Deepak Aggarwal vs Keshav Kaushik & Ors on 21 January, 2013
39. In support of the above submissions, Mr. P.S. Patwalia relied
upon decision of this Court in Satish Kumar Sharma7 and a decision of
this Court in Mallaraddi H. Itagi. Reference was also made to the decision
of the Karnataka High Court in Mallaraddi H. Itagi from which the appeals
were preferred before this Court. Learned senior counsel submitted that the
view taken by Karnataka High Court and upheld by this Court is the view
which has been taken by various other high courts, namely, Kerala High
Court in K.R. Biju Babu v. High Court of Kerala & Another[10], Jammu and
Kashmir High Court in Gurjot Kaur and Others v. High Court of Jammu and
Kashmir and Another decided on 14.09.2010, Bombay High Court in Sudhakar
Govindrao Deshpande v. State of Maharashtra and Others[11], Allahabad High
Court in Akhilesh Kumar Misra and Others v. The High Court of Judicature at
Allahabad and Others[12] Rajasthan High Court in Pawan Kumar Vashistha v.
High Court of Judicature for Rajasthan, Jodhpur and Another decided on
21.02.2012.