REPORTABLE

IN THE SUPREME COURT OF INDIA

        CIVIL APPELLATE JURISDICTION

       CIVIL APPEAL NO.                           OF 2009          (Arising out of SLP (C) No. 15654 of 2008)

Sahara India Commercial Corpn. Ltd. ..Appellant

Versus

B. Jeejeebhoy Vakharia and Ors. ..Respondents

WITH

Civil Appeal No.                   /2009 (Arising out of SLP (C) No. 19366 of 2008)

Civil Appeal No.                   /2009 (Arising out of SLP (C) No.19520 of 2008)

J U D G M E N T

Dr. ARIJIT PASAYAT, J.

1. Leave granted.

2. Though many points were urged in support of the appeals we dispose

of the appeals with the following directions:   

(i) Let the suit No.3376 of 2005 on the file of the Bombay High

Court  be  disposed  of  as  expeditiously  as  possible  preferably

within a period  of  three months  from today.  We request  the

Hon’ble Chief Justice of Bombay High Court to pass necessary

orders in the matter and direct the matter to be placed before an

appropriate Bench. The suit shall be decided uninfluenced by

any observations or findings in the impugned judgment dated

11.12.2008  of  the  Division  bench  and  observations  and

findings  of  the  judgment  of  learned  Single  Judge  dated

4.6.2007.  

(ii) To   expedite  the  disposal  of  the  suit  oral  evidence  may  be

directed  to  be  taken  on  affidavit  and/or  on  commission  as

provided in  the  Code of  Civil  Procedure,  1908 (in  short  the

‘Code’). The  filing of documents, admission and denial thereof

and  framing  of  issues  shall  be  completed  within  one  month

from today.  

(iii)  It appears that the plaintiff had filed an appeal (L) No.409 of

2009 against the order dated 24.6.2008 on Chamber Summons

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No.587  of  2007.  The  same  shall  be  disposed  of  as

expeditiously  as  possible  preferably  within  a  period  of  one

month from today.  

3. It  is  submitted  that  by virtue  of  the  order  passed  on the Chamber

Summons on 24.6.2008, a learned Judge has observed that the suit is not

maintainable against defendant No.4. Since we have directed appeal against

this order to be disposed of within one month, liberty is given to defendant

No.4 to apply for variation and discharge of the undertaking upon disposal

of the appeal in its favour.  The Appeal Court will dispose of the said appeal

uninfluenced by undertaking given by respondent No.4 herein. It is made

clear that we have expressed no opinion on the merits of the case.

4. The appeals are accordingly disposed of.     

………………………………….J. (Dr. ARIJIT PASAYAT)

………………………………….J. (ASOK KUMAR GANGULY)

New Delhi, February 05, 2009

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