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2019 Supreme(Raj) 103

SANJEEV PRAKASH SHARMA
G. P. Joshi – Appellant
Versus
Raj Financial Corp – Respondent


Advocates Appeared:
J.K. Yadav, Adv., Virendra Lodha, Adv., Atishay Jain, Adv.

JUDGMENT :

Sanjeev Prakash Sharma, J.

This writ petition has been remanded back to this court by the Division Bench vide order dated 10.5.2018 which reads as under:

"It is submitted by learned counsel for both the parties that many argument were raised before the learned Single Juge but have not been dealt with and even all the arguments have not been referred thus a joint prayer has been made to remand the case back to the learned Single Judge by causing interference in the matter, which may be again considered in the light of the arguments made by the parties.

As prayed, the order dated 7.11.2017 is set aside with the remand of the case to the Single Bench.

With the aforesaid, appeal stands disposed of."

2. This Court is of the view that the matter which has attained finality by a judgment passed by Single Judge, ought not be remanded merely on the basis of a joint prayer made by counsel appearing before the Division Bench. In the case reported by Hon'ble Apex Court in Roma Sonkar Vs. Madhya Pradesh State Public Service Commission and anr., (2018) 10 Scale 222, wherein the Apex Court held as under:

"3. We have very serious reservations whether the Division Bench in an intra court appeal








































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