Learned advocate for the petitioners submits that the petitioners have already paid Rs.5 lakhs to the respondent No.1 and further the petitioner would like to pay Rs.9.5 lakhs before the trial court. In view of the above, learned advocate for the petitioner prays to stay the impugned proceedings qua the petitioners.
2. Mr.
Vora, learned advocate for the private respondent, opposes grant of any relief to the petitioners on the ground that the petitioners have already admitted their dues and initiation of criminal case was prior in point of time and civil suit preferred was subsequent to the said criminal case. It is further submitted that as held by the Apex Court in the case of Syed Askari Hadi Ali Augustine Imam & Anr. v. State [Delhi Administration] & Anr. [(2009)5 SCC 528] that in a given case a civil proceedings as also a criminal proceeding may proceed simultaneously, no relief as prayed in this petition may be granted to the petitioners.
3. Having heard learned advocates for the parties and considering the fact that the petitioners have already deposited Rs.5 lakhs and further they would like to deposit Rs.9.5 lakhs before the trial court, issue Rule returnable on 26th July, 2012.
In the meanwhile, interim relief in terms of para 15[C].
Direct service is permitted.
[Anant S. Dave, J.] *pvv Top