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2001 Supreme(All) 33

V.M.SAHAI
VISHNU DUTT SHARMA – Appellant
Versus
REGIONAL JOINT DIRECTOR OF EDUCATION, AGRA – Respondent


Advocates Appeared:
Anil Bhushan, ASHOK BHUSHAN, Sanjai Sharma, VINOD SINHA

V. M. SAHAI, J.

( 1 ) THE questions that arise for consideration is whether an application for extension of time-bound stay order is necessary and whether it must be heard by the same Judge or it could be heard by another Judge who is ceased of the Jurisdiction as a result of rotation of Bench?

( 2 ) SRI Anil Bhushan, learned counsel for the petitioner has urged that once a time bound interim order is passed by the Court after application of mind, then unless the stay order is vacated by this Court, till then the interim order will continue to be operative and it cannot exhaust or automatically stand vacated on the expiry of the period or date mentioned in the interim order.

( 3 ) ON the other hand, Sri Vinod Sinha the learned counsel for the respondent No. 3 has vehemently urged that while passing a time bound interim order, the Court has not concluded the hearing of the stay application and the learned Judge was in the process of hearing the matter and the stay application has to be decided by the same Judge as provided by Chapter V, Rule 13 of the Allahabad High Court Rules, 1952 (in brief rules of the Court) and only he can extend the stay order as the stay application on which












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