Allowed

Rajasthan Rajya Vidyut Vitran Nigam Limited v. Somi Conveyors Beltings Limited

Rajasthan HC21 Sept 2024WMAP/281/2024

Case brief

AI extract

What is this about?

The High Court allowed the application to restore D.B. Civil Special Appeal (Writ) No.493/2024 to its original number for consideration on merits due to a delay by the learned Single Judge in hearing the application to vacate the stay order.

What did the court decide?

The D.B. Civil Special Appeal (Writ) No.493/2024 is restored to its original number for consideration on merits, and the appeal is listed for the next week.

Rajasthan Rajya Vidyut Vitran Nigam Limited… — Civil Procedure and Limitation | Rajasthan HC (2024)

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[2024:RJ-JP:40249-DB]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Civil Miscellaneous Application No. 281/2024

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D.B. Civil Special Appeal (Writ) No.493/2024 In

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S.B. Civil Writ Petition No.10293/2024

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Rajasthan Rajya Vidyut Vitran Nigam Limited, Through The Chairman And Managing Director, Having The Registered Office At Vidyut Bhawan, Jan Path, Lalkothi, Jaipur-302005, Rajasthan

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----Petitioner

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Versus

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Somi Conveyors Beltings Limited, Having Registered Office At 4F-15, Oliver House, New Powerhouse Road, Jodhpur (Rajasthan)

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Nrc Industries Private Limited, Having Its Registered Office At 9Th Milestone, Kashmir Road, Verka, Amritsar143501

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State Of Rajasthan, Through Chief Secretary, Rajasthan

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----Respondents

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For Petitioner(s)	:	Mr. Kartik Seth with Mrs. Shriya Gilhotra, Mr. Darsh Pareek, Ms. Maithili Moondra & Mr. Raghav Sharma
For Respondent(s)	:	Mr. Sumeer Sodhi & Mr. Punit Singhvi through VC assisted by Mr. Ayush Singh

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HON'BLE THE CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA

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HON'BLE MR. JUSTICE GANESH RAM MEENA

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Order

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21/09/2024

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Heard.

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There is a defect of cause-title, the same is overruled.

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Though notices have not been issued, Mr. Sumeer Sodhi and Mr. Punit Singhvi enter appearance through video conferencing for respondent No.2-NRC Industries Private Limited.

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[2024:RJ-JP:40249-DB]

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[WMAP-281/2024]

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(2 of 3)

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Learned counsel for the applicant-appellant would submit that even though this Court had made a request to learned Single Bench to consider the application for vacating ex parte interim order, vide order dated 06.08.2024, the application, despite repeated request, has not been taken up for consideration and because of ex parte stay of a tender process for procurement of conveyor belts by the Corporation, there may be crisis for maintaining the generation and supply of the electricity.

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We find that the interim order was passed during summer vacation by the learned Vacation Judge on 25.06.2024. Thereafter, an application for vacating stay order was filed on 10.07.2024. Thereafter, when the case was listed for consideration on the application, it could not reach, though prayer was made but even then, the application was not taken up. In those circumstances, the appeal was filed.

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On 06.08.2024, we requested the learned Single Judge to hear the application for vacating stay order at the earliest, preferably within a period of one week. However, it is submitted that thereafter again request was made, but the case has not been taken up and the application for vacating stay remains undecided.

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Learned counsel for the applicant-appellant also draws attention of this Court to the provisions contained under Article 226 (3) of the Constitution of India as also the judgment of the Hon’ble Supreme Court in the case of Ramrameshwari Devi Vs. Nirmala Devi, reported in (2011) 8 SCC 249 .

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Upon consideration of the submissions made by learned counsel for the applicant-appellant and that prayer is made for

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(3 of 3)

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[2024:RJ-JP:40249-DB]

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[WMAP-281/2024]

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restoration of appeal, we are inclined to restore D.B. Civil Special Appeal (Writ) No.493/2024 to its original number for consideration on its own merit.

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Accordingly, the application is allowed.

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The appeal be listed for consideration in the next week.

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(GANESH RAM MEENA),J

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(MANINDRA MOHAN SHRIVASTAVA),CJ

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RAJAT/ARTI/1

Rajasthan Rajya Vidyut Vitran Nigam Limited v. Somi Conveyors Beltings Limited

Case brief

What is this about?

What did the court decide?

Rajasthan Rajya Vidyut Vitran Nigam Limited v. Somi Conveyors Beltings Limited

Case brief

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