12 January 2011
Supreme Court
Download

TRIDENT INDIA LTD. Vs CHAM ICE & COLD STORAGE .

Bench: DALVEER BHANDARI,DEEPAK VERMA, , ,
Case number: C.A. No.-000497-000497 / 2011
Diary number: 11277 / 2008
Advocates: MANIK KARANJAWALA Vs GAURAV AGRAWAL


1

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 497  OF 2011 (@ SPECIAL LEAVE PETITION(C)NO.10795 OF 2008)

TRIDENT INDIA LTD. ... APPELLANT(S)

VERSUS

CHAM ICE & COLD STORAGE & ORS. ... RESPONDENT(S)

O R D E R

Leave granted.

The appellant is aggrieved by the order dated 15.02.2008  

of the Division Bench  of the High Court of Gujarat at Ahmedabad  

passed in First Appeal No.5300 of 2007 by which the money decree was  

stayed by the High Court.

We have heard learned counsel for the parties.

The judgment debtor has already deposited a sum of Rs.2  

crores  with  the  High  Court  on  11.07.2005.  The  amount  has  been  

released to the appellant on furnishing the bank guarantee. In the  

facts of this case, instead of the bank guarantee, we direct the  

appellant to furnish solvent security to the satisfaction of the  

Registrar General of the High Court of Gujarat at Ahmedabad.  

In the peculiar facts and circumstances of the case and in  

the interest of justice, we request the High Court to dispose of the  

appeal  as  expeditiously  as  possible,  in  any  event,  within  three  

months from the date of communication of this order.  We direct the  

parties to co-operate with the Court. We request the High Court not  

to grant unnecessary adjournments.

2

: 2 :

This  appeal  is,  accordingly,  disposed  of,  leaving  the  

parties to bear their own costs.

...................J. (DALVEER BHANDARI)

...................J. (DEEPAK VERMA)

NEW DELHI; 12TH JANUARY, 2011