JUDGMENT

PRADIPTA RAY, J. — This appeal under Letters Patent is against an order dated January 22,2001 passed by the Hon’ble Single Judge refusing to vacate or modify the interim order dated December 20, 2000 passed by him in O.J.C. No. 13334/2000.

2. The relevant facts briefly stated are as follows :

By order dated December 13,2000 the Registrar of Co-operative Societies, Orissa (hereinafter referred to as the ‘Registrar’) suspended the Committee of Management of Mayurbhanj Central Co-operative Bank, Baripada under the Presidentship of Sri Bhuban Behari Sahu in exercise of power under Sec. 32 (7) of the Orissa Co-operative Societies Act (hereinafter referred to as the ‘Act’) Shri Bhuban Behari Sahu, the President of the Committee was already under suspension by an order passed by the Auditor General in exercise of his powers under Sec. 62 (6) of the Act. On December 14,2000 the order of suspension was served on some of the members of the suspended Committee of Management and the Collector, Mayurbhanj as Chief Management in charge appointed by the Registrar assumed charge of management of the Co-operative Bank. Immediately upon assumption of charge the Collector, in¬formed the different authorities about the said fact of assump¬tion of charge by memo dated December 14,2000. On December 19,2000 Sri Bhuban Behari Sahu, the President of the suspended Committee of Management and Smt. Draupadi Sahu, the Vice-Presi¬dent filed two separate writ applications challenging the said order of suspension by the Registrar. On December 20,2000 the said writ applications were moved and the Hon’ble Single Judge directed to issue notice and ex parte granted the following interim order :

“ Heard the petitioner in person. As an interim measure it is directed that operation of the impugned order dated 13.12.2000 as per Annexure-1 shall remain stayed until further orders and the Committee of Management shall remain in charge.”

The Registrar of Co-operative Societies filed an application being Misc. Case No. 119/2000 before the Hon’ble Single Judge for vacating and/or modification of the interim order dated December 20,2000. On January 5, 2001 Sri Janaki Prasad Choudhury, Deputy Registrar of Co-operative Societies appeared in person before the Hon’ble Single Judge and filed a counter affidavit on behalf of the Registrar. As the writ petitioner complained that the interim order was not being complied with, the Hon’ble Single Judge directed the Registrar to explain why the interim order dated December 20,2000 had not been complied with. Against the said order dated January 5, 2001 the Registrar filed an appeal under Letters Patent being A.H.O. No. 9/2001. This Court did not want to interfere at the said stage as the Registrar’s application for vacating the interim order was still pending and by order dated January 10, 2001 disposed of the A.H.O. with the expectation that the application for vacating the interim order would be taken up on the next date fixed. By order dated January 22,2001 the Hon’¬ble Single Judge disposed of the writ petitioner’s application for interim order being Misc. Case No. 13524/2000 and the Regis¬trar’s application for vacating and modification of the interim order being Misc. Case No. 119/20001 making the interim order dated January 22, 2001 absolute and rejecting the Registrar’s application for vacating the interim order. Being aggrieved, the Registrar has filed this appeal under Letters Patent against the aforesaid order dated January 22,2001.

3. We have heard the learned Advocates for the appellant and the respondent No.1 (writ petitioner).

4. The learned Advocate for the respondent No.1 - writ peti¬tioner has questioned the maintainability of appeal under Letters Patent against an interim order. He has submitted that the present interim order cannot be said to be ‘judgment’ within the meaning of Letters Patent and this appeal is not maintainable.

5. What constitutes a ‘judgment’ under Clause 15 of the Letters Patent (in t