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Supreme Court - Daily Orders

M/S.Adigear International vs State Nct Of Delhi on 10 January, 2017

Bench: A.K. Sikri, R.K. Agrawal

                                                  1

     ITEM NO.18                           COURT NO.8                 SECTION IIC

                               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 (Crl.) No(s).                2445/2014

     (Arising out of impugned final judgment and order dated 06/12/2013
     in CRLMC No. 3757/2013 passed by the High Court Of Delhi At New
     Delhi)

     M/S.ADIGEAR INTERNATIONAL & ORS.                                 Petitioner(s)

                                                 VERSUS

     STATE NCT OF DELHI & ANR                                         Respondent(s)

     (with appln. (s) for modification of court's order,                permission to
     file additional documents and stay)

     WITH
     SLP(Crl) No. 2447/2014
     (With appln.(s) for modification of court's order, permission to
     file additional documents, for stay and Office Report)

      SLP(Crl) No. 2450/2014
     (With appln.(s) for modification of court's order, permission to
     file additional documents, appln.(s) for stay and Office Report)

      SLP(Crl) No. 2453/2014
     (With appln.(s) for modification of court's order, permission to
     file additional documents, appln.(s) for stay and Office Report)

      SLP(Crl) No. 2546/2014
     (With appln.(s) for modification of court's order, permission to
     file additional documents, appln.(s) for stay and Office Report)


     Date : 10/01/2017 These petitions were called on for hearing today.

     CORAM :             HON'BLE MR. JUSTICE A.K. SIKRI
                         HON'BLE MR. JUSTICE R.K. AGRAWAL

     For Petitioner(s)             Mr.   Sidharth Luthra, Sr. Adv.
                                   Mr.   Swetank Shantanu,Adv.
                                   Mr.   Pratap Shanker, Adv.
Signature Not Verified
                                   Mr.   A. Shivani, Adv.
Digitally signed by
ASHWANI KUMAR
Date: 2017.01.12

     For Respondent(s)
17:05:27 IST
Reason:                            Mr.   Deepak Biswas, Adv.
                                   Mr.   Shashank Singh, Adv.
                                   Mr.   Nishith Mishra, Adv.
                                   Mr.   Arjun Minocha, Adv.
                                   Mr.   Sourav Vig, Adv.
                                       2

                         Mr. Rajiv Yadav,Adv.

                         Mr. Shadman Ali, Adv.
                         Mr. Kamal Kishore, Adv.
                         Mr. B.K. Prasad, Adv.

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

By the impugned order passed by the High Court, petition under Section 482 of the petitioners herein has been dismissed. This petition challenges that order. We are informed that, in the meantime, the Trial Court has recorded the entire evidence of both the parties and the matter is now at the stage of final disposal.

In view thereof, we are not inclined to interfere with the order of the High Court. However, we make it clear that the Trial Court shall decide the complaint under Section 138 read with Section 141 of the Negotiable Instruments Act,1881 filed against the petitioners on its own merits and on the basis of the evidence adduced before it without being influenced of any observations made by the High Court including para 21 of the impugned order.

The Trial Court shall endeavour to dispose of the matter as expeditiously as possible.

In view of the above, the Special Leave Petitions are disposed of.

Pending application(s), if any, stands disposed of accordingly.

           (Ashwani Thakur)                             (Mala Kumari Sharma)
             COURT MASTER                                   COURT MASTER