Madhya Pradesh High Court
Smt. Sitabai Agrawal vs S.A.T.I. Co Operative Stores Ltd on 30 October, 2015
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F. A. No.153/2015, F. A. No.156/2015,
F.A. No.158/2015
30.10.2015
Shri Neeraj Pathak, counsel for the appellant in
F.A. No.153/2015.
Shri Rajendra Tiwari, Senior Counsel with Shri
A.D. Mishra, counsel for the appellants in F. A. No.
156/2015 and F.A. No.158/2015.
Shri Anubhav Jain, counsel for Respondent No.4
(Defendant No.5) in F.A. No.153/2015.
Heard counsel for the parties.
Counsel appearing for Respondent No.4-Officer-in- Charge Stores, S.A.T.I. Co-operative Stores Ltd. in F.A. No.153/2015 submits that the said respondent has filed applications before the Trial Court for setting aside of the impugned decrees, having been passed ex parte against the said respondent. These applications are slated to be heard on 26.11.2015. If the same are allowed, it would necessarily follow that the concerned appeals pending in this Court against the selfsame decrees will become infructuous, as the two restored suits will have to abide by the decision of the Trial Court.
Counsel for respondent in F.A. No.153/2015 submits that the appellant in the said appeal has not
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deposited the decreetal amount inspite of the direction given in that behalf by this Court.
Counsel for the appellant in F.A. No.156/2015 and F.A. No.158/2015, on instructions, submits that the entire decreetal amount (except interest) have already been deposited by the appellants before the Trial Court, which is far in excess of the 50% amount ordered to be paid by this Court.
The fact remains that if the decrees are set aside at the instance of the concerned defendant being ex-parte, the suits will have to proceed afresh or abide by the directions as may be passed by the concerned Court.
It is brought to our notice that this Court has issued order to call for the record of the Trial Court. That order is kept in abeyance for the time being as the record will be required before the Trial Court for considering the applications filed by the Respondent No.4 (Defendant No.5 - Through Officer-in-Charge, Stores Anil Verma, S.A.T.I. Co-operative Stores), before the Trial Court for setting aside ex parte decree.
If the record has already arrived, the Registry is directed to immediately return the same to the concerned Trial Court, if necessary by special
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messenger, keeping in mind that the application filed by the Defendant No.5 is slated to be heard on 26.11.2015.
The counsel for parties during the argument assured this Court that the pleadings required to be filed by the concerned party in response to the applications filed by the Respondent No.4, will be completed on or before 23.11.2015, so that the applications can proceed on 26.11.2015 before the Trial Court expeditiously. Depending on the outcome of the said applications, further orders can be passed in these appeals by this Court.
Ad interim relief to continue till further orders, except to the extent mentioned above regarding return of the original record to the Trial Court.
Copy of this order be forwarded to the Principal Registrar (Judicial) for information and necessary action.
List on 3.12.2015.
(A.M. Khanwilkar) (Sanjay Yadav)
Chief Justice Judge
Anchal