Dismissed

M/S Jai Ishwari Corrugation Industry Pvt. Ltd. v. District Magistrate

Himachal Pradesh HC7 Mar 2022CWP/761/2022

Case brief

AI extract

What is this about?

Petitioner sought interim relief regarding a securitization auction pending before DRT-I Chandigarh when neither Presiding Officer was in place. Upon appointment of the Officer, Court dismissed writ petition directing suspension of auction for ten days.

What did the court decide?

Rotary herewith disposed of with liberty to file appropriate application before the Tribunal and auction of the property shall not take place during the next ten days.

M/S Jai Ishwari Corrugation Industry Pvt. Ltd. Vs… — Insurance | Himachal Pradesh HC (2022)

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

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ON THE 7^th DAY OF MARCH, 2022

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BEFORE

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HON’BLE MR. JUSTICE MOHAMMAD RAFIQ CHIEF JUSTICE

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HON’BLE MS. JUSTICE JYOTSNA REWAL DUA

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CIVIL WRIT PETITION No. 761 of 2022

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Between:

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M/S JAI ISHWARI CORRUGATION INDUSTRY PRIVATE LTD., R/O VILL. POWARD, P.O. SHOBHI, NEAR INDUSTRIAL AREA, SHIMLA, THROUGH ITS DIRECTOR DEV RAJ SHARMA, S/O SH. SITA RAM, C/O SUVIDHA BHAWAN, SANJAULI SHIMLA, DISTRICT SHIMLA, H.P.

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…PETITIONER

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(BY MR. MOHAN SHARMA, ADVOCATE.)

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AND

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1. DISTRICT MAGISTRATE SHIMLA, DISTRICT SHIMLA, H.P.

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2. THE VIJAY BANK (NOW BANK OF BARODA) BRANCH THE MALL SHIMLA, DISTRICT SHIMLA, THROUGH ITS AUTHORIZED OFFICER.

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... RESPONDENTS

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(MR. ASHOK SHARMA, ADVOCATE GENERAL, FOR R-1,

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MR. DEEPAK BHASIN, ADVOCATE, FOR R-2.)

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____________________________________________________

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This petition coming on for admission this day, Hon’ble Mr. Justice Mohammad Rafiq, passed the following:

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O R D E R

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This writ petition was entertained in a situation when there was no Presiding Officer in DRT-I Chandigarh, which has the jurisdiction over the present matter.

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The petitioner had earlier approached the DRT-I Chandigarh, but as it was not functional, he approached this Court. This Court entertained the present writ petition, however, while issuing notice on 18.02.2022, posted the matter for today for considering the prayer of the petitioner for interim relief.

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Learned Counsel for respondent No. 2 submitted that now the Presiding Officer, DRT-I Chandigarh has been appointed and that earlier twice, the writ petitions filed by the writ petitioner were not entertained by this Court. Be that as it may.

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Having regard to the fact that Presiding Officer in DRT-I, Chandigarh has now been appointed, we dispose of this writ petition with liberty to the petitioner to file an

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appropriate application before the Tribunal, in his pending securitization application, in accordance with law. The auction of the property in question shall not take place during the next ten days i.e. upto 17.03.2022.

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Pending miscellaneous application(s), if any, shall

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also stand disposed of.

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( Mohammad Rafiq ) Chief Justice

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( Jyotsna Rewal Dua ) Judge

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March 7, 2022

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(hemlata)

M/S Jai Ishwari Corrugation Industry Pvt. Ltd. v. District Magistrate

Case brief

What is this about?

What did the court decide?

M/S Jai Ishwari Corrugation Industry Pvt. Ltd. v. District Magistrate

Case brief

What is this about?

What did the court decide?

What the court decided

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