Mulkhi Alias Mulki vs Uttar Haryana Bijli Vitran Nigam ...
2023 Latest Caselaw 4722 P&H

SANDEEP GROVER
2023.04.19 16:59

CR No.2297 of 2023 (O&M) 2023: PHHC:054337

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH
113
CR No.2297 of 2023 (O&M)
DATE OF DECISION : 19 APRIL, 2023
Mulkhi @ Mulki

.... Petitioner
Versus

Uttar Haryana Bijli Vitran Nigam Limited and others
.... Respondents

CORAM : HON'BLE MR. JUSTICE RAJBIR SEHRAWAT

Present: Mr. Rajesh Goyal, Advocate
for the petitioner.

3K OK OK
RAJBIR SEHRAWAT, J. (Oral)

1. This is a petition filed under Article 227 of the Constitution of

India praying for setting aside the impugned order dated 18.01.2023 (Annexure P-5) passed by the Additional District Judge, Panipat, whereby the appeal filed by the respondents against interim order has been allowed.

2. A perusal of the impugned order shows that the lower Appellate Court has reversed the order on the ground that the application under Order 39 Rules 1 & 2 CPC has not been finally decided, although the interim order passed by the trial Court is, in fact, at par with the final decision on the said application. However, the matter has only been remanded to the trial Court; with a direction to decide the application under Order 39 Rules 1 & 2 CPC. Therefore, this Court does not find any ground

to interfere in the matter, at this stage.

| attest to the accuracy and integrity of this order/judgment. -l-

CR No.2297 of 2023 (O&M) 2023: PHHC:054337

3. However, it is clarified that the trial Court shall be at liberty to pass the order on application under Order 39 Rules 1 & 2 CPC as deemed appropriate by it in view of the material before it, without getting influenced

by any observations made by the lower Appellate Court in the order

impugned before this Court.

4. With these observations, the present petition is disposed of. 19" APRIL, 2023 (RAJBIR SEHRAWAT) 'sandeep' JUDGE

Whether speaking/reasoned: Yes No

Whether Reportable: Yes No

SANDEEP GROVER

2023.04.19 16:59

| attest to the accuracy and

integrity of this order/judgment. -2-