MANSAROVER STEEL INDUSTRIES (P) LTD. v. STATE OF U. P.
2005-09-30
S.N.VARIAVA, TARUN CHATTERJEE
body2005
DigiLaw.ai
ORDER 1. LEAVE GRANTED. 2. HEARD PARTIES. 3. HAVING CONSIDERED THE FACT THAT THE HIGH COURT HAS COME TO THE CONCLUSION THAT THERE ARE DISPUTED QUESTIONS OF FACTS THE HIGH COURT SHOULD HAVE "THEN RELEGATED THE APPELLANTS TO AN APPROPRIATE COURT. INSTEAD, THE HIGH COURT HAS PROCEEDED TO DISMISS THE WRIT PETITION. WE, THEREFORE, GRANT LIBERTY TO THE APPELLANTS TO FILE A SUIT, IF THEY SO DESIRE. THE STAY, WHICH WAS OPERATING EARLIER, WILL CONTINUE FOR A PERIOD OF FOUR WEEKS IN ORDER TO ENABLE THE APPELLANTS TO FILE A SUIT. 4. THE APPEAL STANDS DISPOSED OF ACCORDINGLY.