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Glaxosmithkline Pharmaceuticals Ltd & Anr vs Union Of India & Anr

Supreme Court Of India|05 October, 2012
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JUDGMENT / ORDER

Summary

Issue: Interim Stay of Demand Notices
Rule: The High Court's refusal to grant any interim orders to the appellants
Application: The appellants have deposited certain amounts pursuant to the directions issued by the Supreme Court, avoiding the need for the court to consider the merits of the case at this stage
Conclusion: The court's decision not to grant an ad-interim stay of demand notices has left the respondents free to pursue their demand for payment, while the appellants can still argue their case in the main Writ Petition
1. Leave granted.
2. Pursuant to the directions issued by us on 26.03.2012, the appellants herein have deposited a sum of Rs.13,682 lacs. The quantification was done by the appellants which was only tentative and without prejudice to the rights of both the parties.
3. This appeal was filed against the refusal by the High Court to grant any interim orders to the appellants wherein the appellants had sought for ad-interim stay of the demand notices issued by the respondents for payment of interest.
4. Since the appellants have deposited certain amounts pursuant to the directions issued by this Court, in our opinion, it would not be necessary for us, at this stage, to consider the merits or demerits of any one of the contentions raised by the appellants and the respondents herein because the main Writ Petition itself is still pending before the Writ Court.
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5. In view of the above, while disposing of the appeal, we request the learned Single Judge of the Delhi High Court to dispose of the Writ Petition (C) No.7949 of 2011 as expeditiously as possible. All the contentions of both the parties are left open.
Ordered accordingly.
. J.
(H.L. DATTU) . J.
(CHANDRAMAULI KR. PRASAD) NEW DELHI; OCTOBER 05, 2012 Page 2
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Title

Glaxosmithkline Pharmaceuticals Ltd & Anr vs Union Of India & Anr

Court

Supreme Court Of India

JudgmentDate
05 October, 2012
Judges
  • H L Dattu
  • Chandramauli Kr Prasad