Jharkhand High Court
Om Prakash Dubey vs Tata Steel Limited on 20 November, 2019
Author: Sujit Narayan Prasad
Bench: Sujit Narayan Prasad
1
IN THE HIGHCOURT OF JHARKHAND AT RANCHI
W.P. (C) No. 3918 of 2019
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Om Prakash Dubey Petitioner
Vs.
Tata Steel Limited, Jamshedpur ... Respondent
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CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD
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For the Petitioner : None For the Respondents : Mr. G.M. Mishra, Advocate
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Order No. 04 : Dated 20th November, 2019 None appears for the petitioner.
Mr. G.M. Mishra, learned counsel for the respondent- Tata Steel Limited has submitted that in pursuance to the decree passed in Eviction Suit No. 262 of 1984 execution case being Execution Case No. 03 of 1990 has been filed by the decree holder i.e. Tata Steel Limited, the respondent herein. The Judgment Debtor i.e. petitioner herein has challenged the decree passed in Eviction Suit No. 262 of 1984 by filing Misc. Appeal No. 10 of 2009, which was dismissed, against which, the Judgment Debtor approached before this Court by filing W.P.(C) No. 476 of 2013 wherein ad interim order of stay was granted but subsequently the writ petition was dismissed by this Court.
Learned counsel for the respondent further submits tht order of ad interim stay passed by this Court in W.P.(C) No. 476 of 2013 has been sought to be recalled in pursuance to the order passed in the case of Asian Resurfacing of Road Agency Pvt. Ltd and ors Vs. Central Bureau of Investigation as reported in 2018 (5) SCALE 269 and the 2 executing Court after taking into consideration the proposition laid down therein has vacated the ad interim stay granted by this Court, which is the subject matter of the present writ petition.
Further submission has been made that in the Execution Case writ for delivery of possession has already been issued.
Since the subject matter of challenge of this writ petition is vacation of ad interim stay in W.P.(C) No. 476 of 2013, in pursuance to the order passed in Asian Resurfacing of Road Agency Pvt. Ltd (supra) and when the said writ petition itself has been dismissed, nothing remain to be adjudicated in this writ petition.
Accordingly, the writ petition fails and is dismissed.
(Sujit Narayan Prasad, J.) Alankar/-