The Division Bench held that it was not inclined to interfere with the learned Single Judge's refusal to vacate an interim order passed over a decade ago, where the applicant filed the application for vacation several years later.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
D.B. Special Appeal Writ No. 384/2022
----Appellants
----Respondents
| For Appellant(s) | : | Mr. Virendra Lodha, Senior Advocate with Mr. Rachit Sharma |
|---|---|---|
| For Respondent(s) | : |
HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI HON'BLE MR. JUSTICE SUDESH BANSAL
Order
22/02/2022
The appeal is filed against an order dated 03.08.2021 passed by the learned Single Judge refusing to vacate the ex parte interim order and thereby dismissing the application of appellant under Article 226(3) of the Constitution. We notice that interim order was passed as far back as on 24.12.2010. The application for vacating such order was filed several years later. If therefore
(2 of 2)
[SAW-384/2022]
the learned Single Judge refused to vacate the interim order, in this intra- court appeal we are not inclined to interfere.
Learned counsel for the appellant submitted that the value of the plot in question rose to crores of rupees and because of the pending litigation and interim impugned order passed by the Court, the corporation is unable to put it in auction. He also submitted that the petitioner has approached the High Court without availing the alternative statutory remedy. It is always open for the appellant to request the learned Single Judge to take up the petition for final hearing during which all these contentions can be raised.
With these observations the appeal is disposed of.
(SUDESH BANSAL),J
(AKIL KURESHI),CJ
N.Gandhi/6
1 issue framed by the court
Whether the High Court should interfere in the Single Judge's refusal to vacate an old interim order due to delay in filing the application.
1 provisions across 1 enactments
Rajasthan State Industrial Development And Investment Corporation Limited
Uttam Distilleries Ltd
The State Of Rajasthan
Akil Kureshi
Sudesh Bansal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
