Madhya Pradesh High Court
Lanxess India Pvt. Ltd. Through Mr. ... vs M.P. Pollution Control Board Through ... on 4 December, 2018
1 MCRC-47769-2018
The High Court Of Madhya Pradesh
MCRC-47769-2018
(LANXESS INDIA PVT. LTD. THROUGH MR. PINTU DAS Vs M.P. POLLUTION CONTROL BOARD
THROUGH DR. SURESH KUMAR SHRANGI)
1
Indore, Dated : 04-12-2018
Shri Manish Nair, learned counsel for the petitioner - Lanxess India
Pvt. Ltd.
Heard on IA No.8365/2018 which an application for grant of ad-interim
stay.
The prayer is that proceedings of Criminal Case No.4903/2017 pending
before the Judicial Magistrate, First Class, Ujjain be stayed till the final hearing
of the present petition.
Learned counsel for the petitioner submitted that the Trial Court issued
bailable warrants in the sum of Rs.1,000-00 each against the Respondent
Nos.2 to 6 vide order dated 30.08.2018 even though the summons have not been served. Some citations have been quoted in which it has been held that without service of notice, bailable or non-bailable warrants should not be issued. It was intimated by learned counsel for the petitioner that process fee has not been paid so summons have not been issued.
It would be appropriate to hear the other side - M. P. Pollution Control Board in the matter as well as there is no urgency because the warrants have not been issued.
Issue notice to the Respondent - M. P. Pollution Control Board on payment of process fee today itself.
Learned counsel for the petitioner submits that the case is fixed on 18.12.2018 before the Trial Court, therefore, it is directed that matter be listed on 14.12.2018.
(SHAILENDRA SHUKLA) JUDGE AKS Digitally signed by Anl Kumar Sharma Date: 2018.12.05 10:41:55 +05'30'