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2004 Supreme(SC) 1811
SUPREME COURT OF INDIA
RUMA PAL, AR. LAKSHMANAN, JJ.
STATE OF U.P. & ORS. - Petitioners
Vs.
M/S. INDIAN OIL CORPORATION LTD. & ANR. - Respondents
Special Leave to Appeal (Civil) No.2757-2758/2004 With SLP(C)No.3033/2004
Decided On : 09-02-2004
For the Petitioners: Mr. F.S.Nariman,Sr.Adv., Mr. Ashok Desai,Sr.Adv., Mr. V.Bhatia, AG. Of Punjab., Mr. Punit Dutt Tyagi,Adv., Mr. G.L.Sanghi,Sr.Adv., Mr. Prakash Srivastava,Adv.
For the Respondent: Mr.Soli J.Sorabjee,AG., For IOC. Mr. V.N.Koura,Adv., Ms. Paramjeet Benipal, Adv., Mr. A.Mariarputham, Adv., Mrs.Aruna Mathur, Adv. for M/s Arputham,Aruna & Co., Adv., Mr. Shanti Bhushan,Sr. Adv., Mr Bharati Agarwal, Sr. Adv., Mr.Dhruv Aggarwal, Adv., Mr. Praveen Kumar, Adv., Mr. A.V.Bhatia, Adv., Ms. Sangeeta Sharma, Adv., Mr. P.K.Pandey, Adv.
The court has the power to stay the operation of an impugned judgment subject to certain conditions.
Headnote:
Stay of Impugned Judgment - SLP(C)No. 2757-58/2004 - The court stayed the operation of the impugned judgment subject to the appellant's depositing all taxes that may be realized from the respondents in a separate interest bearing account.
Fact of the Case:
The court issued a stay on the operation of the impugned judgment, subject to certain conditions.
Finding of the Court:
The court granted leave and stayed the operation of the impugned judgment, subject to the appellant's depositing all taxes that may be realized from the respondents in a separate interest bearing account.
Issues: Stay of impugned judgment, conditions for stay
Ratio Decidendi: The court decided to stay the operation of the impugned judgment, subject to the appellant's compliance with the condition of depositing all taxes that may be realized from the respondents in a separate interest bearing account.
Final Decision: The court granted leave and stayed the operation of the impugned judgment, subject to the appellant's compliance with the condition of depositing all taxes that may be realized from the respondents in a separate interest bearing account.
ORDER :
In SLP(C) 2757-58/2004
1. Issue notice on the application for impleadment.
2. Leave granted.
3. The operation of the impugned judgment is stayed subject to the appellant’s depositing all taxes that may be realized by the appellant from the respondents after 27.1.2004 in a separate interest bearing account. This amount and the interest accrued thereon shall be held subject to the further orders of this Court.
SLP(C)No. 3033/2004
Delink this matter.
