Case Note & Summary
The dispute arose from a refusal by the High Court to grant interim orders to the appellants, GlaxoSmithKline Pharmaceuticals Ltd. and another, who sought an ad-interim stay on demand notices for payment of interest issued by the Union of India and another. The appellants deposited a sum of Rs.13,682 lacs as directed by the Supreme Court, which was described as tentative and without prejudice to the rights of both parties. The Supreme Court, while acknowledging the deposit, decided not to delve into the merits of the contentions raised by either party since the main Writ Petition was still pending before the Writ Court. The Court requested the learned Single Judge of the Delhi High Court to expedite the disposal of the Writ Petition No. 7949 of 2011, leaving all contentions open for consideration. The judgment was delivered on October 5, 2012.
Headnote
A) Civil Procedure - Interim Relief - Request for Stay of Demand Notices - Civil Appeal No. 7266 of 2012 - Appellants sought ad-interim stay of demand notices issued for payment of interest, which was refused by the High Court. The Supreme Court noted the deposit made by the appellants and requested the High Court to expedite the disposal of the pending Writ Petition, leaving all contentions open. Held that the merits of the case need not be considered at this stage (Paras 3-5).
Issue of Consideration
Whether interim orders should be granted to the appellants regarding demand notices for payment of interest.
Final Decision
The Supreme Court disposed of the appeal by requesting the Delhi High Court to expedite the disposal of the pending Writ Petition No. 7949 of 2011, leaving all contentions open.
Law Points
- Interim relief
- Writ jurisdiction
- Deposit of amount
- Stay of demand notices
