The High Court dismissed the writ petition challenging the District Judge's refusal of interim injunction or status quo regarding transformer shifting. The Court upheld the lower court's order, noting no jurisdictional error.
Writ petition dismissed; no interim order granted.
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.
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition (M/S) 2543 of 2021
M/S R.K.Mills through its Authorized Partner
.......….......Petitioner
-versus-
Premlata Chauhan and others ……...Respondents
Date of hearing and Judgement : 02.12.2021
Advocates appeared in the case:-
For Appellant : Mr. M.S.Pal, learned Senior Counsel, assisted by Mr. Sachin, learned counsel for the petitioner
For Respondents : Mr. Dharmendra Barthwal, learned counsel for the respondent.
Sri S.K.Mishra, J.
during pendency of the appeal, he filed an application for stay (Sic). The learned District Judge did not allow the application and rightly did so because the petitioner is a rice mill, which is a heavy user of the electricity and the electricity is being used to its premises from a transformer, which is installed in the property of defendant no.1. Now, on the application of the defendant no.1 the Service Line is to be shifted. The petitioner being an industrial /commercial unit, should also provide adequate facilities for such electricity supply an environmental provisions. Hence, the writ court considers that the order passed by the Additional District Judge does not suffer from a jurisdictional error. This Court is also of the opinion that in this case no interim order should have been passed by the appellate court and it has rightly not passed an interim order.
(S.K.Mishra) Judge
KKS
3 issues framed by the court
Whether the High Court should interfere withthe District Judge's refusal to grant interim injunction or status quo regarding shifting of transformer.
Whether the order dismissing the application for stay was free from jurisdictionalerror.
Whether an interim order should have been passed by the appellate court during pendency of appeal.
M/S R.K.Mills
Premlata Chauhan
others
S.K.Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
