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SUBODH ABHYANKAR, SATYENDRA KUMAR SINGH
Fort Crushing Metal (M/s. ) Through Sunil Jain – Appellant
Versus
M. P. Paschim Kshetra Vidyut Vitran Co. Ltd. – Respondent
ORDER
1. Heard on I.A. No.6000 of 2022 which is an application for maintainability of this writ appeal filed by the respondents M.P.P.K.V.V.C.L.
2. Shri Prasanna Prasad, counsel appearing for the respondents has submitted that this appeal has been preferred against two orders, one passed in Writ Petition No.20703 of 2018 on 13.2.2019, whereas the other order is passed in Review Petition No.516 of 2019 dated 29.4.2019. It is submitted that the provisions of section 2(1) of Madhya Pradesh Uchha Nyayalaya (Khand Nayaypeeth Ko Appeal) Adhiniyam, 2005, and the rules made thereunder do not provides one appeal against two separate orders. In support of his contention Shri Prasad has also relied upon a Division Bench decision of this Court in the case of State of M.P. and others v. Pankaj Chaudhary in W.A. No.77 of 2014 dated 13.4.2015. He has also relied upon decisions rendered by the Supreme Court in the case of Shanker Motiram Nale v. Shiolalsing Gannusing Rajput reported as (1994) 2 SCC 753 and Suseel Finance & Leasing Co. v. M. Lata and others reported as (2004) 13 SCC 675. Shri Prasad has also referred to the provisions of Order 47 rule 7 of CPC, which provides that an order of the C
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An appeal against an interlocutory order is not maintainable if it does not decide the main issue in controversy, as established by the classification of interim orders.
The court emphasized the need for substantial justice, the wide discretionary powers under Article 227 of the Constitution of India, and the balance of convenience between the parties.
Interlocutory orders can be appealable if they materially affect rights; review jurisdiction is limited to errors visible on the record.
An appeal would lie against an order passed in a review of the order under Article 226 of the Constitution, even if the original order is retained, once the review petition is entertained and the add....
An appeal would lie against an order passed in a review of the order under Article 226 of the Constitution, even if the original order is retained, once the review petition is entertained and the add....
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