Case Note & Summary
The case involved an appeal by Indian Telephones Industries Ltd against a direction from the High Court to deposit Rs.35,00,000/- before the Industry Facilitation Council. The Supreme Court noted that both parties acknowledged that no award had been passed in the matter. The appellant contested the High Court's order, arguing that it was unjustified to require a deposit in the absence of an award. The Supreme Court agreed with the appellant, stating that the High Court's direction lacked justification. Consequently, the Court set aside the order requiring the deposit and instructed the Industry Facilitation Council, now referred to as the Micro & Small Enterprises Facilitation Council, to decide the matter on its merits without prejudice to the parties' contentions. The appeal was disposed of in these terms.
Headnote
A) Civil Procedure - High Court Jurisdiction - Direction to Deposit Amount - Code of Civil Procedure, 1908 - High Court directed the appellant to deposit Rs.35,00,000/- before the Industry Facilitation Council despite no award being passed. The Supreme Court held that such a direction was unjustified and set aside the order, directing the Council to decide the matter on merit expeditiously (Paras Not mentioned).
Issue of Consideration
Whether the High Court was justified in directing the appellant to deposit a sum before the Industry Facilitation Council in the absence of an award.
Final Decision
The Supreme Court set aside the High Court's order directing the appellant to deposit Rs.35,00,000/- before the Industry Facilitation Council, stating that such a direction was unjustified in the absence of an award. The Court directed the Industry Facilitation Council to decide the matter on merit expeditiously.
Law Points
- High Court jurisdiction
- deposit order
- absence of award
