M/S Tata Engineering And ... vs Kanhaiya Lal
2022 Latest Caselaw 15074 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc Stay Application No. 2270/2022

M/s Tata Engineering and Locomotive Company Ltd., 26 Floor Centre No. 1, World Trade Centre, Cuff Parade, Mumbai

----Petitioner Versus Kanhaiya Lal S/o Shri Mangilalji Menariya (Joshi, R/o Chirva, Tehsil Girva, District Udaipur. At present 1183, Abhishekh Higher Secondary School Road, Paneriyo Ki Madri, Udaipur.

                                                                ----Respondent


For Petitioner(s)        :     Mr. Arpit Mehta (through VC)
For Respondent(s)        :     None present



            HON'BLE MS. JUSTICE REKHA BORANA

                                    Order

22/12/2022

The present second stay application has been moved with a

submission that an interim order had been granted by this Court

on 12.02.2008 but subsequently the appeal was dismissed in

default. A restoration application being S.B. Civil Restoration

Application No.165/2019 was preferred and vide order dated

06.11.2020, the appeal was restored to its original number.

When the present appeal was not listed for a long time, an

early hearing application was moved by the learned counsel for

the appellant and thereafter, a report was made by the office that

the file/record of the present appeal is not traceable.

Learned counsel for the appellant placed on record the copy

of the order dated 06.11.2020 whereby the appeal was restored.

The said order takes note of the fact that in the appeal there was

an interim order dated 12.02.2008.

(2 of 2) [CSTAY-2270/2022]

In view of the fact that the file of the present appeal is not

traceable by the office and in view of the fact that the order dated

06.11.2020 specifically mentioned that an interim order dated

12.02.2008 is operating in the said appeal, let notices of this stay

application be issued to the respondents and be made returnable

within a period of four weeks.

Notices be filed in two sets. On the same being filed, one set

be given 'dasti' to learned counsel for the petitioner for service

through registered post acknowledgment due.

Meanwhile and till next date, the operation and effect of the

judgment and decree dated 19.09.2007 shall remain stayed.

(REKHA BORANA),J 3-Dharmendra/-

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