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SUPREME COURT OF INDIA
Krishna Murari, Hima Kohli, JJ.
B.S. Yeddyurappa – Appellant
Versus
The State of Karnataka & Anr. – Respondents
SLP (Crl.) No. 9361 of 2021
Decided On : 22072022
Exemption - Stay of Proceedings - Summary
Fact of the Case:
The court heard the petitioner's counsel and reviewed the available material. The petitioner sought exemption from filing certified copy of the impugned order and official translation of the Annexures, which was allowed. Notice was issued, and the respondent's counsel accepted and waived formal notice on behalf of the respondent. Dasti service was permitted, and a stay of further proceedings was ordered.
Finding of the Court:
The court granted the petitioner's applications for exemption and stay of further proceedings pending before the Learned XXIII Additional City Civil and Sessions Judge, Bangalore City at Bangalore.
Issues: Exemption from filing certified copy and official translation, notice to respondent, and stay of proceedings.
Ratio Decidendi: The court exercised its discretion to grant exemption and stay based on the petitioner's application and the respondent's acceptance of waiver of formal notice.
Final Decision: The court directed the Registry to list the matter after service is complete on the respondents.
ORDER
1. Heard learned Senior counsel appearing for the petitioner and perused the material available on record.
2. Applications seeking exemption from filing certified copy of the impugned order as also for seeking exemption from filing official translation of the Annexures are allowed.
3. Issue notice.
4. Learned Advocate-on-Record for the Respondent No.2 - caveator accepts and waives formal notice on behalf of the said respondent.
5. Dasti service, in addition, is permitted.
6. In the meantime, there shall be stay of further proceedings arising out of (i) PCR No. 51/2013 and (ii) FIR in Crime No. 11/2015 pending before the Learned XXIII Additional City Civil and Sessions Judge, Bangalore City at Bangalore, until further orders.
7. The Registry is directed to list this matter after service is complete on the respondents.
The court has the discretion to grant exemptions and stays based on the parties' applications and acceptance of waiver of formal notice.
The court maintained conditions from a prior order, emphasizing their importance until the next hearing.
The court emphasized the need to stay the High Court's judgment pending the appeal's consideration to ensure justice is served.
Applications for condonation of delay granted; exemptions allowed.
The Court may grant suspension of sentence in cases where a reversal of judgment is under review.
The court has the discretion to grant exemptions, issue notice, and set timelines for filing pleadings in the interest of justice.
The court's decision was influenced by the acceptance of the learned Solicitor General and the direction to list the matter after service is complete on the respondents.
The court emphasized the importance of adhering to procedural timelines and the rights conferred upon the parties under the Commercial Courts Act, 2015 and the Civil Procedure Code.
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