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Madhya Pradesh High Court

M/S Chinar Shipping And Infrastructure ... vs M/S Laxyoenergy Ltd. on 5 December, 2024

Author: Sanjeev S Kalgaonkar

Bench: Sanjeev S Kalgaonkar

                                                               1                             MCRC-54607-2021
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT INDORE
                                                     MCRC No. 54607 of 2021
                          (M/S CHINAR SHIPPING AND INFRASTRUCTURE (INDIA) PVT. LTD. AND OTHERS Vs M/S LAXYOENERGY
                                                                   LTD. )



                          Dated : 05-12-2024
                                   Shri Vivek Singh, Advocate for the petitioners.
                                   Shri Rishi Tiwari, Advocate for the respondent [R-1].

Heard on 19445 of 2024, which is an application filed by the petitioners for stay of order dated 19.09.2024 and proceeding emanating therefrom.

Learned counsel for the petitioners proposes to argue the matter on merit. However, he requests that till next date of hearing only, the petitioners may be protected from coercive action in view of the earlier protection granted vide order dated 10.11.2024. Learned counsel further submits that vide order dated 12.02.2024, the coordinate Bench of this Court has clarified that the interim order relates to no coercive action against the petitioners. There is no stay of the proceedings of the trial Court, still the trial Court has proceeded with issuing permanent warrant of arrest against the petitioners.

Per Contra, learned counsel for the respondent submits that the petitioners are delaying hearing of this petition since 2021, therefore, learned trial Court proceeded to issue permanent warrant of arrest in view of the order dated 12.02.2024 permitting the trial Court to proceed with the trial.

Heard learned counsel for both the parties. Considered.

2 MCRC-54607-2021 It is directed that both the parties shall remain present for arguments on the main petition under Section 482 of Cr.P.C. No coercive action shall be taken against the petitioners till the next date of hearing only.

List the matter for hearing on main petition under Section 482 of Cr.P.C. on 07.01.2025 at the 'top of the list'.

(SANJEEV S KALGAONKAR) JUDGE pn Signature Not Verified Signed by: PREETHA HARI NAIR Signing time: 12/5/2024 5:22:24 PM