WPMS/155/2021
2021 Latest Caselaw 259 UK

WPMS No.155 of 2021
Hon'ble N.S. Dhanik, J.

Mr. Bhupesh Kandpal, Advocate for the petitioner.

Heard.

Admit.

Issue notice to the respondents. Steps within a week.

List this case after Winter Vacations. Learned counsel for the petitioner submits that the petitioner has already challenged the order dated 29.01.2020, and yet the impugned summoning order dated 12.01.2021 has been passed during the pendency of the said challenge. He submitted that it is the settled law that if a judgment is under challenge before the Appellate Court, the Court, which has passed the judgment, should restrain its hand, by way of deference to the Appellate Court, and not proceed to execute the impugned judgment.

Prima facie, the contention of the learned counsel for the petitioner appears to be correct.

As an interim measure, till the next date of listing, it is directed that the effect and operation of the impugned summoning order dated 12.01.2021 passed by respondent no. 1 shall remain in abeyance.

Stay Application (IA No.2 of 2021) as well as Urgency application (IA No.1 of 2021) stand disposed of accordingly.

Let a certified copy of this order be issued within forty-eight hours on payment of usual charges.

(N.S. Dhanik, J.) Vacation Judge 20.1.2021 AR