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Supreme Court - Daily Orders

Vaibhav Jain vs Somna Goswami on 23 October, 2018

Bench: Uday Umesh Lalit, D.Y. Chandrachud

                                                    1



     ITEM NO.10                            COURT NO.12                    SECTION IV-A

                                S U P R E M E C O U R T O F         I N D I A
                                        RECORD OF PROCEEDINGS

     SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 5895/2018

     (Arising out of impugned final judgment and order dated 15-11-2017
     in MA No. 1306/2007 passed by the High Court Of Chhatisgarh At
     Bilaspur)

     VAIBHAV JAIN                                                         Petitioner(s)

                                                   VERSUS

     SOMNA GOSWAMI & ORS.                                                 Respondent(s)

     ( IA No.141567/2018-CONDONATION OF DELAY IN FILING and IA
     No.141570/2018-EXEMPTION FROM FILING O.T. and IA No.141568/2018-
     CONDONATION OF DELAY IN REFILING )

     Date : 23-10-2018 This petition was called on for hearing today.

     CORAM :
                         HON'BLE MR. JUSTICE UDAY UMESH LALIT
                         HON'BLE DR. JUSTICE D.Y. CHANDRACHUD


     For Petitioner(s)              Mr.   Arup Banerjee, AOR
                                    Mr.   R.K.Prasad, Adv.
                                    Mr.   Prakash Sharma, Adv.
                                    Mr.   Sarbendra Kumar, Adv.
     For Respondent(s)


                          UPON hearing the counsel the Court made the following
                                             O R D E R

Learned counsel for the petitioner submits that an amount of Rs. 5,00,000/- (Rupees Five lakhs only) was deposited by his client during the pendency of the matter in the High Court. Signature Not Verified

Delay condoned.

Digitally signed by

SHASHI SAREEN Date: 2018.10.23 17:11:23 IST Reason: Since the question raised in the matter is about the liability of the dealer, issue notice to the manufacturer.

This special leave petition is dismissed as against 2 respondent Nos. 1 to 5. Issue notice to respondent No. 6, returnable within four weeks.

In the meanwhile, the petitioner is directed to deposit a further sum of Rs. 10,00,000/- (Rupees Ten lakhs only) in the High Court. It is made clear that the original claimants are entitled to withdraw the said sum of Rs. 10,00,000/- (Rupees Ten lakhs only) as well as sum of Rs. 5,00,000/- (Rupees Ten lakhs only) so deposited by the present petitioner.

(SHASHI SAREEN)                                            (SUMAN JAIN)
  AR CUM PS                                               BRANCH OFFICER