THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE
AND
THE HON'BLE SRI JUSTICE N.V.SHRAVAN KUMAR
WRIT APPEAL No.1046 of 2023
JUDGMENT: (per the Hon'ble the Chief Justice Alok Aradhe)
Mr. D.V. Sitharam Murthy, learned Senior Counsel
represents Mr. A. Chandra Shaker, learned counsel for the
appellant.
2. This intra court appeal has been filed against
an interim order dated 12.10.2023 passed by a learned Single
Judge by which the appellant herein has been directed not to
encash/allow fraudulent invocation of bank guarantee of
Rs.13.5 crores.
3. Learned counsel for the appellant has made following
submissions:
i) The Writ Petition preferred by respondent
No.1 herein is not maintainable.
ii) Respondent No.1 herein has approached the Court with unclean hands and is guilty of suppression of facts.
CJ & NVSK, J 2 W.A.No.1046 of 2023
4. We have heard the learned counsel for the appellant and have perused the record.
5. The appellant has entered appearance in the proceedings before the learned Single Judge and the proceedings before the learned Single Judge are fixed on 10.11.2023.
6. In view of aforesaid, we are not inclined to entertain the Writ Appeal. Needless to state that the appellant shall be at liberty to file an application seeking vacation of the order dated 12.10.2023 which shall be dealt with on its own merits by the learned Single Judge expeditiously.
7. With the aforesaid observation, the Writ Appeal is disposed of.
Miscellaneous applications, if any pending, shall stand closed. There shall be no order as to costs.
___________________ ALOK ARADHE, CJ ________________________ N.V.SHRAVAN KUMAR, J 6th NOVEMBER, 2023.
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