Supreme Court of India

SAHARA INDIA COMMERCIAL CORPN. LTD.versusB. JEEJEEBHOY VAKHARIA AND ORS.

Citation: 2009 INSC 105
Decided: 5 February 2009
Disposal: Disposed off
Bench: ARIJIT PASAYAT

Holding

The Supreme Court exercised its Article 136 jurisdiction to direct the expeditious disposal of the pending suit and appeal, imposing specific timelines while expressly refraining from adjudicating the merits.

Summary

The Supreme Court entertained Civil Appeal No. 725 of 2009 filed by Sahara India Commercial Corp. Ltd. seeking directions for the speedy disposal of a suit (No. 3376 of 2005) pending before the Bombay High Court and an appeal against an order passed on a chamber summons. The Court, invoking its powers under Article 136 of the Constitution, ordered that the suit be concluded within three months and that procedural steps such as filing of documents, admissions, denials and framing of issues be completed within one month, with oral evidence to be taken on affidavit or commission under the Code of Civil Procedure, 1908. It also directed that the appeal against the chamber‑summons order be disposed of within one month, without expressing any opinion on the merits of the underlying dispute. The directions emphasized that the pending proceedings must be decided uninfluenced by earlier judgments of the High Court. Accordingly, the appeals were disposed of with the specified timelines and procedural instructions.

Issues considered

Whether the Supreme Court can issue mandatory timelines for the disposal of a suit and an appeal pending before a High Court under its extraordinary jurisdiction under Article 136.
Whether such directions can be given without expressing an opinion on the merits of the case.

Legislation cited

Code of Civil Procedure, 1908
Constitution of Indias. Article 136

Subjects

Article 136Supreme Court directionearly disposalCivil Procedurechamber summonsexpedited proceedingsBombay High Court

Judgment

                             [2009] 1 S.C.R. 771


                                                                         A
               SAHARA INDIA COMMERCIAL CORPN. LTD.
1(
                                       v.
     '            B. JEEJEEBHOY VAKHARIA AND ORS.
                       (Civil Appeal No. 725 of 2009)
                             FEBRUARY 5, 2009                            B
                [DR. ARJIT PASAYAT AND ASOK KUMAR
                            GANGULY, JJ.]
+"
             Constitution of India, 1950 - Article 136 - Direction
         issued - For early disposal of suit pending before High Court
                                                                         c
         and of appeal filed against the order passe in chamber
         summons.

              CIVIL APPELLATE JURISDICTION: Civil Appeal No. 725
         of 2009.                                                D

              From the final Judgment and Order dated 11.6.2008 and
         12.6.2008 of the High Court of Judicature at Bombay in Appeal
         No. 496 of 2007 in Notice of Motion No. 3950 of 2005 in Suit
         No. 3376 of 2005.                                             E
                                    WITH

         C.A. Nos. 726 & 727 of 2009

              F.S. Nariman, Arun Jaitley, V.A. Bobde, Ravi Shankar F
         Prasad, H.N. Salve, U.U. Lalit, Mukul Rohtagi, Rajiv Dhawan
         and Altaf Ahmad, K.K. Lahiri, M. Gandhi , Gaurav Joshi, Satyam
         Vora, S.B. Maheshwari, P.S. Sudheer, Shally Bhasin
         Maheshwari, Keshav Mohan, Akhil Anand, Rishi Maheshwari,
         Anne Mathew, Megha Mukherjee, Suman Jyoti Khaitan, Dhiman
                                                                        G
         Thakkar, Mohd. Akram, Ruby Singh Ahuja, Abir Kumar, Simran
         Brar, Pragya Ohri, Manik Karanjawala, Sidhartha Chowdhury,
-~       Meenakshi Grover, Bhargava V. Desai, Rahul Gupta, Reema
         Sharma and Kishore Jain for the appearing parties.

                                     771                                 H
    772            SUPREME COURT REPORTS              [2009] 1 S.C.R.


A         The Judgment of the Court was delivered by

          DR. ARIJIT PASAYAT, J.1. Leave granted.

        2. Though many points were urged in support of the
    appeals we dispose of the appeals with the following directions:
B
           (i)    Let the suit No.3376 of 2005 on the file of the
                  Bombay High Court be disposed of as
                  expeditiously as possible preferably within a period
                  of three months from today. We request the Hon'ble
c                 Chief Justice of Bombay High Court to pass
                  necessary orders in the matter and direct the matter
                  to be placed before an appropriate Bench. The suit
                  shall be decided uninfluenced by any observations
                  or findings in the impugned judgment dated
0                 11.12 .2008 of the Division bench and observations
                  and findings of the judgment of learned Single
                  Judge dated 4.6.2007.

          (ii)    To expedite the disposal of the suit oral evidence
                  may be directed to be taken on affidavit and/or on
E                 commission as provided in the Code of Civil
                  Procedure, 1908 (in short the 'Code'). The filing of
                  documents, admission and denial thereof and
                  framing of issues shall be completed within one
                  month from today.
F
          (iii)   It appears that the plaintiff had filed an appeal (L)
                  No.409 of 2009 against the order dated 24.6.2008
                  on Chamber Summons No.587 of 2007. The same
                  shall be disposed of as expeditiously as possible
G                 preferably within a period of one month from today.

        3. It is submitted that by virtue of the order passed on the
    Chamber Summons on 24.6.2008, a learned Judge has
    observed that the suit is not maintainable against defendant
    No.4. Since we have directed appeal against this order to be
H
            SAHARA INDIA COMMERCIAL CORPN. LID. v. 8.       773
       JEEJEEBHOY VAKHARIA AND ORS. [DR. ARJIT PASAYAT, J.]

-..~       disposed of within one month, liberty is given to defendant    A
       No.4 to apply for variation and discharge of the undertaking
       upon disposal of the appeal in its favour. The Appeal Court will
       dispose of the said appeal uninfluenced by undertaking given
       by respondent No.4 herein. It is made clear that we have
       expressed no opinion on the merits of the case.                    B

           4. The appeals are accordingly disposed of.

       K.K.T.                                   Appeals disposed of.

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