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Judgment
17 paragraphs · 284 wordsArindam Sinha, J
I.A. no.893 of 2021 and CMP no.1566 of 2014
Mr. Rout, learned advocate appears on behalf of applicant in I.A. no.893 of 2021. He submits, prayer is for interim order dated 17th December,
2014 for stay to continue till disposal of CMP on merits. Prayer is also for early hearing of CMP.
On query from Court as to why the CMP was not prosecuted earlier he submits, service could not be made in spite of his client having put in
requisites. His client made several applications for listing of CMP but it could not be heard as business of Court did not permit.
He submits further, interim order has been vacated by court below, acting on direction of the Supreme Court in Asian Resurfacing of Road Agency
Pvt. Ltd. v. Central Bureau of Investigation, reported in (2018) 70 OCR (SC) â€" 531, paragraph 35.
On further query from Court Mr. Rout submits, the grievance of his client is because amendment of plaint was allowed at the appellate stage
relegating parties back to the trial in appellate stage. This is not permissible in law. Mr. Rout submits, 7th February, 2022 is the date fixed to the Court
below.
Contention of petitioner needs to be gone into. Order sheet reveals service has not been made. As such these are exceptional circumstances. The
interim order of stay of proceeding is revived and directed to continue till 28th February, 2022.
Petitioner is directed to appear in the Court below and inform the said Court and also cause service through said Court on that date to opposite
parties nos.1 and 3 to 7.
List on 10th February, 2022.
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