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2002 Supreme(SC) 2452

G.B.PATTANAIK, K.G.BALAKRISHNAN, BRIJESH KUMAR
Alimenta S. A. , Switzerland – Appellant
Versus
Natnl. Agricl. Coop. Mkt. Fedrn. of India LTD. – Respondent


Advocates Appeared:
For Petitioner’s Mr. V.R. Reddy, Sr. Adv. Mr. Shailendra Swarup, Ms. Bindu Saxena, Ms. Amita Rajora & Ms. Puja Swarup, Advs.
For Respondent’s: Mr. Mukul Rohtagi, ASG M/s.T.K. Ganju, A.T. Patra, Nipun Malhotra and Mr. Ajay Thakur, Advs. for M/s. O.P. Khaitan & Co., Adv.

ORDER :

1. Delay condoned.

2. An Award, which was made a Rule of Court by the learned Single Judge is pending in an appeal before the Division Bench of Delhi High Court. On an application being filed for stay, the Court has granted full stay. It is against that order, the present Special Leave Petition (C) No. 7033/2001 has been filed, inter-alia, on the ground that the Division Bench committed error while invoking the power in granting full stay without even directing the respondent to deposit the amount in question or in the alternative to furnish the security thereof. The petitioner also has filed another SLP(C) No. 14943/2001 contending, inter-alia, that a Letters Patent Appeal to the Division Bench is not maintainable. Delhi High Court has not finally adjudicated upon the issue of maintainability of the Letters Patent Appeal, though it has, prima-facie, held the appeal to be maintainable. Learned Additional Solicitor General relies upon the judgment of this Court in JT 1998 (7) SC 17 in support of the aforesaid proposition. Learned Additional Solicitor General also contends that having regard to the entire facts and circumstances of the case when the High Court has granted a ful

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