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2009 Supreme(SC) 938

TARUN CHATTERJEE, H.L.DATTU
Bhankra Byas Managing Board – Appellant
Versus
Suresh – Respondent


Judgement Key Points

Certainly. Based on the provided legal document, the key points are as follows:

  • The High Court, while admitting the second appeal, granted final relief to the respondent at the interim stage, which was found to be unjustified by the Supreme Court. The Supreme Court clarified that final relief cannot be granted during the interim stage of a second appeal (!) (!) .

  • The Supreme Court emphasized that the second appeal was pending for final disposal and that the interim order directing the appellant to give a compassionate appointment was not appropriate at this stage (!) .

  • The Court highlighted that, although a decree had been passed against the appellant, it was not permissible to direct the appointment of the respondent in the interim, especially when the respondent was willing to forego past benefits (!) .

  • The Supreme Court set aside the impugned judgment and directed the High Court to decide the pending second appeal within six months from the date of receipt of the order (!) .

  • The Court clarified that it had not examined the merits of the second appeal and that the High Court should proceed with the matter in accordance with law, ensuring proper hearing of both parties (!) .

  • The appeal was disposed of accordingly, with no order as to costs (!) .

  • The decision underscores the principle that interim relief, particularly final relief, should not be granted at the admission stage of an appeal, maintaining the integrity of the appellate process (!) .

Please let me know if you need further analysis or assistance.


JUDGMENT

Tarun Chatterjee, J.

1. Leave granted.

2. This appeal is preferred against an interim order dated 3rd of April, 2008 passed by the High Court of Punjab and Haryana at Chandigarh in Regular Second Appeal No.2865 of 2007 whereby the High Court, while admitting the appeal preferred by the appellant, has granted final relief to the respondent No.1 by directing the appellant to give compassionate appointment to him. In our view, the High Court was not justified in granting such interim order at the admission stage. It is an admitted position that the second appeal was admitted for final disposal. A suit was filed by the respondent No.1 for declaration that he was a legal heir of the deceased employee of the appellant being his adopted son. The said suit, however, was decreed and affirmed by the first appellate court against which the appellant has filed the second appeal in the High Court which is pending. Although a decree has been passed against the appellant, but in the interim stage of the second appeal, the appellant could not be directed to appoint the respondent No.1, if on the statement of the respondent No.1 he was ready to forego the past benefit if he was taken in se



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