Supreme Court - Daily Orders
Nitya S.A.R.L Paris France vs M/S. C.N.A Exports Pvt. Ltd on 26 July, 2019
Bench: Ashok Bhushan, Navin Sinha
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 5895 of 2019
[@Special Leave to Appeal (C) No(s). 844/2018]
NITYA S.A.R.L PARIS FRANCE Appellant(s)
VERSUS
M/S. C.N.A EXPORTS PVT. LTD Respondent(s)
O R D E R
Leave granted.
We have heard learned counsel for the parties. This appeal has been filed against the impugned judgment and order dated 01.09.2017 passed by the High Court in CM No. 20598/2017 in RFA No. 545/2017; by which the appellant’s prayer that the proceeding under Section 340 of the Code of Criminal procedure (Cr.P.C.) be stayed was rejected by the High Court.
Aggrieved by the said order, the present appeal has been filed.
Learned counsel for the appellant submits that the Regular First Appeal being pending in the High Court against the judgment of the Trial Court dated 21.02.2017, the High Court ought to have directed that the application under Section 340, Cr.P.C. should not be decided till the pendency of the appeal in the High Court.
Learned counsel for the respondent refuting the submission made by learned counsel for the appellant contends that the averments made in the application under Section 340, Cr.P.C. are Signature Not Verified Digitally signed by SANJAY KUMAR Date: 2019.07.27 entirely different and it has nothing to do with the issues in the 13:12:45 IST Reason:
suit.
1 We have looked into the application under Section 340, Cr.P.C. and are of the view that the judgment of the appeal shall have bearing on the proceeding under Section 340, Cr.P.C.
We set aside the impugned judgment and order passed by the High Court and direct that the proceeding under Section 340, Cr.P.C. shall be kept in abeyance and shall be taken only after the decision of the appeal by the High Court.
The civil appeal is accordingly allowed.
…....................J. [ASHOK BHUSHAN] …....................J. [NAVIN SINHA] NEW DELHI;
July 26, 2019.
2
ITEM NO.23 COURT NO.11 SECTION XIV
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 844/2018
(Arising out of impugned final judgment and order dated 01-09-2017 in CM No. 20598/2017 in RFA No. 545/2017 passed by the High Court Of Delhi At New Delhi) NITYA S.A.R.L PARIS FRANCE Appellant(s) VERSUS M/S. C.N.A EXPORTS PVT. LTD Respondent(s) ( IA No. 128197/2018 - EXEMPTION FROM FILING O.T. and IA No. 88211/2018 - EXEMPTION FROM FILING O.T. and IA No. 128200/2018 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES and IA No. 88209/2018 - PERMISSION TO PLACE ON RECORD SUBSEQUENT FACTS) Date : 26-07-2019 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ASHOK BHUSHAN HON'BLE MR. JUSTICE NAVIN SINHA For Petitioner(s) Mr. Abhimanyu Mahajan, Adv.
Mr. Sarthak Medhrotra, Adv.
Ms. Anubha Goel, Adv.
Mrs. Shally Bhasin, AOR For Respondent(s) Mr. Suresh Singh, Adv.
Mr. Satya Mitra, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted.
The civil appeal is allowed in terms of the signed order. Pending applications stand disposed of.
(MEENAKSHI KOHLI) (RENU KAPOOR) COURT MASTER COURT MASTER
[Signed order is placed on the file] 3