National Textile Corporation (U. P. ) Ltd. v. Swadeshi Cotton Mills Co. Ltd.
1988-07-12
R.S.PATHAK, SABYASACHI MUKHARJI
body1988
DigiLaw.ai
JUDGMENT : 1. After hearing learned counsel for the parties we direct that while the petitioner may continue in possession of the portion of the property to which the Swadeshi Cotton Mills Co. Ltd. has been held entitled under the terms of the decree of this court dated 17 December, 1985 in Civil Appeal No. 1242 of 1977, the said decree shall continue to operate in its other particulars subject, however, to any orders which may be passed in future by the trial court in Suit No. 104 of 1987 in the interest of justice and in order to preserve the rights of the respective parties during the pendency of the Suit. In the event of a party demolishing a construction forming part of the property allotted to it under the decree of this Court, such party will restore the property to its original condition by raising an appropriate construction if it follows from the decision in the Suit that the party concerned was not entitled to effect such demolition. 2. We direct further that as regards the term of the order dated 13 July, 1987 made by this Court obliging the petitioner to deposit a sum of Rs. 25000/- per month the petitioner shall make such deposit in a scheduled bank to the credit of an interest earning account opened in the name of the first respondent, but it will not be open to the first respondent to withdraw any amount from such account without the prior order of the court. 3. The Special Leave Petition in disposed of accordingly.