Case Note & Summary
Background: The case arose from long-drawn litigation between the parties. An appeal, FAO (OS) No. 221/91, was pending before the High Court. The Supreme Court granted leave against the High Court's order, which was only a direction to list the appeal for disposal. Facts: By order dated July 12, 1994, the High Court Division Bench directed that the appeal FAO (OS) No. 221/91 be listed for final hearing on October 17, 1994, within the first five cases. That date passed, but the appeal remained undisposed. The Supreme Court noted the long-drawn litigation between the parties. During the proceedings, counsel for the respondents submitted that because of the stay of the suit, their clients were prevented from taking any direction or order by way of interlocutory application. Legal Issues: The primary legal issues were whether the stay of trial of the suit precluded the respondents from seeking appropriate interlocutory reliefs and whether an early date should be fixed for disposal of the pending first appeal. Arguments: The respondents contended that the stay of the suit prevented them from seeking interlocutory reliefs. No argument from the appellants was recorded in the order. Court's Analysis: The Supreme Court observed that the impugned order merely directed the listing of the appeal for disposal. Since the time fixed by the High Court had already lapsed and the appeal was yet to be disposed of, the Court requested the High Court to appropriately fix an early date for disposal, preferably before the end of the year. It clarified that the stay of the trial of the suit does not preclude the respondents from seeking such appropriate interlocutory reliefs as may be available and warranted in the facts and circumstances. Decision: The appeal was disposed of with the direction/request to the High Court to fix an early date for disposal of FAO (OS) No. 221/91 and with the clarification that the stay does not bar interlocutory reliefs. No costs were ordered.
Headnote
A) Civil Procedure - Interlocutory Relief - Stay of Trial Does Not Preclude Interlocutory Applications - Not mentioned - The Supreme Court observed that the stay of trial of the suit does not preclude respondents from seeking appropriate interlocutory reliefs as may be available and warranted in the facts and circumstances; it directed the High Court to fix an early date for disposal of FAO (OS) No. 221/91, preferably before end of year - Held that the stay does not bar interlocutory relief (Para 1).
Issue of Consideration
Whether the stay of trial of the suit precludes the respondents from seeking appropriate interlocutory reliefs in the pending appeal; and whether the High Court should be directed to fix an early date for disposal of FAO (OS) No. 221/91.
Final Decision
Appeal disposed of. Supreme Court requested High Court to appropriately fix an early date for disposal of FAO (OS) No. 221/91, preferably before the end of the year. Clarified that stay of trial of suit does not preclude respondents from seeking appropriate interlocutory reliefs. No costs.
Law Points
- Stay of trial does not preclude seeking appropriate interlocutory reliefs
- High Court directed to fix early date for disposal of pending appeal
- no costs
