ORDER
By this order, I propose to dispose of application of the
defendant under Order 39 Rule 4 r/w Section 151 CPC for vacation ... order dated 19.10.2020 alongwith
application under Order 39 Rule 1 and 2 CPC of the plaintiff.
1. The defendant has moved the application under Order
OPES who filed OJ
CA 1 of 2019 for vacation the arrest order which came to be
allowed bt learned single judge giving rise ... proceedings for vacation of the ex
parte order of arrest and that order was
vacated and the order of the learned single
Judge vacating
order, as against one of the respondents who
moved to vacate the interim order granted in W.P.(C)
No.1633/2019.
W.A.1570 ... apprehension expressed by the respondent, in the appeal
from the order vacating the earlier interim order in the
writ petition, is that service
order was vacated
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and the court also stayed the operation of G.O.Ms.No.22. After
vacation of the interim order, the appeal ... Authority. Subsequently, interim order
granted in his favour was vacated. After vacation of the interim
order, Authority heard and decided the appeal finally. Petitioner
challenged
JUDGMENT
that:
[A] YOUR LORDSHIPS be pleased to set aside ex parte
order dated 22nd February 2016 passed in Admiralty Suit ... entered appearance for the protest for the limited
purpose of vacating the order of arrest dated
22.02.2016, passed against the defendant-vessel.
Factual Matrix
Maheshwari (the defendant no.2
herein) sought to have the order vacated on the issue of the
2
maintainability of the Admiralty Suit as well ... dies not find any
grounds in fact or in law for vacating the order of arrest dated 9th
December, 2020. Since the order of arrest
amount
of compensation could not lead to vacation of the
order suspending the sentence rather it was open to
the respondents to recover the said ... order of suspension of
sentence shall be deemed to have been vacated. The
order dated 20.07.2019 was an order passed by the
Additional Sessions Judge
taken
advantage of the interim order have now raised question of jurisdiction of
this Appellate tribunal to pass interim order as passed ... 15th October, 2018.
8. Before deciding the question whether to vacate the interim order or to
continue with the same and/ or to decide
then, sought modification of the order
dated 12.07.2018, which was declined by an order dated
08.10.2018. Against this order, the petitioner filed ... case of the respondent that the order dated 12.7.2018 extended
the time to vacate the suit premises until 30.11.2018 and
thereafter, considering the protection given
Janta Land Promoters Private Limited vs Union Of India And Others on 16 October, 2020
