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2014 DIGILAW 3883 (MAD)

Petitioner v. Respondent

2014-10-16

M.VENUGOPAL

body2014
Judgment : M. Venugopal, J. 1. The Petitioners in the Miscellaneous Petitions (Third Respondent and the Respondents 1 and 2 respectively in W.P.(MD) No.5136 of 2014) in M.P.(MD) Nos.4 and 5 of 2014 in M.P.(MD) No.2 of 2014 in W.P.(MD) No.5136 of 2014 praying for passing of an order by this Court to vacate the interim order dated 8/10/2014 in M.P.(MD) No.2 of 2014 in W.P.(MD) No.5136 of 2014 passed by this Court. 2. According to the Learned Counsels for the Petitioners, this Court in W.P.(MD) No.5136 of 2014 in M.P.(MD) No.2 of 2014 on 24/3/2014, at paragraph No3, passed the following order. “Considering the submissions made by the Learned Counsel for the Petitioners (Writ Petitioner), there shall be an order of status-quo for a period of two weeks and the matter was directed to be listed for two weeks.” 3. Thereafter, W.P.(MD) No.5136 of 2014 was listed before this Court on 21/6/2014. On 24/6/2014, it is represented before this Court on behalf of the Petitioners herein that the Writ Petition (MD) No.5136 of 2014 had not reached before this Court and ultimately, the matter came to be listed on 25/6/2014. On that day, this Court had extended the Interim Order already granted by this Court in W.P.(MD) No.5136 of 2014 for a period of three weeks. Thereafter, the Writ Petition (MD) No.5136 of 2014 came to be listed on 21/8/2014, 22/8/2014 and 3/9/2014. Again, the said Writ Petition (MD) No.5136 of 2014 was listed on 4/9/2014 and it was adjourned to 17/9/2014. From 17/9/2014, the matter was directed to be listed on 8/10/2014. 4. On 8/10/2014, when W.P.(MD) Nos.7419, 1298, 3829 and 5136 of 2014 were listed before this Court, this Court had inter alia passed the following order :- “There is no representation on either side. The matter is adjourned to 10/11/2014. Interim Order already granted in W.P.(MD) No.5136 of 2014 is extended till then.” 5. It is represented on behalf of the Petitioners {in M.P.(MD) Nos.4 of 2014 and 5 of 2014} before this Court that all the four Writ Petitions were posted on 25/6/2014 and this Court, extended the Interim Order for a period of three weeks. Subsequently, the First Respondent had not taken any steps to extend the Interim Order. It is represented on behalf of the Petitioners {in M.P.(MD) Nos.4 of 2014 and 5 of 2014} before this Court that all the four Writ Petitions were posted on 25/6/2014 and this Court, extended the Interim Order for a period of three weeks. Subsequently, the First Respondent had not taken any steps to extend the Interim Order. On 21/8/2014, when the matter was listed before this Court, on behalf of the First Respondent, a request was made before this Court to extend the earlier order passed in M.P.(MD) No.2 of 2014 in W.P.(MD) No.5136 of 2014 and this Court had refused to extend the order since the same got expired. Once again, on 22/8/2014, on behalf of the First Respondent, a request was made to extend the earlier order and this Court refused to extend the same, etc. 6. That apart, the Second Respondent filed an application before this Court on 30/8/2014 in M.P. (MD) No.2 of 2014 in W.P.(MD) No.5136 of 2014 to extend the order of status-quo passed in M.P.(MD) No.2 of 2014. As a matter of fact, on 3/9/2014 and on 4/9/2014, the Second Respondent was not ready and hence the matter was adjourned to 17/9/2014. On 17/9/2014 itself even without extension of earlier order, the matter was adjourned to 8/10/2014. 7. Added further, after vacation, the Court was opened on 7/10/2014 and from 7/10/2014, 'Advocates' were boycotting the Courts and when the matter was posted on 8/10/2014, this Court passed the orders as stated supra. 8. On going through the relevant adjudication papers in the Writ Petitions, this Court is of the considered view that three weeks period extending the Interim Order from 25/6/2014 got expired on 15/7/2014. In fact, from 16/7/2014 till 7/10/2014, there was no extension of Interim Order already granted by this Court. In these factual background, this Court opines that there cannot be an extension of Interim Order in W.P.(MD) No.5136 of 2014 passed by this Court on 8/10/2014. As such, to prevent an aberration of Justice and to promote substantial cause of Justice, this Court vacates the Interim Order passed by this Court in M.P.(MD) No.2 of 2014 in W.P.(MD) No.5136 of 2014 dated 8/10/2014 stands vacated. Consequently, M.P.(MD) Nos.4 and 5 of 2014 are ordered accordingly.