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NON-REPORTABLE

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 6077 OF 2017 [@ SPECIAL LEAVE PETITION (C) NO. 14445 OF 2016]

SUMANGAL HOLDINGS APPELLANT(S)                                 VERSUS

CARONA LTD. & ORS. RESPONDENT(S)

J U D G M E N T KURIAN, J.

Leave granted. 2. In the nature of order we propose to pass, it is not necessary to refer the factual matrix.  The order dated 30.06.2016 passed by this Court, which reads as follows:-

“On  behalf  of  the  Petitioner  Mr. Shekhar Naphade, learned senior counsel has submitted that there is no provision of  law  under  which  the  Impugned  Order could  have  been  passed  by  the  courts below.

In reply, Mr. B.H. Marlapalle, learned senior  counsel  for  the  respondents  has placed  reliance  upon  Order  XVA  of  the Code of Civil Procedure, 1908 (in short

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'the CPC') as applicable in the State of Maharashtra which permits the Court below to issue a direction to make deposit on account  of  arrears  up  to  the  date  of order.

Issue arises as to what shall comprise the arrears in view of the terms of the agreement or the law.

On behalf of the petitioner, it has further been submitted that order XVA of the CPC will not apply to a Small Causes Court.

No notice need be issued as contesting respondent  No.1  has  appeared  by  the learned counsel who waives notice on its behalf.  Petitioner may serve the other proforma respondents by dasti process.

The  respondents  may  file  counter affidavit on the issues indicated above and  other  relevant  issues  within  four weeks.

Rejoinder, if any, may be filed within further four weeks.  List thereafter.

Until  further  orders,  the  Impugned Order  shall  remain  stayed  on  the condition  that  the  Petitioner  shall deposit  an  amount  of  Rs.6,50,00,000/- (Rupees Six Crores and fifty lakhs only) in the trial court within eight weeks to the  credit  of  Respondent  No.1-the plaintiff.  On such deposit being made by the  Petitioner,  the  trial  court  shall

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keep the said amount in Bank in a short term Fixed Deposit Account awaiting the orders of this Court.

List after eight weeks.” 3. We are informed that pursuant to the said order an amount of Rs.6.5 Crores has been deposited in the Trial Court. 4. Since the suit is now pending before the Trial Court, we are of the view that there is no point in keeping  the  appeal  pending  before  this  Court. Therefore, this appeal is disposed of with liberty to the  respondents  to  approach  the  Trial  Court  for appropriate orders with regard to the prayer made by the respondent before this Court for withdrawal of the amount deposited in the Trial Court.. 5. Since we are informed that the trial has already commenced, we request the Trial Court to expedite the disposal of the suit. 6. We make it clear that we have not expressed any opinion  on  the  merits  of  the  matter  and  all  the contentions of both the parties are left open. 7. Pending  applications,  if  any,  shall  stand disposed of. 8. There shall be no orders as to costs.

.......................J.

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             [KURIAN JOSEPH]  

.......................J.               [R. BANUMATHI]  

NEW DELHI; MAY 02, 2017.