSUS

Agriculture Produce Market Committee, UNA & Anr.  …Respondents

O R D E R

1. Leave granted.

2. In  these  appeals,  M/s.  Mahesh  Udyog  &  Anr.  have

challenged an interim order dated 8th of January,2008 in C.M.P.

No. 2666 of 2007, which arose out of C.W.P.No. 1669 of 2007,

passed by the Division Bench of the High Court of Himachal

Pradesh at Shimla. While issuing notice, this Court passed the

following order:-

“Delay condoned. Issue notice, returnable within two weeks, on the special leave petition as well as on the prayer for interim relief. Dasti, in addition, is permitted. However, we keep on record that Mr. P.P. Rao, learned Senior Counsel  appearing for the petitioners submits before us that although the Bank  Guarantee  was  furnished,  it  was  not accepted  because  of  delay  in  submission  of  the same.”

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3. Mr.  Rao,  learned  senior  counsel  appearing  for  the

appellants,  submitted  before  us  that  the  Bank  Guarantee  in

question  has  already  been  furnished  by  the  appellants.  The

learned  counsel  appearing  for  the  respondents  could  not

dispute this factual position.

4. Having  heard  the  learned  counsel  appearing  for  the

parties and after going through the impugned order, we are of

the  view that  since  the  Writ  Petition  itself  is  pending  final

adjudication  before  the  High  Court,  only  order  that  can  be

passed in this appeal is to request the High Court to dispose of

the same at an early date preferably within three months from

the  date  of  communication  of  this  order,  without  being

influenced by any order passed by this Court and that, till the

disposal  of the Writ Petition by the High Court,  direction to

deposit penalty amount by the authorities shall remain stayed.

5. With this direction, the appeals are disposed of. There

shall be no order as to costs.  

6. We make it clear that we have not gone into the merits of

the Writ Petition, which shall be decided by the High Court in

accordance with law.

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… ………………….J.

[TARUN CHATTERJEE]

  New Delhi; ……………………J.

  July 25, 2008.    [AFTAB ALAM]

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