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HIGH COURT OF KERALA
J.Chelameswar, CJ, J, P.R.RAMACHANDRA MENON, J
GOVERNMENT OF INDIA AND OTHERS – Appellant
Versus
DAKSHIM AGRO TECH PVT. LTD. & ANOTHER – Respondent
WA 1719 2010
Vacate - Interim Order - Writ Appeal - Section 5 of Contract Act - The court vacated the interim order based on the need to resolve the underlying writ petition regarding a contract dispute, emphasizing the importance of proper adjudication before further legal proceedings.
Fact of the Case:
The petitioner sought to vacate an interim order concerning a contract dispute between Union of India and the writ petitioner, resulting in an appeal by the Union of India against an earlier interim order.
Finding of the Court:
The court decided to vacate the interim order and directed that the writ petition be listed for a hearing, indicating that the underlying contract issues should be resolved promptly.
Issues: Whether the interim order passed in the writ appeal should be vacated in light of ongoing contract dispute proceedings.
Ratio Decidendi: The ratio is that interim orders may be vacated when they impede the resolution of substantive matters that require adjudication.
Final Decision: The interim order dated 21.02.2011 stands vacated; the writ petition will be heard on 25.05.2011.
JUDGMENT
J.Chelameswar, C.J.
I.A. No. 259 of 2011 is filed with the prayer as follows:
“For the reasons stated in the accompanying affidavit it is most humbly submitted that in the interest of justice this Hon'ble Court may kindly be pleased to vacate the interim order passed on
21.02.2011 in the above Writ Appeal.”
2. The said I.A. is filed by the 1st respondent in the writ appeal who is the petitioner in W.P.(C) No.10323 of 2010. The instant application is preferred by the said petitioner seeking vacation of interim oder dated 21.02.2011 in the instant appeal.
3. The appeal itself is preferred by the Union of India and others aggrieved by an interim order dated 06.07.2010. The dispute in the writ petition is regarding the legality of the proposal of the appellant - Union of India, to recover certain amounts from the writ petitioner on various grounds, the details of which may not be necessary for the present purpose, except to state that the dispute arises out of a contract between the Union of India and the writ petitioner.
In the abovementioned circumstances, we are of the opinion that the appeal itself can be disposed of directing the Registry to list W.P.(C) No.10323 of 2010 for hearing on 25.05.2011 before appropriate Bench. The interim order granted earlier during the pendency of the appeal stands vacated.
J.Chelameswar, Chief Justice.
P.R.Ramachandra Menon, Judge.
ttb
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