Madhya Pradesh High Court
M/S. Jmc Projects (India) Ltd. vs Santosh Singh on 16 July, 2018
1 WP-14987-2016
The High Court Of Madhya Pradesh
WP-14987-2016,15907/2016
(M/S. JMC PROJECTS (INDIA) LTD. Vs SANTOSH SINGH)
13
Jabalpur, Dated : 16-07-2018
Shri Surendra Singh, learned senior counsel with Shri Akshay
Sapre and Shri M. Sahu, learned counsel for the petitioner.
Shri Prakash Upadhyay, learned counsel for the respondent No.1.
Shri Upadhyay, at the outset, raised objection that these composite petition under Article 226/227 of the Constitution of India are not maintainable. A petition under Article 226 of the Constitution, in the teeth of the Division Bench judgement reported in 2015 (2) MPLJ 382 (Satya Pal Anand Vs. Bal Niketan Nyas, Bhopal and others) is not maintainable. The petitioner has a statutory alternative remedy under Section 397/401 or Section 482 of Cr.P.C.
Learned Senior Advocate, on the other hand, clearly stated that these petitions may be treated as petition filed under Article 227 of the Constitution.
Faced with this, Shri Upadhyay fairly submits that his preliminary objection about the maintainability pales into insignificance and he is not pressing it.
Considering the aforesaid, the preliminary objection stands rejected.
The parties agreed to argue the matters on 18.07.2018. Prayer is allowed.
List on 18.07.2018.
Interim relief, if any, shall continue till next date of hearing.
(SUJOY PAUL) JUDGE Biswal Digitally signed by SHIBA NARAYAN BISWAL Date: 2018.07.16 16:40:50 +05'30'