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NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 4981 OF 2016

[@SPECIAL LEAVE PETITION (C) NO. 28555 OF 2013] M/S.JEWELLERS KHANNA SONS                  Appellant (s)

                               VERSUS NARESH MITTAL & ORS.                        Respondent(s)

J U D G M E N T KURIAN, J. 1. Leave granted.   2. The appellant is before this Court, aggrieved by an interim order passed by the High Court of Punjab and Haryana at Chandigarh in Civil Revision Petition No. 6863 of 2009, whereby the High Court fixed the mesne profits at the rate of Rs. 1,00,000/- per month by way of interim measure.   3. When the matter came up before this Court, an interim order was passed on 20.09.2013 staying the impugned  order  on  condition  that  the  appellant deposits  an amount  of Rs.  50,000/- per  month with effect from 24.09.2009.  However, it is pointed out by Mr. Dhruv Mehta, learned senior counsel appearing for the petitioner, that the actual application for enhancement of mesne profits was dated 19.12.2011.  4. We have also heard Mr. V. Giri, learned senior counsel  appearing  for  the  respondents.   In  our opinion, since Civil Revision Petition is itself to

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be disposed of by the High Court, we dispose of this appeal making it clear that the interim order passed by  the  High  Court  will  stand  substituted  in modification also by our order dated 20.09.2013 as follows :- "With  effect  from  19.12.2011,  the  appellant  shall deposit mesne profits at the rate of Rs. 50,000/- per month by way of an interim measure." 5. We request the High Court to dispose of the Civil Revision Petition expeditiously and preferably within a period of six months from today.  6. We make it clear that it will be open to the respondents to move the High Court for withdrawal of the amounts due to them and deposited before the High Court. 7. We make it clear that the deposit of Rs. 50,000/- per  month  will  be  continued  to  be  made  till  the matter  is  finally  disposed  of  by  the  High  Court. Needless  also  to  say  that  any  excess  remittance already  made  will  be  adjusted  towards  further payments.     

No costs.    .......................J.

             [ KURIAN JOSEPH ]  

.......................J.               [ ROHINTON FALI NARIMAN ]  New Delhi; May 09, 2016.