SPENCER AND COMPANYMPANY LIMITED Vs. VISHWADARSHAN DISTRIBUTORS PRIVATE LIMITED
LAWS(SC)-1994-12-26
SUPREME COURT OF INDIA (FROM: MADRAS)
Decided on December 06,1994

Spencer And Companympany Limited Appellant
VERSUS
Vishwadarshan Distributors Private Limited Respondents

JUDGEMENT

Punchhi, J. - (1.) It has been said before, and needs to be said again, what we are about to through this order, to strengthen the functional chains, which pull the judicial machine to its destination, on the track laid by the Constitution.
(2.) We have on our hoard Special Leave Petitions Nos. 12597-600 of 1993 against the judgment and order dated 29th April, 1993 of a Division Bench of the High Court of Judicature at Madras passed in some C.M.Ps. in O.S.A. Nos. 69-73 of 1993. These are at the instance of the first and the second defendant in the original suit filed by the plaintiff-first respondent, pending before a learned single Judge of the High Court, in which in intra-court appellate jurisdiction the petitioners have been subjected to certain interim orders of significance by the Division Bench. This Court on 10-9-1993 ordered issuance of notice in the special leave petitions as also on the application for stay returnable within four weeks. On response, and consideration of the counter-affidavits filed by the respondents and rejoinder affidavits by the petitioners, we had on 14-1-1994 passed the following order : "Let the matter stand by three months. In the meantime, parties counsel shall approach the High Court for an early disposal of the O.S.A. Nos. 69-73/1993 pending before it and apprise to us on the next date of hearing the result of it. We have no doubt that the High Court when approached for the purpose would give the matter due attention as is expected by us."
(3.) In order to await the outcome of the order we had kept the matter adjourned from time to time when a Division Bench of the Madras High Court consisting of Honble Mr. Justice Gulab C. Gupta (now Chief Justice of Himachal Pradesh High Court) and Honble Mr. Justice K. A. Thanikkachalam passed on August 18, 1994 the following order : "These applications are filed for fixing early hearing of the appeal. The order of the Supreme Court dated 14-1-1994 in Special Leave Appeal (Civil) No. 12597-600/93(AN) is produced before us to support the aforesaid prayer. We have considered the matter with the seriousness it deserves; but find nothing important so as to give precedence to the Appeals over large numbers of pending appeals in this Court. The appellant must take his chance strictly in order in which he approached this Court by filing these appeals. The applications are rejected." ;


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