Himachal Pradesh High Court
Unknown vs State V. Jp Power Ventures on 22 August, 2022
Author: Sandeep Sharma
Bench: Sandeep Sharma
Arb.Case No. 129 of 2021 22.8.2022 Present: Mr. J.S. Bhogal, Senior Advocate with Mr. Suneet Goel, Advocate, for the petitioners.
Mr. R.L. Sood, Senior Advocate with Mr. Arjun Lal, , Advocate, for the respondents.
Since despite repeated opportunities, costs of Rs.
10.00 lac has not been deposited by the petitioners, respondents are at liberty to file execution for realization of the aforesaid amount in accordance with law.
22nd August, 2022 (Sandeep Sharma),
Manjit Judge
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Sucha Singh v. STate
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CWPOA No. 634 of 2020
22.8.2022 Present: Mr. Karan Singh Parmar, Advocate, for the
petitioner.
Mr. Sudhir Bhatnagar, Additional Advocate General with Mr. Sunny Dhatwalia, Assistant Advocate General, for the State.
In terms of order dated 1.7.2022, official of the department has come present with the record of inquiry.
Learned counsel for the petitioner prays for and is granted time to inspect the record. List on 7.9.2022.
22nd August, 2022 (Sandeep Sharma),
Manjit Judge
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GM Northern Railway v. Kartar Singh .
CMP.M No. 794 of 2020 in 22.8.2022 Present: Mr. Rahul Mahajan, Advocate, for the non-
applicant/appellant.
Mr. Ajay Sharma, Senior Advocate with Mr. Atharv Sharma, Advocate, for respondents No. 2 (a) to 2 (c) & 3.
Mr. Sudhir Bhatnagar, Additional Advocate General with Mr. Sunny Dhatwalia, Assistant Advocate rGeneral, for the State.
CMP No. 11211 of 2022By way of instant application, prayer has been made by the applicants/respondents for deletion of name of respondent No.1, who has expired on 18.3.2016. No reply is intended to be filed by the non-applicants to the instant application.
Averments contained in the application as well as documents annexed therewith clearly reveal that respondent Kartar Singh has expired on 18.3.2016, as is evident from the death certificate placed on record as Annexure-A, leaving behind LRs as detailed in para-1 of the application, who otherwise have come before this court in the instant application seeking therein their substitution in place of deceased respondent No.1. Since right to sue survives in favour of the persons sought to be brought on record in place of deceased respondent, this Court sees no impediment in accepting the prayer made in the application and accordingly, same is allowed and Registry is directed to substitute the persons detailed in para-1 of the application in place of deceased respondent No.1, whose name is otherwise ordered to be deleted from the array of the parties. Registry to carry out necessary corrections in the memo of parties on the basis of amended memo of parties annexed with the application. Application stands disposed of.
CMP No. 11212 of 2022 ::: Downloaded on - 22/08/2022 20:05:13 :::CISBy way of instant application filed under Section 151 CPC, prayer has been made on behalf of the .
applicants/respondents No. 1 to 4 for release of the award amount lying deposited with the court below. No reply is intended to be filed by the anon-applicant/appellant to the application. Learned counsel for the non-applicant fairly states that 50% of the award amount lying deposited in the trial Court can be ordered to be released in favour of the applicants during the pendency of the appeal. Since this court has already awarded 50% of the award amount in similar cases coupled with the fact that land of the claimants was acquired for the construction of railway line and till date they have been not paid the single penny, this court sees no impediment in accepting the prayer having been made by the applicants for release of 50% of the award amount lying deposited with the court below.
Consequently, in view of the above, present application is allowed and learned District Judge, Una is directed to release the award amount in favour of the applicants, by remitting the same in their saving bank accounts strictly as per their shares, detail whereof is mentioned in para-
2 of the application, subject to verification by the Accounts Branch. Application stands disposed of.
22nd August, 2022 (Sandeep Sharma),
Manjit Judge
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Gagan Garg v. NIC
.
FAO No. 256 of 2020 a/w FAO No. 179 of 2015 FAO No. 256 of 2020 22.08.2022 Present: Mr. Hamender Singh Chandel, Advocate, for the appellant.
Mr. Ishan Sharma, Advocate, for respondent No.1.
Mr. Karan Singh Kanwar, Advocate, for respondents No. 2, 3 and 5.
FAO No. 179 of 2015Mr. Ishan Sharma, Advocate, for the appellant.
Mr. Hamender Singh Chandel, Advocate, for respondent No.1.
Mr. Karan Singh Kanwar, Advocate, for respondents No. 2, 3 and 5.
CMP No. 942 of 2022 in FAO No. 256 of 2020 By way of instant application, prayer has been made by the applicant/appellant for service of respondent No.4 by way of substituted means. It has been averred in the application that despite best efforts, respondent No.4 has not been served on the given address. It has been further averred that though respondent No.4 resides on the address given in the memo of parties, but he on one pretext or the other has been evading the service, and as such, is required to be served by way of publication as well affixation. No reply is intended to be filed to the instant application by the non-applicants.
Having heard learned counsel for the parties and perused averments contained in the application, this court is convinced that respondent No.4 resides on the address given in ::: Downloaded on - 22/08/2022 20:05:13 :::CIS the memo of parties, but he is purposely evading the service .
and as such, is required to be served by way of substituted means.
In view of the above, present application is allowed and Registry is directed to serve respondent No.4 by way of publication in dally newspaper "Amar Ujala" having wide circulation in the area on the payment of usual charges within two weeks. r Besides above, Registry may also serve the aforesaid respondent by way of affixation of the notice on his last known address. Needless to say, Registry shall place on record notice of publication in the court file, enabling it to pass appropriate orders on the next date of hearing. The application stands disposed of.
22nd August, 2022 (Sandeep Sharma),
Manjit Judge
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HPSEBL v. M/s Suri Electrical and Ceramics .
Arb.Case No. 84 of 202122.8.2022 Present: Mr. T.S. Chauhan, Advocate, for the petitioner.
Mr. Neeraj Gupta, Senior Advocate with Mr. Ajeet Jaswal, Advocate, for the respondents.
List on 19.9.2022, as prayed for.
22nd August, 2022 (Sandeep Sharma),
Manjit
r Judge
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Meghna Attri v. Kaushalya Devi
.
CS No. 10 of 2020
22.8.2022 Present: Mr. Karun Negi, Advocate, for the plaintiff.
Mr. Vipin Pandit, Advocate, for defendants No. 1, 2, 5, 6 & 8.
Mr. Vijender Katoch, Advocate, for defendant No.4.
List after four weeks, as prayed for.
22nd August, 2022 (Sandeep Sharma),
Manjit Judge
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Shakuntala Khanna v. Anil Bakshi .
CR No. 192 of 201822.8.2022 Present: Mr. Dalip K. Sharma, Advocate, for the petitioner.
Mr. Mahesh Sharma, Advocate, for the respondent.
List for final disposal on 19.9.2022.
22nd August, 2022
Manjit
r to (Sandeep Sharma),
Judge
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Shyam Indus Power Solution v. HPSEBL .
Ex.PET No. 3 of 202022.8.2022 Present: Mr. Neeraj Gupta, Senior Advocate with Mr. Ajeet Pal Singh, Advocate, Advocate, for the DH.
Mr. Tara Singh Chauhan, Advocate, for the JD.
Learned counsel for the JD prays for and is granted further two weeks' time to do the needful in terms of order dated 19.7.2022.
22nd August, 2022 (Sandeep Sharma),
Manjit Judge
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UOI v. MES Contract Workers Union .
CWP No. 3172 of 202122.8.2022 Present: Mr. Balram Sharma, ASGI, for the petitioner.
Ms. Dhanvanti, Advocate vice counsel, for respondents No. 1 to 17 and 19.
Steps for the service of respondent No. 18 are stated to have been taken on 25.5.2022. If it is so, Registry to issue notice returnable within four weeks.
22nd August, 2022 (Sandeep Sharma),
Manjit Judge
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Shri Ram Transport Finance c. v. Rajni Devi .
Arb.A. No. 12 of 202222.8.2022 Present: Mr. Ashwani Kaundal, Advocate, for the appellant.
Mr. Ajay Thakur, Advocate, for the respondent.
Mr. Ajay Thakur, Advocate, has filed memo of appearance on behalf of the respondent/objector. He prays for and is granted two weeks' time file power of attorney.
r List
thereafter.
Name of appearing counsel be reflected in the cause-list henceforth.
22nd August, 2022 (Sandeep Sharma),
Manjit Judge
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Mast Ram v. Nikke Ram
.
RSA No. 21 of 2022
22.8.2022 Present: Mr. G.R. Palsra, Advocate, for the appellant.
CMP.M Nos. 1031 & 1033 of 2022
By way of instant applications filed under Order 22 Rule 4 read with Order 9 of CPC and Section 5 of the Limitation Act, prayer has been made on behalf of the applicant for bringing on record the LRs of respondent No.1 Nikke Ram after condoning the delay in filing the application and setting aside abatement, if any. Notices to the proposed LRs, as detailed in the applications, be issued returnable within four weeks on taking steps within one week.
22nd August, 2022 (Sandeep Sharma),
Manjit Judge
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M/s Garg Sons Estate Promoters Pvt v. STate .
Arb.Case No. 73 of 202222.8.2022 Present: Mr. Vivek Negi, Advocate, for the petitioner.
Mr. Sudhir Bhatnagar and Mr. Narender Guleria, Additional Advocates General, with Mr. Sunny Dhatwalia, Assistant Advocate General, for the State.
Reply on behalf of the respondents/State is stated to have been filed, but same is not on record. Registry to trace and place the same on record, if in order. Rejoinder, if any, to the reply be filed within four weeks.
22nd August, 2022 (Sandeep Sharma),
Manjit Judge
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Hiran Nand Sharma v. Vivek Kumar
.
CS No. 77 of 2022
22.8.2022 Present: Mr. Shrawan Dogra, Senior Advocate with Mr. Hem
Chand Sharma, Advocate, for the plaintiff.
Mr. B.C. Negi, Senior Advocate with Mr. Nitin Thakur, Advocate, for the defendants.
CS No. 77 of 2022 with OMP Nos. 383 and 384of 2022 Last opportunity of four weeks is granted to the defendants to file written statement as well as reply(s) to the applications, failing which right to file the same shall stand closed. List on 27.9.2022.
22nd August, 2022 (Sandeep Sharma),
Manjit Judge
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M/s Greenko Hatkoti Energy v. Kewal Singh .
CMP.M No. 814 of 202222.8.2022 Present: Ms. Sneh Bhimta, Advocate, for the applicants/appellants.
Mr. Sudhir Bhatnagar, Additional Advocate General with Mr. Sunny Dhatwalia, Assistant Advocate General, for the State.
Further three weeks' time, as prayed for, is granted to the applicants to file application for bringing on record the LRs of deceased respondents No. 2, 13, 17 and 23.
22nd August, 2022 (Sandeep Sharma),
Manjit Judge
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Mohammad Shakha v. State
.
Cr.MPM No. 1135 of 2022
22.8.2022 Present: Mr. Javed Khan, Advocate, for the petitioner.
Mr. Sudhir Bhatnagar and Mr. Narender Guleria, Additional Advocates General, with Mr. Sunny Dhatwalia, Assistant Advocate General, for the State.
Mr. Onkar Jairath, Advocate, for the complainant.
Learned Additional Advocate General states that pursuant to order dated 27.7.2022, Superintendent of Police Una, has recorded the statements, but for conclusion of inquiry, some time is required. In view of the above, further two weeks' time is granted to the Superintendent of Police to conclude the inquiry. List on 12.9.2022.
22nd August, 2022 (Sandeep Sharma),
Manjit Judge
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Hem Chand v. HP Gramin Bank
.
Cr.R. No. 405 of 2022
22.8.2022 Present: Mr. Munish Datwalia, Advocate, for the petitioner.
Mr. Basant Thakur, Advocate, for respondent No.1.
Mr. Sudhir Bhatnagar and Mr. Narender Guleria, Additional Advocates General, with Mr. Sunny Dhatwalia, Assistant Advocate General, for the State.
List after one week, enabling the learned counsel for the parties to have instructions.
22nd August, 2022 (Sandeep Sharma),
Manjit Judge
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Parma Nand Thakur v. State
.
Cr.MMO No. 447 of 2018
22.8.2022 Present: Mr. R.K. Bawa, Senior Advocate with Mr. Ajay
Kumar, Advocate, for the petitioner.
Mr. Sudhir Bhatnagar and Mr. Narender Guleria, Additional Advocates General, with Mr. Sunny Dhatwalia, Assistant Advocate General, for the State.
Mr. Pradeep Gupta, Advocate, for respondent No.2.
List after four weeks, as prayed for.
22nd August, 2022 (Sandeep Sharma),
Manjit Judge
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M/s Himalayan Plastics v. Ram Singh .
Cr.Appeal No. 531 of 201022.8.2022 Present: Mr. O.C. Sharma, Advocate, for the appellant.
Mr. Jitender Pal, Advocate, for respondent No.1.
Mr. Sudhir Bhatnagar and Mr. Narender Guleria, Additional Advocates General, with Mr. Sunny Dhatwalia, Assistant Advocate General, for the State.
List on 5.9.2022, as prayed for.
22nd August, 2022 (Sandeep Sharma),
Manjit Judge
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Mamta Devi v. Kamla Devi
.
RSA No. 372 of 2008
22.8.2022 Present: Ms. Dhanwanti, Advocate, for the appellant.
Mr. Janesh Gupta, Advocate, for the respondents.
List after six weeks, as prayed for.
22nd August, 2022
Manjit
r to (Sandeep Sharma),
Judge
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PNB v. Mukesh Verma
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Cr.R. No. 83 of 2021
22.8.2022 Present: Mr. Pradeep K. Verma, Advocate, for the petitioner.
Mr. Anuj Gupta, Advocate, for the respondent.
As prayed for, list after four weeks, enabling the learned counsel for the parties to have instructions with regard to compromise, r if any, arrived inter-se Bank and the respondent.
22nd August, 2022 (Sandeep Sharma), Judge Manjit ::: Downloaded on - 22/08/2022 20:05:13 :::CIS Kuldeep Kumar v. Chet Ram .
RSA No. 34 of 202222.8.2022 Present: Mr. Vinod Chauhan, Advocate, for the appellant.
Mr. Sanket Sankhyan, Advocate, for the respondent.
CMP No. 1784 of 2022Learned counsel for the appellant prays for and is granted two weeks' time to file rejoinder. List thereafter.
22nd August, 2022 (Sandeep Sharma),
Manjit Judge
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Chanchal Rana v. State with connected matter .
Cr.MMO Nos. 644 and 645 of 2021 22.8.2022 Present: Mr. Kamal Jeet Sharma, Advocate, for the petitioner(s).
Mr. Sudhir Bhatnagar and Mr. Narender Guleria, Additional Advocates General, with Mr. Sunny Dhatwalia, Assistant Advocate General, for the State.
Mr. Anup K. Rattan, Advocate, for respondent No.3.
Cr.MP No. 2456 of 2022 in CrMMO No. 644 of 2021 By way of instant application, permission has been sought by the applicant/petitioner to place on record additional documents, which may be relevant for proper adjudication of the case. No reply is intended to be filed by the non-applicants.
Having perused averments contained in the application as well as documents sought to be placed on record, this court is of the view that no prejudice would be caused to either of the parties if documents intended to be placed on record are taken on record.
Consequently, in view of the above, present application is allowed and copy of reply is taken on record. The application stands disposed of.
Cr.MMO Nos. 644 and 645 of 2021 Since pleadings are complete and parties are duly represented, list for hearing on 21.9.2022.
22nd August, 2022 (Sandeep Sharma),
Manjit Judge
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Rajinder Kaur v. State of HP
.
Cr.MMO No. 646 of 2021
22.8.2022 Present: Mr. Kamal Jeet Sharma, Advocate, for the
petitioner.
Mr. Sudhir Bhatnagar and Mr. Narender Guleria, Additional Advocates General, with Mr. Sunny Dhatwalia, Assistant Advocate General, for the State.
Mr. Anup K. Rattan, Advocate, for respondent No.3.
Reply by respondent No.3 be filed within a period of four weeks. List on 21.9.2022.
22nd August, 2022 (Sandeep Sharma),
Manjit Judge
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Ramkrishan Mehta v. State
.
Cr.MPM No. 1849 of 2022
22.8.2022 Present: Mr. Mahesh Sharma, Advocate, for the petitioner.
Mr. Sudhir Bhatnagar and Mr. Narender Guleria, Additional Advocates General, with Mr. Sunny Dhatwalia, Assistant Advocate General, for the State.
Notice. Mr. Sudhir Bhatnagar, learned Additional Advocate General, waives service of notice on behalf of the respondent-State. He prays for and is granted time to file status report on the next date of hearing.
The petitioner is present in the Court. He has surrendered before the Court and is taken into custody and released on bail in FIR No. 118 of 2022 dated 21.8.2022, under Section 3 (1) g of Prevention of SC and ST Act, 1989, registered at PS Dhalli, District Shimla (H.P.), subject to furnishing personal bonds in the sum of Rs.25,000/-, to the satisfaction of the learned Additional Registrar (Judicial) H.P. High Court.
Petitioner is directed to join investigation by 23.8.2022 at 11:00 AM and as and when required by the Investigating Agency. Learned Additional Advocate General is directed to apprise the complainant in writing with regard to filing of the instant bail application, so that he/she may come present before this court to contest the bail.
List on 26.8.2022.
Copy dasti.
22nd August, 2022 (Sandeep Sharma),
Manjit Judge
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Sahil v. State
.
Cr.MMO No. 758 of 2022
22.8.2022 Present: Ms. Pooja Thakur, Advocate, for the petitioners.
Mr. Sudhir Bhatnagar and Mr. Narender Guleria, Additional Advocates General, with Mr. Sunny Dhatwalia, Assistant Advocate General, for the State.
Cr.MMO No. 758 of 2022 & CrMP No. 2468 of 2022 Notice. Mr. Narender Guleria, learned Additional Advocate General, waives service of notice on behalf of the State. He prays for and is granted four weeks' time to file reply.
Cr.MP No. 2469 of 2022The application is disposed of with direction to the applicants/petitioners to file English translation of the documents in issue within four weeks.
22nd August, 2022 (Sandeep Sharma),
Manjit Judge
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Devki Nandan v. State
.
Cr.R No. 429 of 2022
22.8.2022 Present: Mr. G.R. Palsra, Advocate, for the petitioner.
Mr. Sudhir Bhatnagar and Mr. Narender Guleria, Additional Advocates General, with Mr. Sunny Dhatwalia, Assistant Advocate General, for the State.
r to Cr.R. No. 429 of 2022 Admit. Mr. Narender Guleria, learned Additional Advocate General, waives post admission service on behalf of the State. Records be called for.
Cr.MP No. 2466 of 2022Substantive sentence imposed by the learned court below shall remain suspended, subject to applicant's depositing fine amount, if not already deposited and furnishing personal bonds in the sum of Rs. 25,000/- (rupees twenty five thousand only) with one surety of the like amount to the satisfaction of the trial Court within four weeks. The application stands disposed of.
Copy dasti.
22nd August, 2022 (Sandeep Sharma),
Manjit Judge
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Kamal Dev v. Maya Devi
.
COPC No. 277 of 2022
22.8.2022 Present: Mr. Arun Raj, Advocate, for the petitioners.
Mr. Sudhir Bhatnagar and Mr. Narender Guleria, Additional Advocates General, with Mr. Sunny Dhatwalia, Assistant Advocate General, for respondents No. 3 to 5/State.
Notice. Mr. Narender Guleria, learned Additional Advocate General, waives post admission service on behalf of respondents No.3 to 5/ State. Issue separate notices to the private respondents returnable within four weeks, on taking steps within one week. Needless to say, pendency of the petition shall not be bar for the respondents to comply with the judgment alleged to have been violated. List on 22.9.2022.
22nd August, 2022 (Sandeep Sharma),
Manjit Judge
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Rahul v. State
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Cr.MPM No. 1836 of 2022
22.8.2022 Present: Mr. Yashveer Singh Rathore, Advocate, for the
petitioner.
Mr. Sudhir Bhatnagar and Mr. Narender Guleria, Additional Advocates General, with Mr. Sunny Dhatwalia, Assistant Advocate General, for the State.
Notice. Mr. Sudhir Bhatnagar, learned Additional Advocate General, waives service of notice on behalf of the respondent-State. He prays for and is granted time to file status report on the next date of hearing. List on 5.9.2022.
22nd August, 2022 (Sandeep Sharma),
Manjit Judge
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State v. Kapoor Chand
.
CMP No. 11267 of 2022 in RFA No. 2 of 2013 22.8.2022 Present: Mr. Sudhir Bhatnagar and Mr. Narender Guleria, Additional Advocates General, with Mr. Sunny Dhatwalia, Assistant Advocate General, for the appellants/non-applicants.
Mr. Karun Negi, Advocate, for the applicants/respondents.
By way of instant application, prayer has been made by the applicants/respondents for release of award amount lying deposited in the Registry of this Court. Learned Assistant Advocate General prays for and is granted ten days' time to file reply.
22nd August, 2022 (Sandeep Sharma),
Manjit Judge
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M/s Rangar Breweries Ltd. v. State .
Cr.MP No. 2465 of 2022 in Cr.MMO No. 351 of 2019 22.8.2022 Present: Mr. Suneet Goel, Advocate, for the petitioner.
Mr. Sudhir Bhatnagar and Mr. Narender Guleria, Additional Advocates General, with Mr. Sunny Dhatwalia, Assistant Advocate General, for the State.
By way of instant application, request has been made by the learned Senior Civil Judge-cum- CJM, Hamirpur, H.P., for extension of time, to conclude the trial in terms of order dated 15.11.2021, passed by this Court in Cr.MMO No. 351 of 2019, whereby this Court while dismissing the petition having been filed by the petitioner, directed the court below to conclude the trial expeditiously, preferably, within a period of six months. Since court below has been not able to conclude the trial within the time stipulated by this Court vide order 21.6.2022, prayer has been made for further extension of time.
For the reasons stated in the application, same is allowed and court below is directed to conclude the trial within a further period of fifteen days. Registry is directed to apprise the court below with regard to passing of the instant order to enable it to do the needful. Fresh application for extension of time shall not be appreciated. Application stands disposed of.
22nd August, 2022 (Sandeep Sharma),
Manjit Judge
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M/s Rangar Breweries Ltd. v. State .
Cr.MP No. 2464 of 2022 in Cr.MMO No. 350 of 2019 22.8.2022 Present: Mr. Suneet Goel, Advocate, for the petitioner.
Mr. Sudhir Bhatnagar and Mr. Narender Guleria, Additional Advocates General, with Mr. Sunny Dhatwalia, Assistant Advocate General, for the State.
By way of instant application, request has been made by the learned Senior Civil Judge-cum- CJM, Hamirpur, H.P., for extension of time, to conclude the trial in terms of order dated 15.11.2021, passed by this Court in Cr.MMO No. 350 of 2019, whereby this Court while permitting the petitioner to withdraw the petition, directed the court below to conclude the trial expeditiously, preferably, within a period of six months.
Since despite best efforts, court below has been not able to conclude the trial within the time stipulated by this Court vide order dated 21.6.2022, prayer has been made for further extension of time.
For the reasons stated in the application, same is allowed and court below is directed to conclude the trial within a further period of fifteen days. Registry is directed to apprise the court below with regard to passing of the instant order to enable it to do the needful. Fresh application for extension of time shall not be appreciated. Application stands disposed of.
22nd August, 2022 (Sandeep Sharma),
Manjit Judge
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Shakuntala Khanna, V. Anil Bakshi .
CR No. 192 of 201822.8.2022 Present: Mr. Dalip K. Sharma, Legal Aid Counsel, for the petitioner.
Mr. Mahesh Sharma , Advocate, for the respondent.
Arguments heard. Judgment reserved.
22nd August, 2022 (Sandeep Sharma),
Manjit
r Judge
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