Supreme Court Allows Appeal in Civil Matter — Undertaking Accepted. The court accepted the undertaking provided by the respondent through its Director, leading to the disposal of the appeal.

  • 0
Judgement Image
Font size:
Print

Case Note & Summary

The case involved an appeal by Bihar State Credit & Investment Corporation Ltd. against Prakash Roller Flour Mills Ltd. The Supreme Court, in its judgment dated 25 January 2008, addressed the appeal arising from Special Leave Petition No. 14670 of 2007. The court granted leave and allowed the appeal based on an additional affidavit filed by the respondent. The affidavit included an undertaking from the respondent's Director, Shri Raman Prakash Saraogi, which was accepted by the court. The judgment clarified that the appeal was disposed of in accordance with the terms of the undertaking provided. The court's decision emphasized the importance of the undertaking in resolving the matter at hand.

Headnote

A) Civil Procedure - Appeal - Acceptance of Undertaking - Civil Appeal - The court allowed the appeal based on the undertaking provided by the respondent through its Director. The undertaking was accepted and the appeal was disposed of accordingly, indicating the court's reliance on the affidavit submitted (Paras Not mentioned).

Subscribe to unlock Headnote Subscribe Now

Issue of Consideration

Whether the undertaking given by the respondent was sufficient to allow the appeal.

Subscribe to unlock Issue of Consideration Subscribe Now

Final Decision

The Supreme Court allowed the appeal based on the undertaking provided by the respondent, which was accepted by the court.

Law Points

  • Civil procedure
  • appeal
  • undertaking
  • affidavit
Subscribe to unlock Law Points Subscribe Now

Case Details

2008 LawText (SC) (01) 212

Appeal (civil) 749 of 2008

2008-01-25

S.H. Kapadia, B. Sudershan Reddy

Bihar State Credit & Investment Corporation Ltd. & Ors.

Prakash Roller Flour Mills Ltd.

Subscribe to unlock Case Details (Citation, Judge, Date & more) Subscribe Now

Nature of Litigation

Civil appeal regarding an undertaking.

Remedy Sought

The appellant sought to have the appeal allowed based on the respondent's undertaking.

Issues

Sufficiency of the undertaking provided by the respondent

Submissions/Arguments

The respondent provided an undertaking through its Director. The court needed to clarify the acceptance of the undertaking.

Ratio Decidendi

The court relied on the undertaking provided by the respondent as a basis for allowing the appeal.

Judgment Excerpts

The Appeal stands allowed in terms of the additional affidavit filed on behalf of the respondent-M/s. Prakash Roller Flour Mills Ltd. Undertaking has been given by the respondent herein through its Director Shri Raman Prakash Saraogi.

Procedural History

The appeal arose from Special Leave Petition No. 14670 of 2007.

Subscribe to unlock full Legal Analysis Subscribe Now
Related Judgement
High Court Bombay High Court Quashes No-Confidence Motion Against Sarpanch in Bombay Village Panchayat Act Case Due to Procedural Violations. Motion Not Moved or Seconded and No Debate Held Before Voting, Rendering Resolution Void Under Rules 17 and 21-28 of Bo...
Related Judgement
Supreme Court Supreme Court Dismisses Appeal Against Termination of Probationary Employees as Retrenchment Due to Non-Compliance with Statutory Provisions. Termination of Service of Probationers Constitutes Retrenchment Under Section 2(oo) of the Industrial Disput...