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2021 Supreme(Raj) 520

DINESH MEHTA
Aditya Ruiya – Appellant
Versus
Subham Creations – Respondent


Advocates appeared:
Prashant Tantia, Advocate, Sajjan Singh, Advocate

JUDGMENT

Dinesh Mehta, J. - The matter comes up on an application (I.A. No.01/2021) seeking extension of the interim order dated 15.02.2005 passed by this Court.

2. By way of the present writ petition the petitioner has challenged the order dated 13.12.2004, passed by the learned Additional District Judge No.2, Jodhpur giving the present petitioner, leave to defend, subject to depositing a bank guarantee of Rs. 93,870/-.

3. Mr. Tantia, learned counsel for the petitioner, submitted that the proceeding before the learned Additional District Judge No.2, Jodhpur in Case No.94/2002 has been stayed and the trial Court is proceeding with the matter in the light of judgment of Hon'ble the Supreme Court in the case of Asian Resurfacing of Road Agency Pvt. Ltd. & Anr. Vs. Central Bureau of Investigation.

4. Learned counsel for the petitioner further expressed a concern that the matter is pending consideration before this Court and despite interim order, the trial Court is proceeding with the matter as aforesaid.

5. On 15.02.2005 while admitting the writ petition, this Court had stayed the effect and operation of the order dated 13.12.2004 to the extent of furnishing bank gurantee of Rs.93,870/-.

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