ODISHA FOREST DEVELOPMENT CORPORATION LTD. Vs M/S ANUPAM TRADERS
Bench: HON'BLE MRS. JUSTICE R. BANUMATHI, HON'BLE MR. JUSTICE A.S. BOPANNA, HON'BLE MR. JUSTICE HRISHIKESH ROY
Judgment by: HON'BLE MR. JUSTICE A.S. BOPANNA
Case number: C.A. No.-009083-009083 / 2019
Diary number: 24104 / 2019
Advocates: SHUBHRANSHU PADHI Vs
Page 1
Page 2
Page 3
Page 4
Page 5
Page 6
Page 7
Page 8
Page 9
Page 10
Page 11
Page 12
Page 13
Page 14
Page 15
Page 16
Page 17
Page 18
Page 19
Page 20
Page 21
Page 22
Page 23
Page 24
Page 25
Page 26
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 9083 OF 2019 (Arising out of SLP (Civil) No.17627 of 2019)
Odisha Forest Development Corporation …Appellant(s) Ltd.
Versus
M/s Anupam Traders & Anr. …. Respondent(s)
WITH
C.A.NO. 9084 /2019 @ SLP(C)No.18726/2019
C.A.NO. 9088 /2019 @ SLP(C) No.18575/2019
C.A.NO. 9089 /2019 @ SLP(C) No.18846/2019
C.A.NO. 9091 /2019 @ SLP(C) No.18664/2019
C.A.NO. 9092 /2019 @ SLP(C) No.18876/2019
C.A.NO. 9093 /2019 @ SLP(C) No.18916/2019
C.A.NO. 9094 /2019 @ SLP(C) No.18939/2019
Page 1 of 26
C.A.NO. 9095 /2019 @ SLP(C) No.18890/2019
C.A.NO. 9096 /2019 @ SLP(C) No.18800/2019
C.A.NO. 9097 /2019 @ SLP(C) No.18945/2019
C.A.NO. 9098 /2019 @ SLP(C) No. 24167/2019
C.A.NO. 9099 /2019 @ SLP(C) No.24166/2019
J U D G M E N T
A.S. Bopanna,J.
Leave granted.
2. The appellants in eleven of these appeals are the
Odisha Forest Development Corporation Ltd. (“OFDC
Ltd.” for short) and the State of Odisha is the appellant in
two other appeals. The appeals filed by the State of
Odisha relate to the same orders in respect of the same
private respondents who were the writ petitioners
regarding whom the Odisha Forest Development
Corporation Ltd. has also filed the appeal. Further,
though separate orders passed by the High Court in
Page 2 of 26
different writ petitions relating to various petitioners are
assailed in all these appeals, the issue involved is the
same. Hence all these appeals were clubbed, heard
together and are accordingly disposed of by this common
judgment. For the purpose of narration of facts, the case
as in Civil Appeal arising out of SLP(C) No.17627/2019,
titled Odisha Forest Development Corporation Ltd. vs.
M/s Anupam Traders & Anr. is taken note, which reads
as hereunder.
3. The appellant OFDC Ltd. issued an etender
notification dated 22.11.2016 inviting offers online from
intending purchasers for advance sale of phal Kendu leaf
(KL) of 2017 crop as per the ‘lots’ indicated in the
notification. The private respondent had responded to
the notification and made its offer. The bid was opened
on 07.12.2016. The private respondent being the
successful bidder was required to execute an agreement
and deposit the provisional security deposit of
Rs.5,00,000/ (Rupees Five Lakh). The private
respondent herein executed an agreement dated
Page 3 of 26
20.01.2017. In terms of the agreement, on the actual
quantity of leaves collected, the additional security
deposit covering 25% of the purchase price of the lot was
to be deposited before 31.05.2017. The private
respondent in the instant case was therefore required to
deposit the differential security amount of
Rs.27,14,765/less, the security amount of
Rs.5,00,000/ (Rupees Five Lakh) already paid.
4. In view of the requirement to pay the same before
31.05.2017, the private respondent addressed a letter
dated 02.06.2017 seeking extension of time to pay the
said security amount. The extension sought was
declined by the appellant through the communication
dated 06.06.2017. Since the amount required to be
deposited was not made, the appellant cancelled the
agreement dated 20.01.2017 by issuing the notice dated
21.08.2017. Since such cancellation would be at the
‘cost and risk’ of the private respondent, the lot was to be
put to retender. The appellant accordingly proceeded to
Page 4 of 26
issue a fresh etender notification on 22.08.2017 for sale
of the same ‘lots’ of the phal Kendu leaves.
5. At that stage the private respondent aggrieved by
extension of time not being granted, filed the writ petition
in W.P.(C) No.11498/2017, the same was withdrawn and
a writ petition bearing W.P.(C) No.18718/2017 was filed
wherein the order dated 21.08.2017 passed by the
appellant cancelling the agreement dated 20.01.2017 as
also the subsequent Auction Notice dated 22.08.2017,
were assailed. In the said writ petition, interim order
against the subsequent auction through notice dated
22.08.2017 was sought. While considering the same, the
High Court while allowing the appellant to proceed with
the subsequent tender process, had stayed the
finalization of the sale subject to the private respondent
herein depositing an amount of Rs.20,00,000/ (Rupees
Twenty Lakhs only) within one week with the appellant
herein. The said order was passed on 08.09.2017
wherein it was further directed that the said amount
would be kept in a separate deposit by the appellant.
Page 5 of 26
The application filed by the appellant herein seeking
vacation of the interim order was considered and at that
stage since the vacation of the stay was not opposed by
the private respondent herein, it was vacated on
28.03.2018 due to which the subsequent sale was
completed on 24.04.2018. The private respondent herein
thereafter sought leave to withdraw the writ petition in
W.P.(C) No.18718/2017 thereby giving up the challenge
to the cancellation of the auction process wherein the
private respondent had taken part and also the challenge
to the subsequent auction which had been conducted by
the appellant. The High Court while disposing of the writ
petition as withdrawn, despite objection put forth by the
appellant herein directed refund of the deposit which was
made pursuant to its interim order dated 08.09.2017.
The appellant herein is, therefore, aggrieved by the order
dated 30.04.2019 only to the extent whereby the High
Court has directed refund of the amount available with
the appellant.
Page 6 of 26
6. The facts in the connected appeals is to the same
effect except the variation in the ‘lot’ number, quantity of
Kendu leaves which was purchased by each of the private
respondents therein and the number of the writ petition
filed before the High Court. The names of the different
tenderers in the individual writ petitions that were filed
and the quantum of amount ordered to be deposited by
the High Court will be detailed in later part of this
judgment. However, in all the cases the writ petitions
have been withdrawn and the refund of the deposit
ordered is directed to be refunded. In that view, the basic
contention which is common, on consideration would
answer all the appeals herein.
7. In that backdrop we have heard Mr. S.K. Padhi,
learned senior advocate for the appellants – OFDC Ltd,
Ms. Anindita Pujari, learned advocate for the appellant
State of Odisha and Mr. Aditya Kumar Choudhary,
learned advocate for the private respondents in all the
appeals and perused the materials on record in the
appeals.
Page 7 of 26
8. As noticed, though the private respondents herein
had filed the writ petition at the stage when the earlier
agreement entered into pursuant to the tender process in
their favour had been cancelled and a subsequent
auction was notified, keeping in view the fact that all the
private respondents herein had chosen to withdraw the
writ petitions, which was permitted by the High Court
through the order dated 30.4.2019, the consideration of
that aspect is not required to be made. The only question
for consideration herein is with regard to the correctness
or otherwise of direction issued by the High court to the
appellant herein to refund the amount which was a
deposit made by the private respondents with the
appellant pursuant to the interim order dated
08.09.2017.
9. The learned senior advocate for the appellant while
contending that the High court was not justified in
ordering the refund has taken us through the tender
notification dated 22.11.2016, as also the purchase
agreement dated 20.1.2017. In that light, it is pointed out
Page 8 of 26
that apart from the Earnest Money Deposit (“EMD” for
short) to enable a tenderer to participate in the tender
process, the successful purchaser was required to
initially pay the provisional security deposit of
Rs.5,00,000/ (Rupees Five Lakhs only) and after final
collection of the leaves the differential amount to the
extent of 25% of the purchase price was to be paid within
31.05.2017. It is contended that if the said amount was
not paid, the security amount already paid was to be
forfeited and if any further recoveries are to be made, the
appellant had the liberty to do so.
10. In that light, it is contended that in the instant
facts only the initial deposit of Rs.5,00,000/ (Rupees
Five Lakhs only) was made, apart from the EMD. The
default was committed relating to payment of 25% of the
additional security amount which was to be made within
the time frame. Since, the extension of time as requested
was rejected and the amount was not deposited, the
appellant was left with no other alternative but to
terminate the agreement and forfeit the security deposit.
Page 9 of 26
It is the contention of the learned senior advocate that
though the High Court has not specifically indicated
deposit to be made as the additional security deposit, the
extent of deposit ordered in each of the cases makes it
clear that it is relatable to the extent of the additional
security amount which was to be deposited. In that light,
he contends that when the writ petition was not pressed,
the termination of the agreement would remain valid and
in such circumstance since the clause contained in the
agreement permits the forfeiture of the preliminary
security deposit, the direction to refund the same was not
justified. On the other hand, the High Court ought to
have allowed retention of the said amount and the liberty
to recover additional amount, if any, should have been
left open. Hence, he contends that the direction issued by
the High Court to refund the amount is not justified.
11. The learned advocate for the respondent would
also refer to the very same clauses as contained in the
agreement. He contends that the private respondents
herein were before the High Court seeking to exercise
Page 10 of 26
their right by assailing the order of termination so as to
complete the transaction. With reference to the objection
statement, the learned advocate would contend that there
were circumstances which indicated that the price offered
by the private respondent was at higher rate when the
panchayat had fixed a lower price for the Kendu leaf. It is
his contention that, in any event, the forfeiture can only
be to the extent of the amount that had already been
deposited, namely, the EMD and the initial deposit
regarding which the private respondents have not made a
grievance. On referring to the tender conditions as also
the clauses contained in the agreement, he contends that
as per Clause 9 (iv) even if the additional security is not
deposited or if any loss is suffered, the provision made
therein is to recover the amount by way of initiating legal
proceedings or through the Orissa Public Demand
Recovery Act which option has been left open to the
appellant by the High Court and as such the appellant
cannot make out any grievance. It is his contention that
the very fact that the High Court while granting the
interim order, though had directed deposit of the amount Page 11 of 26
had further directed the appellant to keep it in a separate
fixed deposit, will indicate that the said amount had no
reference whatsoever to the additional security deposit
but it was only to establish the bonafide of the private
respondent who was the writ petitioner. Hence, in that
circumstance when the High Court has directed refund
the order does not call for interference.
12. In the light of the above, what is required to be
noticed at the outset is the provision relating to the
security deposit contained in Clause 9 of the tender
notification on which reliance was placed by both sides,
which reads as hereunder:
“Security Deposit (i) The successful purchaser shall have to pay
provisional Security Deposit @ Rs.5.00 lakhs (Rupees Five Lakh) per lot(s) within 21 [Twenty one] days of issue of ratification order. If the provisional security deposit is not paid at Corporate Office within 21 days from the date of issue of ratification order, the sale of the lot(s) will be cancelled and the EMD/part S.D. will be forfeited to OFDC. However in exceptional circumstances, the period of 21 days may be extended for a further period of 7 (seven) days by the Director (C)/Managing Director of OFDC Ltd. by depositing of nonrefundable fees of Rs.2000/ (Rupees two thousand only) by the purchaser.
(ii) After final collection of leaves, the purchaser has to pay the differential amount up to the extent of 25% of Purchase price of the lot towards final Security deposit within 31.5.2017, failing which it will be
Page 12 of 26
considered as violation of purchaser’s agreement and the provisional security deposit will be forfeited.
(iii) The Security Deposit can be adjusted either wholly or in part, as the case may be, by the Director (C)/Managing Director, OFDC Ltd. towards any amount recoverable from the purchaser, including the purchase price under provisions of the Acts, Rules & Notification of Govt., Purchaser’s agreement and the terms and conditions of the sale notice and all such deductions shall have to be made good by the purchaser by depositing an equal amount within 15 days of issue of the notice to that effect.
(iv) If the dues to be recovered from the purchaser exceed the amount of security deposit, the amount in excess shall unless made good to the Corporation within 15 days from the date of issue of the notice to that effect, be recoverable by way of initiating legal proceedings or through Orissa Public Demand Recovery Act 1962 (Orissa ActI of 1963).”
13. Similarly, the agreement entered into between the
parties, apart from containing a similar clause for
security deposit as at Clause No.11, also contains Clause
13 relating to the termination of the agreement. The said
clause reads as under:
“13. Termination of Purchaser’s Agreement (i) If the purchaser fails to pay the first instalment before the due date of 2nd instalment or 2nd instalment before due date of the 3rd instalment or third instalment within 15 days after its due date or any other amount due or to comply with any of the provisions of the agreement, the Director (C)/Managing Director of OFDC Ltd. may at his discretion and without prejudice to any other right and remedies that may be available to him, terminate this agreement after giving 15 days notice and
Page 13 of 26
an opportunity of hearing to the purchaser and blacklist the purchaser for a period up to 3 years.
(ii) The order of termination of the agreement shall be delivered in person to the purchaser or sent by Registered/Speed Post. The termination shall be effective from the date of order terminating the agreement.
(iii) On termination of the agreement the Corporation shall be entitled to:
a. Forfeit the provisional as well as final security deposit in full.
b. Forfeit the undelivered stocks of Kenduleaves in storage in favour of the Corporation for which payment has been made.
c. Cancel the customer registration with OFDC along with forfeiture of registration fees.
d. (i) Sell the Kenduleaves in the godown for which amount due has not been paid and undelivered stock of Kenduleaves in storage which has been forfeited in favour of the Corporation under condition 13 (iii) (b) and recover the loss. The same shall also be recoverable by encashment of the Bank guarantee, if any such guarantee has been furnished by the purchaser under clause7, as also from sale of such leaves which has been forfeited in favour of the Corporation under condition 13(iii)(b). Provided if the lot is not resold in the first sale after issue of order of termination of agreement, loss will be recovered from the purchaser treating the value of the lot as zero. However, if the lot is sold in subsequent sale, the amount of sale price recovered as such shall be adjustable against balance amount of loss or be refunded to the purchaser as the case may be. However no interest will be payable to the purchaser on such amount. In the event of cancellation of purchaser’s agreement the loss to be recovered from 1st purchaser will be computed as follows:
Total expected receipts including all taxes in concerned sale (+) expenditure on storage, supervision etc. up to disposal () receipts including taxes from subsequent sale.
(ii) Recover any amount of loss still remaining due through Legal proceedings.
Page 14 of 26
(iii) Retain the full amount, if on such resale, higher amount is received than is due in respect of the lot and the purchaser shall have not right or claim there to.
e. Recover all cost and expenses incurred for recovering loss.
f. Recover all penalties imposed and compensation assessed not yet paid.”
In addition to the same, it is noticed that in the
communication dated 02.08.2017 (Annexure P/8) while
issuing the notice calling upon to pay the additional
security deposit, the appellant has indicated that if the
same is not paid the provisional security deposit will be
forfeited and the ‘lot’ will be sold in the ensuing sale.
That apart, in the order dated 21.08.2017 whereby the
agreement was terminated, it was intimated that the
provisional security is forfeited and that the stock
contained in ‘lot’ No. 42 would be resold at the ‘cost and
risk’ of the private respondent herein.
14. In the above background, a perusal of the interim
order dated 08.09.2017 passed in writ petition would
indicate that the High Court on considering the facts and
circumstances of the case has directed that the private
Page 15 of 26
respondents herein deposit the amount as indicated in
the order, which is shown against their respective names
here below in tabular format for easy reference:
S.No. SLP (C) No.
Name of the Firm
Amt. deposited as per Interim Orders (In Rs.)
1. 17627 ANUPAM TRADERS
20,00,000
2. 18726 NABILA ENTERPRISE
15,00,000
3. 18575 RAFIK FURNITURE MART
50,00,000
4. 18846 SAIYED SULTAN
20,00,000
5. 18664 VIJAY ENTERPRISE
20,00,000
6. 18876 JAI BABA BHOLANATH ENTERPRISE
10,00,000
7. 18916 T. PRASAD RAO
50,00,000
8. 18939 ANANYA ENTERPRISE
35,00,000
9. 18890 YASEEN KHAN
35,00,000
10. 18800 KARIM KHAN
5,00,000
11. 18945 SHEIKH ZAKIR
15,00,000
Page 16 of 26
The High Court does not specifically indicate that the
amount is relatable to the additional security that was
required to be deposited by the writ petitioners.
15. In a circumstance of the present nature, when it is
noticed that the termination of the agreement itself was
for nondeposit of the additional security amount to the
extent of 25% of the value, the deposit ordered by the
High Court cannot be classified as additional deposit in
terms of the contract, at that stage. If ultimately the writ
petition was taken to its logical conclusion and the
private respondents had succeeded in such proceedings,
only in such event the said amount could have been
considered as a belated payment towards additional
security deposit and in any event, the consideration in
that regard would be in terms of the directions that
would have been issued by the High Court. Though that
be the position and presently since the writ petition was
withdrawn unconditionally, the question is as to whether
the respondents were entitled to refund of the amount as
a matter of right when all future action for disposal of the
Page 17 of 26
subject Kendu leaves was at the ……. ‘cost and risk’ of
the private respondents as per Clause 13 of the
agreement which is extracted supra. Hence even if the
said amount is not considered as the additional security
amount in its true spirit as per the agreement and the
right of forfeiture at this stage is not accepted in its
technical sense in favour of the appellant, the right of the
appellant to recover the loss suffered in terms of the
agreement cannot be ignored.
16. In the above backdrop, before we proceed any
further, the intent of such conditional interim orders
passed by the Courts will have to be gathered. In order
to aid the same it will be apposite to take note of the
observations contained in the decision of this Court in
the case of M/s. Atma Ram Properties (P) Ltd. vs. M/s.
Federal Motors Pvt. Ltd. (2005) 1 SCC 705 which is as
hereunder,
“The power to grant stay is discretionary and flows from the jurisdiction conferred on an appellate Court which is equitable in nature. To secure an order of stay merely by preferring an appeal is not the statutory right conferred on the appellant. So also, an appellate Court is not ordained to grant an order of stay merely because an appeal has been preferred and an application for an order of stay has
Page 18 of 26
been made. Therefore, an applicant for order of stay must do equity for seeking equity. Depending on the facts and circumstances of a given case an appellate Court, while passing an order of stay, may put the parties on such terms the enforcement whereof would satisfy the demand for justice of the party found successful at the end of the appeal. In South Eastern Coalfields Ltd. Vs. State of M.P. & Ors., (2003) 8 SCC 648, this Court while dealing with interim orders granted in favour of any party to litigation for the purpose of extending protection to it, effective during the pendency of the proceedings, has held that such interim orders, passed at an interim stage, stand reversed in the event of the final decision going against the party successful in securing interim orders in its favour; and the successful party at the end would be justified in demanding compensation and being placed in the same situation in which it would have been if the interim order would not have been passed against it. The successful party can demand (a) the delivery to it of benefit earned by the opposite party under the interim order of the High Court, or (b) compensation for what it has lost, and to grant such relief is the inherent jurisdiction of the Court. In our opinion, while granting an order of stay under Order 41 Rule 5 of the CPC, the appellate court does have jurisdiction to put the party seeking stay order on such terms as would reasonably compensate the party successful at the end of the appeal in so far as those proceedings are concerned.”
Though the said observation was made in the context of
interim order being considered under Order 41 Rule 5
CPC, it would be more appropriate in a writ proceedings
in as much as, not only the interim prayer but the very
writ petition will be entertained in the discretionary
jurisdiction unlike the statutory appeal under Section
96 read with Order 41 of CPC. In such circumstance,
though it is not necessary that a condition is to be
imposed in every case for grant of interim order, if the
Page 19 of 26
Court in a given case imposes the condition, the same is
to be treated as being with a purpose and not as an
empty formality.
17. In that regard, it is to be noticed that in the instant
case in a circumstance where the private respondent had
filed the writ petition, even though the High court had
permitted the process of retender to progress, the
finalization thereof had been stayed. If that be the
position, the appellant herein was not in a position to
immediately bring the Kendu leaves for reauction by
receiving the amount from the subsequent purchaser and
the same is likely to have dissuaded purchasers to offer
the best price due to uncertainty looming large. Whether
all these and any other factor has caused the loss to the
appellant and the public exchequer is a matter to be
determined based on materials and evidence but the fact
remains that such resultant delay was at the instance of
the private respondent. As noticed from the terms of the
agreement, any loss caused was permissible to be
recovered from the respondent after adjusting the
Page 20 of 26
security deposit available. Therefore, even if the amount
of deposit made pursuant to the order passed by the High
Court is not considered as an additional security deposit,
the right of the appellant to proceed in accordance with
law to assess the damage suffered and to recover the
same from the private respondents, would still remain
intact. As such the deposit ordered will have to be
considered as a conditional deposit to protect the interest
of the appellant as well.
18. In such event, the issue for consideration is as to
whether in view of the clause contained in 9(iv) of the
tender notification the appellant should be driven to
initiate the legal proceedings or for public demand
recovery after refunding the amount which is deposited,
as contended by the learned Advocate for the private
respondents despite taking note of the intent of such
deposit. It is no doubt true, dehors the writ proceedings
initiated by the private respondents and in the absence of
such deposit, option in any event was open to the
appellant to make the recovery through such
Page 21 of 26
proceedings. It is noticed that apart from the right
available to recover the amount by forfeiting the
additional security deposit, the appellant had also clearly
indicated that the subsequent sale would be made at the
‘……cost and risk’ of the private respondents herein
which would mean that the difference of the cost between
the first and second auction and the resultant loss to the
appellant if attributable to the private respondents, is
recoverable from the private respondents. However, it is
no doubt true that such recovery is to be made after
quantifying the same by following due process of law.
19. Presently, though the learned senior advocate for
the appellant had furnished a chart showing the original
price as against the resale price, thereby projecting the
net loss suffered by the appellant, the correctness of the
same cannot be adjudicated in a proceeding of the
present nature arising out of a writ proceeding. The
matter being contractual and also requiring factual
determination, the same can only be done in an
appropriate proceeding. Therefore, though at this stage
Page 22 of 26
the said amount of deposit as ordered by the High Court
cannot be considered as additional security deposit nor
the actual determination of the loss suffered, when in a
circumstance the action of the appellant to retender was
caused to be deferred, through a proceedings initiated at
the instance of the private respondent, the condition to
deposit the amount should have been considered by the
High Court in the background of its intent to protect the
interest of appellant. In that circumstance, when the
contention of loss being caused was put forth the amount
ought to have been allowed to be retained till the
procedure as contemplated in law is followed and a
decision is taken though not directly as forfeiture.
20. As noticed above, the appellant in any event would
have the right to determine the loss suffered and recover
the same in accordance with law as the process to re
tender, was at the ‘…...cost and risk’ of the private
respondent as stated in the notice of termination. In that
circumstance, when it is primafacie indicated that due
to the delay caused at the instance of the private
Page 23 of 26
respondents the value of the Kendu leaves had reduced,
thereby causing loss, in view of legal proceedings initiated
by the private respondents, the Court will have to bear in
mind the maxim actus curiae neminem gravabit, namely,
no party should suffer due to the act of Court. In such
event, since the interim order was at the instance of the
respondent the appellant should in our opinion be
permitted to retain the amount and complete the process
by providing opportunity to the private respondents.
21. In the above circumstance, the direction to refund
the amount unconditionally is not found justified and is
accordingly set aside. The appellant shall issue
appropriate notice(s) to the private respondents
indicating details about the manner in which they
computed the loss after conducting the second auction at
the ‘cost and risk’ of the private respondent. On receiving
response to the same, a detailed consideration be made
and a speaking order be passed in that regard. The
respondents are at liberty to challenge the speaking order
to be passed by the appellant and the process being
Page 24 of 26
pursuant to a contractual matter the private respondent
if aggrieved are entitled to avail their legal remedy before
the appropriate forum, in accordance with law and the
entitlement of the amount will be decided therein. As per
the speaking order passed by the appellant, if it is found
that the loss suffered is within the amount available in
deposit, appropriate adjustment should be made and the
balance if any, be refunded. On the other hand, if the
loss caused is found to be more than the amount in
deposit, the amount available shall be adjusted and the
appellant would have the liberty of initiating action for
the recovery of the additional amount, if any, in
accordance with law. Such procedure shall be completed
within the outer limit of two months from the date on
which a copy of this order is available. Until such time,
the amount available in fixed deposit as ordered by the
High Court shall be retained in the same position and
shall not be appropriated for the benefit of the appellant.
The adjustment of the amount by the appellant if made
after passing the speaking order, the same shall be
without prejudice to the contention of both parties and Page 25 of 26
the same shall be subject to the outcome of the
proceedings in the matters where the respondents may
challenge the speaking order in accordance with law.
22. Accordingly, all the appeals are allowed in part
with no order as to costs. Pending applications, if any,
shall stand disposed of.
………………………..J. (R. BANUMATHI)
.……………………….J. (A.S. BOPANNA)
………………………….J. (HRISHIKESH ROY)
New Delhi, November 28, 2019
Page 26 of 26