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1991 DIGILAW 744 (SC)

Mackinnon Mackenzie & Co. v. Union of India

1991-11-29

N.D.OJHA, S.RANGANATHAN, V.RAMASWAMI

body1991
JUDGMENT : 1. We have heard both Counsel. We are of the opinion that in the peculiar circumstances of this case the direction of the High Court calling upon the appellant to deposit a sum of Rs. 2,98,162.30 and the consequent directions on such deposit inflicts an undue hardship on the petitioner particularly since it had succeeded before the learned Single Judge. In the circumstances, we are of the opinion that the interests of justice will be met if the appellant is directed to furnish a bank guarantee in the sum of Rs. 2,98,162.30 as well as for interest thereon at 12% per annum which will have to be refunded in the event of the appeal of the Union of India before the Division Bench being allowed. The order of the Division Bench is modified to this extent. The bank guarantee should be furnished within six weeks from today and kept alive till the disposal of the appeal before the Division Bench. Final directions regarding the bank guarantee will be given by the Division Bench at the time of disposal of the appeal. As the point involved in the appeal is very short one, it will be open to the appellant to seek an expeditious disposal of the appeal in the High Court. 2. With these directions, the appeal is disposed of. There will be no order as to costs.