Jai Kumar Rathore vs Chhattisgarh State Power ...
2021 Latest Caselaw 2303 Chatt

             HIGH COURT OF CHHATTISGARH, BILASPUR
                                   Order Sheet
                              CRMP No. 454 of 2018
  • Jai Kumar Rathore S/o Shri Buturam Rathore Aged About 26 Years R/o Village
    Parani Basti Kharsia, P. S. Kharsia, District Raigarh Chhattisgarh, District :
    Raigarh, Chhattisgarh                                   ---- Petitioner
                                     Versus
 1. Chhattisgarh State Power Distribution Compnay Limited Chhattisgarh State
    Power Distribution Compnay Limited ( C S E B ), Through Jostin Lakda, Jr.
    Engineer (Supply) Chhattisgarh State Power Distribution Compnay Limited,
    Turekela, District Raigarh Chhattisgarh, District : Raigarh, Chhattisgarh
 2. State Of Chhattisgarh Through The Station House Officer, Police Station
    Kharsia, District Raigarh Chhattisgarh, District : Raigarh, Chhattisgarh
                                                                   ---- Respondents

13-09-2021 Mr. A.N. Bhakta, counsel for the petitioner.

Mr. Raja Sharma, counsel for respondent No.1. Mr. Vinod Tekam, Panel Lawyer for respondent No.2/State. Learned counsel for the petitioner prays for and is granted a week's time to implead Health Department as respondent in this case.

Heard on I.A.No.1 of 2021, which is an application for extension of stay order dated 8-8-2018 passed by this court.

Learned counsel for the petitioner would submit that he has filed this application for extension of stay order dated 8-8-2018 as the trial court is proceeding ahead with the trial.

The trial court while hearing the matter has referred to the judgment of Hon'ble Supreme Court in Asian Resurfing of Road Agency Pvt. Ltd., vs. CBI of appeal No. 1375-1376 of 2013 and has observed that the interim order after lapse of six months from the date of passing of the order, shall not be allowed to be continued, unless and until it has been extended by the order passed by this court. The observation made by learned trial Court is legal and justified in accordance with law and in view of the direction contained in the judgment of Asian Resurfing of Road Agency Pvt. Ltd (supra), therefore, the interim order passed by this court on 8-8-2018 is modified to the extent that the trial may go on but final order shall not be passed in complaint case No. 144 of 2017, until further orders.

List this case for final hearing in the week commencing 15- 11-2021 at motion hearing stage itself.

In view of the above, I.A.No.1 of 2021 stands disposed of. Certified copy as per rules.

Sd/-

(Narendra Kumar Vyas) Judge Raju