MEERUT DEVELOPMENT AUTHORITY Vs. RAMESH CHAND

JUDGEMENT

(1.) HEARD Sri B. Dayal learned counsel appearing for Meerut Development Authority, Meerut and Sri Anil Sharma learned counsel appearing for the respondent.

(2.) THIS is a recall application dated 1. 10. 2008 to recall the order dated 18. 4. 2008 passed by this Court directing the applicant to deposit half of the total amount of interest mentioned in the order as indicated by the counsel for the development authority.

(3.) IT appears that the Reference Court by order dated 12. 3. 2007 has directed that an amount of Rs. 7,21,232. 61 on account of interest and other claims be paid within a period of one month. On 18. 4. 2008, learned counsel for the development authority stated that the matter was urgent and some order be passed otherwise there is an apprehension that the bank account of the development authority may be attached. The figure mentioned in the reference order by the court below was indicated by the learned counsel for the applicant and in such situation it was directed that half of the total amount directed by the reference court be deposited and for the rest of the amount the development authority was directed to furnish the security. It was further indicated that if this order is complied with, no further action shall be taken against the development authority. It appears that development authority was not satisfied with the order, though this order was passed after indicating the figure by the development authority, has filed a Special Leave Petition before the Apex Court on the ground that the court itself without verifying the fact has directed to deposit the said amount. On the basis of false averments made before the Apex Court by the development authority, the Apex Court vide its order dated 28. 7. 2008 has passed the following orders:-