A bench of this High Court held that a Civil Application is not permissible for implementing an order under challenge in an appeal. The application was disposed of summarily with no substantive order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.240 OF 2007 IN LETTERS PATENT APPEAL NO. 144 OF 2002 IN WRIT PETITION NO.3562 OF 1997
Nashik Workers Union ..... Applicants.
V/s
Hindustan Aeronautics Limited ----Mr. Bhavesh Parmar for applicants.
..... Respondent.
CORAM : D.K. DESHMUKH & V.M. KANADE, JJ.
DATE : 19th November, 2007.
P.C.:
This Civil Application has been filed by the applicants for the purpose of enforcing part of the order which is impugned in the appeal. Appeal against that order has already been admitted. Both sides, admittedly, have filed appeal against that order. Order of the learned Single Judge which is under challenge in appeal, cannot be permitted to be implemented by taking out Civil Application. Civil Application is disposed of.
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(V.M. KANADE, J.)
1 issue framed by the court
Whether a Civil Application is maintainable for enforcing a part of an order which is already under appeal.
Nashik Workers Union
Hindustan Aeronautics Limited
D.K. DESHMUKH
V.M. KANADE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
