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2021 Latest Caselaw 3141 HP

CWP No. 2971 of 2018 a/w CWP Nos. 132, 203, 204, 418 to 420 of 2019 and CWP Nos. 49, 658 and 2491 of 2020

15.07.2021 Present: M/s Lalit K. Sharma, Arvind Sharma, Hem Singh

.

Thakur, Suneet Goel, Govind Korla and Shriyek

Shards, Advocates, for the petitioner(s) in the respective petitions.

Mr. Ajay Vaidya, Senior Additional Advocate

General, for the respondent­State in all the petitions.

Mr. R.L. Verma, Advocate, for respondent No.

Mr. Amit Jamwal, Advocate, vice Ms. Anandita Sharma, Advocate, for respondent No. 10 in CWP No. 204 of 2019.

M/s A.P. Singh, V.P. Singh & Atul, Advocates, for respondent No. 7­M/s Aradhna Wines in CWP No. 2971 of 2018.

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Mr. Arvind Sharma, learned counsel for the

petitioner(s) submits that these cases are squarely covered by

the judgment pronounced by this Court in CWP No. 1638 of

2017, titled as Punjab National Bank and another Vs. State of

Himachal Pradesh and others and they can be disposed of by

holding that the findings returned in the said petition shall

ipso facto apply to these petitions also.

Learned Senior Additional Advocate General

submits that though the State does not deny that the issue

raised in these petitions is squarely covered by the judgment

referred to by Mr. Arvind Sharma (supra), but the State is in

the process of filing an LPA against the judgment passed by

this Court in CWP No. 1638 of 2017 and, therefore, the

hearing of these petitions be deferred by about a few days.

Opposing this, Mr. Sharma submits that if any

appeal is to be filed by the State, then also these petitions

.

can be disposed of as covered by the judgment passed in CWP

No. 1638 of 2017, with further direction that the parties shall

abide by the outcome of the LPA.

Mr. Vaidya submits that let this order be passed

on the next date of hearing.

Learned counsel for respondent No. 7 submits that

the reply stands filed, but the same is under objections and

he is intending to file an application that the reply be taken

on record, subject to objections. Needful be done within one

week.

As prayed for, list on 22nd July, 2021.

(Ajay Mohan Goel)

Judge July 15, 2021 (bhupender)