Madhya Pradesh High Court
Acc Limited vs The State Of Madhya Pradesh Judgement ... on 3 April, 2014
Writ Petition No.4081/2014
03.04.2014
Shri Kishore Shrivastava, Senior Advocate with Shri Prem
Francis, Advocate for the petitioner.
Shri Samdarshi Tiwari, Government Advocate for the
respondents/State.
Heard counsel for the parties.
As regards admission of writ petition is concerned, we have no hesitation in admitting the same as the issue raised in this writ petition is also raised in other matters pending in this Court inter alia W.P.No.4182/2013 etc. As regards interim relief, counsel for the petitioner is relying on the order dated 18.2.2013 passed in W.P.No.1913/2013 which according to him has been continued from time to time and has been followed in other writ petitions. According to him, the effect of the said interim order is that no coercive action can be taken by the respondents during the pendency of the writ petition against the petitioner.
Learned counsel for the State, however, has invited our attention to order dated 29.8.2013 passed in group of cases involving similar questions. The Division Bench of this court has imposed certain conditions while granting interim relief. In other words, interim relief granted in the pending proceedings was modified in terms of this order. Writ Petition No.1913/2013 was also part of the said group as can be discerned from the order. On this basis, learned counsel for the State submits that the modified order dated 29.8.2013 applies to the case of writ petitioner in W.P.No.1913/2013 and companion writ petitions and for which reason conditional interim relief in terms of order dated 29.8.2013 be passed.
Writ Petition No.4081/2014Counsel for the petitioner, however, submits that the order dated 29.8.2013 was passed in connection with writ appeals and not writ petitions.
Prima facie, this submission does not appear to be correct as the title of the order refers to all the connected writ petitions. In this backdrop counsel for the petitioner submits that the position can be ascertained by listing of all the matters together. As a result we defer the hearing of this petition with direction to the Registry to list all the companion writ petitions under caption "Order" for consideration of grant of interim relief in the present writ petition in the light of earlier orders.
Be listed on 11.4.2014. Petitioner is free to file compilation of all the orders supported by affidavit, in the meantime.
(A.M.Khanwilkar) (K.K.Trivedi) Chief Justice Judge HS