SUPREME COURT OF INDIA

Before:- Arijit Pasayat and S.H. Kapadia, JJ.

Civil Appeal No. ..... of 2005. D/d. 15.4.2005.

Bharati Telenet Ltd. - Appellant

Versus

Subhash Jain and others - Respondents

For the Appellant :-

For the Respondent :-

Constitution of India, Article 136 - Interference in interim Order - Operation of interim Order passed by first appellate Court and affirmed by High Court, stayed by order dated 17.4.2003 - Held that, interest of justice would be best served if the interim order passed is continued till disposal of the suit by the trial court.

[Para 3]

ORDER

Arijit Pasayat, J. - Heard learned counsel for the parties.

2. Leave granted.

3. Though a letter was circulated for adjournment, at the request of the learned counsel for the parties, the matter was taken up for consideration. It appears that the interim order passed by the first appellate court by the impugned order was affirmed by the High Court. It appears that the operation of the High Court's order was stayed by order dated 17-4-2003 and is in operation for nearly two years. In this background, we feel that interest of justice would be best served if the interim order passed by this Court on 17-4-2003 is continued till disposal of the suit by the trial court. We make it clear, we have not expressed any opinion on the merits of the case. The trial court is requested to explore the possibility to dispose of the suit by the end of November 2005.

4. The appeal is disposed of.

5. No costs.