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1995 Supreme(Mad) 289

S.M.ALI MOHAMED, MISHRA
Manoj Kumar Sonthalia – Appellant
Versus
Vivek Goenka and Others – Respondent


Advocates:
Arvind P.Datar, for Appellant in all the Appeals and for Petitioner in
C.M.P. No.2347 of 1995. Arun Jetley, Senior Advocate, for S.Srinivasaraghavan, for Respondents Nos. 1 and 2 in O.S.A. Nos.84 to 88 of 1993 and C.M.P. No.2347 of 1995. G.Vasantha Pai, for S.V.Jayaraman and R.Venkataraman, for Respondent No.6 in
O.S.A. Nos.84 to 88 of 1993 and in C.M.P. No.2347 of 1995. Ram Jethmalani, Senior Advocate, for Yasodh Varadan for Respondent No.7 in O.S.A. Nos.84 to 88 of 1993 and
C.M.P. No.2347 of 1995. K.J. Palpandian, for Respondent No.8 in O.S.A. Nos.84 to 88 of 1993 and C.M.P. No.2347 of 1995. Mrs.Indira Jayasingh, Senior Advocate for Respondent No.9 in O.S.A. Nos.84 to 88 of 1993 and C.M.P. No.2347 of 1995 Chandra, for Mrs.Veena Devi Sonthalia on summons. S.Gopalaratnam, Senior Advocate as Amicus Curiae. Prasant Bhushan. Senior Advocate for M/s. Row & Reddy, for impleaded Respondent No.15 in O.S.A. Nos.84 to 88 of 1993 and C.M.P. No.2347 of 1995.

Judgment :-

Mishra, J.

The appellant in O.S.A.Nos.82 to 88 of 1993 has moved the petition, seeking inter alia to modify our order and judgment dated 27. 1994 in the said appeals in terms of the compromise memorandum in C.S. Nos.1246 and 1247 of 1992 and Petitions to implead Sterling Newspaper Limited, Bharatkatha Publications Private Limited and Bharatkatha Offset Private Limited as defendants in C.S. No.1246 of 1992, to pass an order to transfer the suit C.S. Nos. 1246 and 1247 of 1992 from the file of the Original Side to the file of the Appellate Side for the purpose of recording the compromise. The last prayer, which is also covered by separate petitions filed on behalf of the appellant in the suits is wholly uncalled for and should not have been made at all. The prayer to implead Sterling Newspaper Limited, Bharatkatha Publications Private Limited and Bharakatha Offset Private Limited as defendants 15 to 17 in the suits is also not warranted. We have however to see in the instant proceeding, whether the judgment in O.S.A. Nos.82 to 88 of 1993 by us, needs any modification and can, in the circumstances of the case, the compromise be recorded in the appeals, so that the suits C.S


































































































































































































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