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2004 DIGILAW 838 (SC)

Reserve Bank of India v. Sharda Devi

2004-07-27

C.K.THAKKER, G.P.MATHUR, R.C.LAHOTI

body2004
ORDER : R.C. Lahoti, CJI. Heard on the question of admission. 2. The High Court, in a pending writ petition, passed an interim order dated 29.3.2004 after hearing all the parties including Reserve Bank of India, the petitioner before us. The Reserve Bank of India had raised very many pleas contained in its counter affidavit dated 8.4.2004. It appears that the petitioner in the High Court moved an application dated 21.4.2004 seeking modification of the order dated 29.3.2004. The prayer for modification has been allowed. The grievance of the Reserve Bank of India is that the impugned order of modification dated 23.4.2004 is contrary to law and does not take into consideration various pleas which were raised on behalf of the Reserve Bank of India in its counter affidavit dated 8.4.2004. The impugned order dated 23.4.2004 does not reflect the objections raised on behalf of the Reserve Bank of India having been dealt with. In our opinion, better course to follow for the Reserve Bank of India, the petitioner before us, would be to approach the High Court inviting its attention to the several pleas raised in its counter affidavit and such other pleas as may be available to it under the law to urge and seek reconsideration of the order dated 23.4.2004, which is only an interlocutory order. 3. That being the position, the operation of the order dated 23.4.2004 is directed to remain suspended till the application filed by the Reserve Bank of India, which shall be filed within a period of two weeks from today, is heard and disposed of. The High Court shall be at liberty to pass such order as it deems fit on the application of the Reserve Bank of India after hearing all the parties interested. 4. The special leave petition be treated as disposed of in the light of the above-said liberty to the petitioner-Reserve Bank of India and the observations made hereinabove.