State Trading Corporation Of India Ltd vs. Global Steel Holding Limited

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

I.A.No..... of 2015 in Petition(s) for Special Leave to Appeal (C) No(s). 14585/2015

(Arising out of impugned final judgment and order dated 09/03/2015 in EP No. 337/2014,09/03/2015 in EA No. 697/2014,09/03/2015 in EA No. 200/2015,09/03/2015 in EA No. 199/2015,09/03/2015 in EA No. 698/2014 passed by the High Court Of Delhi At New Delhi)

STATE TRADING CORPORATION OF INDIA LTD. Petitioner(s)

VERSUS

M/S GLOBAL STEEL HOLDING LIMITED AND ORS. Respondent(s)

(with appln. (s) on behalf of Respondent Nos. 1 and 2 for adjourning the criminal complaints under Section 138 of the Negotiable Instruments Act, pending before Patiala House Courts, Delhi and office report)

Date : 12/10/2015 This petition was called on for hearing today.

CORAM : HON'BLE MR. JUSTICE DIPAK MISRA HON'BLE MR. JUSTICE PRAFULLA C. PANT

For Petitioner(s) Mr. Dushyant Dave, Sr. Adv. Mr. D. R. Chaudhary, Sr. Adv. Mr. Uday Gupta, Adv. Ms. Shivani M. Lal, Adv. Mr. Mohan Pandey, Adv.

For Respondent(s) Mr. Kapil Sibal, Sr. Adv. Mr. Rajneesh Chopra, Adv. Mr. Gaurav Mitra, Adv. Ms. Deepali Dwivedi, Adv. Mr. Gautam Mitra, Adv. Mr. Gaurav Mahajan, Adv. For Ms. Liz Mathew, Adv.

UPON hearing counsel the Court made the following O R D E R

It is submitted by Mr. Kapil Sibal, learned senior counsel appearing for the respondents that the petitioner is proceeding under Section 138 of the Negotiable Instruments Act, 1881 on the foundation that the amount is payable. It has been further Digitally signed by Jayant Kumar Arora Date: 2015.10.13 16:59:07 IST Reason: Signature Not Verified

submitted that there is no dispute that the amount is payable, though there might be some dispute with regard to the figure.

Be that as it may, as directed earlier, Rs. 70 crores shall be paid to the petitioner – Corporation by 7th December, 2015. As directed earlier, the matter shall be taken up on 14th December, 2015, on which date, the respondents shall file a schedule of payment so that this Court can be apprised of the nature of commitment already made by the respondents and also the attitude to make the payment in a rational manner.

In view of the above, the proceedings under Section 138 of the Negotiable Instruments Act shall not proceed till 14th December, 2015.

I.A.No... of 2015 is, accordingly, disposed of.

(Jayant Kumar Arora) Sr. P.A. (H. S. Parasher) Court Master