Uttarakhand High Court
Unknown vs Shri T.S. Bindra on 16 June, 2011
Author: V.K. Bist
Bench: V.K. Bist
S.A. No.12 of 2011 Hon'ble V.K. Bist, J.
Shri T.S. Bindra, learned counsel for the appellant.
Shri Dinesh Gahtori, learned Standing Counsel for the State/ respondent no.1.
Shri Neeraj Garg, learned counsel for the respondent no.2.
Heard learned counsel for the parties.
Admit the appeal on the following substantial questions of law: -
"(ii) Whether the learned lower Appellate Court erred in considering the photocopies of documents filed by the defendant no.1?
(ii) Whether the learned Appellate Court erred in relying upon the statement of witness, who had deposed on the basis of hearsay evidence and not on the basis of his personal knowledge of the facts?
(iii) Whether the learned Appellate Court erred in law in allowing the appeal without deciding the issue nos.3 & 4?
Notices need not to be issued to the respondents as the respondent no.1 is represented by Shri Dinesh Gahtori, learned Standing Counsel for the State and the respondent no.2 by Shri Neeraj Garg, Advocate.
Summon the lower court record. List this Second Appeal after the lower court record is received. MCC No.1938 of 2011 (Misc. application) Heard.
The application is allowed. Supplementary affidavit is taken on record.
CLMA No.1120 of 2011 (Stay Application) 1 Heard.
After hearing learned counsel for the parties and after considering the documents annexed with the affidavit of stay application, it is directed that till the next date of listing, no coercive steps shall be taken against the appellant in pursuance of notice/letter dated 20.05.1998.
Application stands disposed of.
(V.K. Bist, J.)
Arpan 16.06.2011