Cement Corporation Of India Ltd. vs Lic Of India And Anr.
2005 Latest Caselaw 532 Del

JUDGMENT

B.C. Patel, C.J.

1. The present appeal is filed against the order dated 17.1.2005 made by the learned single Judge in CM No. 495/2005 in WP(C) No. 637/2005.

2. It is required to be noted that the writ petition is pending before the learned single Judge and show cause notice has been issued, returnable on 21.5.2005. The grievance of the appellant is that the learned single Judge ought to have allowed the application and put the present appellant back into possession of the premises. On behalf of the respondent it was submitted before the learned single Judge that the application has become infructuous as possession of the premises has already been taken and premises are in possession of the respondent. Learned counsel for the appellant submitted before the learned single Judge that the locks were broken and respondents have put their own locks.

3. We are of the opinion that when the Writ Petition is already listed before the learned single Judge on 21.5.2005, at this stage, no interference is called for, more particularly, when both the appellant and respondent No.1 are public sector undertakings and it is for them to approach the High Powered Committee in view of the decision of the Apex Court in Oil and Natural Gas Commission v. Collector of Central Excise.

4. Hence, the appeal and the stay application are dismissed.