Rajasthan Rajya Vidyut Vitran Nigam ... vs Somi Conveyors Beltings Limited ...
2024 Latest Caselaw 5885 Raj/2

Rajasthan High Court

Rajasthan Rajya Vidyut Vitran Nigam ... vs Somi Conveyors Beltings Limited ... on 21 September, 2024

Bench: Manindra Mohan Shrivastava, Ganesh Ram Meena

[2024:RJ-JP:40249-DB]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

          D.B. Civil Miscellaneous Application No. 281/2024
                                   In
            D.B. Civil Special Appeal (Writ) No.493/2024
                                   In
                S.B. Civil Writ Petition No.10293/2024

Rajasthan Rajya Vidyut Vitran Nigam Limited, Through The
Chairman And Managing Director, Having The Registered Office
At Vidyut Bhawan, Jan Path, Lalkothi, Jaipur-302005, Rajasthan
                                                                       ----Petitioner
                                       Versus
1.       Somi Conveyors Beltings Limited, Having Registered
         Office At 4F-15, Oliver House, New Powerhouse Road,
         Jodhpur (Rajasthan)
2.       Nrc Industries Private Limited, Having Its Registered
         Office At 9Th Milestone, Kashmir Road, Verka, Amritsar-
         143501
3.       State Of Rajasthan, Through Chief Secretary, Rajasthan
                                                                    ----Respondents

For Petitioner(s) : Mr. Kartik Seth with Mrs. Shriya Gilhotra, Mr. Darsh Pareek, Ms. Maithili Moondra & Mr. Raghav Sharma For Respondent(s) : Mr. Sumeer Sodhi & Mr. Punit Singhvi through VC assisted by Mr. Ayush Singh

HON'BLE THE CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE GANESH RAM MEENA

Order

21/09/2024

1. Heard.

2. There is a defect of cause-title, the same is overruled.

3. Though notices have not been issued, Mr. Sumeer Sodhi and

Mr. Punit Singhvi enter appearance through video conferencing for

respondent No.2-NRC Industries Private Limited.

[2024:RJ-JP:40249-DB] (2 of 3) [WMAP-281/2024]

4. Learned counsel for the applicant-appellant would submit

that even though this Court had made a request to learned Single

Bench to consider the application for vacating ex parte interim

order, vide order dated 06.08.2024, the application, despite

repeated request, has not been taken up for consideration and

because of ex parte stay of a tender process for procurement of

conveyor belts by the Corporation, there may be crisis for

maintaining the generation and supply of the electricity.

5. We find that the interim order was passed during summer

vacation by the learned Vacation Judge on 25.06.2024. Thereafter,

an application for vacating stay order was filed on 10.07.2024.

Thereafter, when the case was listed for consideration on the

application, it could not reach, though prayer was made but even

then, the application was not taken up. In those circumstances,

the appeal was filed.

6. On 06.08.2024, we requested the learned Single Judge to

hear the application for vacating stay order at the earliest,

preferably within a period of one week. However, it is submitted

that thereafter again request was made, but the case has not

been taken up and the application for vacating stay remains

undecided.

7. Learned counsel for the applicant-appellant also draws

attention of this Court to the provisions contained under Article

226 (3) of the Constitution of India as also the judgment of the

Hon'ble Supreme Court in the case of Ramrameshwari Devi Vs.

Nirmala Devi, reported in (2011) 8 SCC 249.

8. Upon consideration of the submissions made by learned

counsel for the applicant-appellant and that prayer is made for

[2024:RJ-JP:40249-DB] (3 of 3) [WMAP-281/2024]

restoration of appeal, we are inclined to restore D.B. Civil Special

Appeal (Writ) No.493/2024 to its original number for consideration

on its own merit.

9. Accordingly, the application is allowed.

10. The appeal be listed for consideration in the next week.

(GANESH RAM MEENA),J (MANINDRA MOHAN SHRIVASTAVA),CJ

RAJAT/ARTI/1

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