Supreme Court - Daily Orders
Shree Chaitanya Constructions vs Poonamchand Dalichand Parkh . on 21 November, 2014
Bench: Dipak Misra, Uday Umesh Lalit
SLP(C) 30619/14
1
ITEM NO.26 COURT NO.5 SECTION IX
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.30619/2014
(Arising out of impugned final judgment and order dated 12/09/2014
in CA No. 1370/2014,12/09/2014 in FA No.295/2013 passed by the
High Court of Bombay)
SHREE CHAITANYA CONSTRUCTIONS Petitioner(s)
VERSUS
POONAMCHAND DALICHAND PARKH & ORS. Respondent(s)
(With appln. (s) for exemption from filing c/c of the impugned
judgment and interim relief)
Date : 21/11/2014 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE DIPAK MISRA
HON'BLE MR. JUSTICE UDAY UMESH LALIT
For Petitioner(s) Mr. V. Giri, Sr. Adv.
Mr. C.U. Singh, Sr. Adv.
Mr. Braj K. Mishra, Adv.
Mr. Vijay Kumar, Adv.
Ms. Aparna Jha, AOR
For Respondent(s)
UPON hearing the counsel the Court made the following
O R D E R
Mr. V. Giri, learned senior counsel appearing for the petitioner submitted, though prayer in the application in Signature Not Verified the first appeal was covering a broad spectrum, he would like Digitally signed by Chetan Kumar Date: 2014.11.21 18:02:58 IST Reason: to restrict it to the extent that the respondent should be injuncted from alienating the property in favour of any third party by way of transfer, sale or gift. Needless to say, SLP(C) 30619/14 2 there can be various third party interests, but learned senior counsel would confine it to the factum of transfer, sale or gift.
In view of the aforesaid submission, issue notice, returnable within four weeks. As an ad-interim measure, it is directed that the respondent shall not alienate the property by way of transfer, sale or gift. However, we clarify that this would not preclude the respondent from parting with possession for letting out the properties.
(Chetan Kumar) (H.S. Parasher)
Court Master Court Master