Crl.A. Nos. 132-134 of 2004 1

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NOS. 132-134 OF 2004

GUJARAT AGRO INDUSTRIES CORPN. LTD...... APPELLANT

VERSUS

RAYALA SIMA AGRO ENTERPRISES & ORS...... RESPONDENTS

O R D E R

1.      We have heard learned counsel for the parties.

2. In  response  to  our  order  dated  21st October,  

2010, an additional affidavit has been filed by Mr.  

Akhil  Sibal,  learned  counsel  for  the  respondent-

Enterprise, which is largely to the effect that a sum  

of Rs. 10 lakhs which had been furnished as a bank  

guarantee by the respondent had been encashed by the  

appellants and a decree for a sum of Rs. 26 lakhs had  

also  been  obtained  by  the  appellant  against  the  

respondent.   

3. Mr.  Sanjay  R.  Hegde,  learned  counsel  for  the  

appellant-Corporation, however, states that despite his  

efforts to get in touch with his clients, he has not  

been able to do so as there has been no response to his

Crl.A. Nos. 132-134 of 2004 2

communications.   We,  therefore,  take  it  that  the  

additional  affidavit  filed  by  the  respondent  is  

correct.  We, accordingly,  dispose of  these matters  

leaving the questions of law raised by the appellants  

open,  with  liberty  to  the  appellant-Corporation  to  

execute the decree if permissible in law.

4. The  appeal  is  disposed  of  with  the  above  

directions.

...... ..................J [HARJIT SINGH BEDI]

........................J [CHANDRAMAULI KR. PRASAD]

NEW DELHI JANUARY 11, 2011.