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NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 12071 OF 2016

[@ SPECIAL LEAVE PETITION (C) NO. 35577 OF 2016 ] CENTURY 21 MALLS PVT LTD                      Appellant(s)

                               VERSUS STATE OF MADHYA PRADESH AND ANR.              Respondent(s)

J U D G M E N T KURIAN, J. 1. Leave granted.    2. The short issue that arises for consideration in this case is whether the High Court was justified in not  granting  an  interim  order,  as  was  granted  in other cases pending before it.  It is seen that in the impugned order, the High Court has referred to in detail as to why the departure has been made.   

3. Be that as it may, the High Court has stayed the penalty  since  even  according  to  the  High  Court, penalty could not have been imposed without granting an  opportunity  for  hearing.   Since  the  connected matters are pending before the High Court, we refrain ourselves from making any observation on the merits of the matter.  

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4. We  dispose  of  this  appeal  permitting  the appellant to deposit 50% of the demand minus penalty within a period of ten weeks from today.  As far as the  balance  50%  is  concerned,  the  appellant  shall give an undertaking before the High Court, as given by the other writ petitioners before the High Court.       5. To the above extent, the impugned order stands modified.  We request the High Court to dispose of the writ petitions expeditiously.    6. Needless to say that the observations made in the impugned  order are  only  prima facie views for  the purpose of interim order and shall have no bearing when the writ petitions are finally disposed of.   

No costs.   .......................J.

             [ KURIAN JOSEPH ]  

.......................J.               [ ROHINTON FALI NARIMAN ]  New Delhi; December 14, 2016.