Disposed

Super Shiv Shakti Chemicals Pvt. Ltd. v. Gheesa Lal

Rajasthan HC20 Dec 2023SAW/1050/2023

Case brief

AI extract

What is this about?

The Division Bench disposed of the special appeal without issuing a notice, explicitly following an earlier order in a related writ petition. The appellant was granted liberty to apply for vacating the stay/interim order passed by the lower court.

What did the court decide?

The special appeal was disposed of on the same terms as D.B. Spl. Appl. Writ No.875/2023, with liberty to apply for vacating the interim order.

Super Shiv Shakti Chemicals Pvt. Ltd. Vs Gheesa Lal — Company and Corporate | Rajasthan HC (2023)

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[2023:RJ-JD:44686-DB]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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D.B. Spl. Appl. Writ No. 1050/2023

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Super Shiv Shakti Chemicals Pvt. Ltd., Through Its Chief Operating Officer, Devi Singh Kachhawaha S/o Shri Bhanwar Lal Kachhawaha, Age About 61 Years, Resident Of A-36, Kamla Vihar, Bhilwara, District Bhilwara, Rajasthan.

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----Appellant

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Versus

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Gheesa Lal S/o Shri Tulsi Ram Meena, Aged About 75 Years, Gudda Tehsil Bijoliya, District Bhilwara.

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Tehsildar Rawatbhata, District Chittorgarh, Rajasthan.

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Patwari, Village Shreepura, Tehsil Ravatbhata, District Chittorgarh, Rajasthan.

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Rishabh Chand Lodha S/o Chandmal Lodha, Resolution Professional (Reg. No. Ibbi/ipa-001/ip-P10175/20172018/11766). E-5, Basan Vihar, Bhilwara, Rajasthan.

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----Respondents

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For Appellant(s)	: Mr. Vikram Singh
For Respondent(s)	:

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI

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Order

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20/12/2023

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Learned counsel for the appellant submits that the controversy involved in the present appeal is squarely covered by D.B. Spl. Appl. Writ No.875/2023 (Super Shiv Shakti Chemicals Pvt. Ltd. Vs. Mool Singh Chundawat & Ors.) decided on 07.12.2023. The order reads as follows:-

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“Heard.

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Though this appeal is sated to be barred by limitation, taking into consideration the submissions made by counsel for the appellant that no notice was

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(2 of 2)

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[2023:RJ-JD:44686-DB]

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[SAW-1050/2023]

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served on them and appeal was filed as soon as they came to know about the passing of the order, delay is condoned.

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The grievance of learned counsel for the appellant is that though he was impleaded as respondent in the writ petition, without affording him any opportunity of hearing, interim order has not only be passed but also confirmed.

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Considering above submissions, instead of issuing notice in this appeal, we give the appellant liberty to apply for vacating stay/ interim order passed by learned Court below.

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With liberty as directed, the present special appeal is disposed of.”

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Accordingly, the present special appeal is disposed of in the same terms.

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(RAJENDRA PRAKASH SONI),J

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(DR.PUSHPENDRA SINGH BHATI),J

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C-1-payal/-

Super Shiv Shakti Chemicals Pvt. Ltd. v. Gheesa Lal

Case brief

What is this about?

What did the court decide?

Super Shiv Shakti Chemicals Pvt. Ltd. v. Gheesa Lal

Case brief

What is this about?

What did the court decide?

What the court decided

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