Uttarakhand High Court
SPA/382/2021 on 22 November, 2021
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
THE HON'BLE THE CHIEF JUSTICE SRI RAGHVENDRA SINGH CHAUHAN
AND
THE HON'BLE SRI JUSTICE NARAYAN SINGH DHANIK
SPECIAL APPEAL No. 382 OF 2021
22ND NOVEMBER, 2021
Between:
Uttarakhand State Warehousing Corporation and others.
...Appellants
and
Kohli Enterprises, a partnership firm.
...Respondent
Counsel for the appellants. : Mr. D.S. Patni, the learned Senior
Counsel assisted by Mr. Parikshit Saini,
the learned counsel.
Counsel for the respondent. : Mr. Anil Kumar Joshi, the learned
counsel.
The Court made the following:
JUDGMENT : (per Hon'ble The Chief Justice Sri Raghvendra Singh Chauhan)
With the consent of the learned counsel for
the parties, this Special Appeal is being decided at the
admission stage itself.
2. The appellant has challenged the validity of
the order dated 28.10.2021, passed by a learned Single
Judge in Writ Petition (M/S) No. 2280 of 2021, whereby
the learned Single Judge has stayed the operation of the
impugned order dated 21.10.2021, whereby the
respondent-writ petitioner, M/s Kohli Enterprises, was
not only blacklisted, but even its registration was
cancelled by the appellants.
3. Mr. D.S. Patni, the learned Senior Counsel for
the appellants, submits that the impugned order passed
by the learned Single Judge is a non-speaking order, as
it does not spell out the three factors, which are required
for grant of a stay order. Therefore, the impugned order
passed by the learned Single Judge deserves to be set-
aside by this Court.
4. On the other hand, Mr. Anil Kumar Joshi, the
learned counsel for the respondent-writ petitioner,
submits that since the petitioner had challenged the
jurisdiction of the Regional Manager to pass the
impugned order dated 21.10.2021, and since no power
of cancelling a registration is granted either to the
Regional Manager, or to the Managing Director, both the
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blacklisting, and the cancellation of the registration is
patently illegal. Thus, the learned Single Judge was
justified in staying the operation of the impugned order
dated 21.10.2021. Hence, the learned counsel has
supported the impugned order dated 28.10.2021.
5. Heard the learned counsel for the parties, and
perused the impugned order.
6. A bare perusal of the impugned order clearly
reveals that the learned Single Judge has merely
observed that "having regard to the facts and
circumstances of the case and also the reasons indicated
in the impugned order, this Court is prima facie satisfied
that petitioner has made out a case of grant of interim
order".
7. To say the least, the reasoning given by the
learned Single Judge is rather cryptic. For, the learned
Single Judge has neither discussed the existence of a
prima facie case in favour of the respondent-writ
petitioner, nor discussed the balance of convenience, nor
discussed the irreparable loss that would be caused to
the respondent-writ petitioner in case the stay were not
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granted by the Court. Therefore, the learned Senior
Counsel for the appellants is justified in claiming that the
impugned order passed by the learned Single Judge is a
non-speaking order.
8. The need for passing a reasoned order need
not be emphasized. For, it is well known that a judicial
order necessarily has to be a reasoned one, where the
mind of the learned Court needs to be revealed, and
cogent and convincing reasons need to be stated even
while granting a stay order.
9. Therefore, this Court has no other option, but
to set-aside the impugned order dated 28.10.2021, and
to remand the case back to the learned Single Judge.
This Court requests the learned Single Judge to decide
the Interim Stay Application within a period of two
weeks from the date of furnishing of a certified copy of
this order.
10. With the aforesaid observations, this Special
Appeal is, hereby, disposed of.
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11. Let a certified copy of this order be issued to
the learned counsel for the parties, on payment of the
usual charges, today itself.
_____________________________
RAGHVENDRA SINGH CHAUHAN, C.J.
_______________________
NARAYAN SINGH DHANIK, J.
Dt: 22nd November, 2021
Rahul
