Permission to file SLP is allowed.
The order under challenge is of interlocutory nature. Moreover, there is enormous delay in filing the Special Leave petitions inasmuch as the petitioners have a remedy of filing an application before the trial court for modification or vacation of the order. Learned counsel states that the record of case is not traceable and in case such an application is filed, the same is not likely to be heard by the Court. We feel that apprehension is not justified. However, in case such an application is filed by the petitioners, the Court shall make available the record of the case. We request the Court to hear and dispose of the case expeditiously preferably within a period of six months.
With these observations, the special leave petitions are dismissed.
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Amrit Oberoi And Others v. Prafulla Chandra Jena And Others
Amrit Oberoi And Others v. Prafulla Chandra Jena And Others
(Supreme Court Of India)
Interlocutory Application No. 1-36 In & Petition(S) For Special Leave To Appeal(Civil).Cc 6698-6699/2001 | 15-10-2001
Advocate List
- Mr. D.K. Gargfor, Mr. R.C. Kaushik, Advocates.
Bench
- HON'BLE JUSTICE V. N. KHARE
- HON'BLE JUSTICE B. N. AGAR
Eq Citations
- LQ/SC/2001/2376
Head Note
Constitution of India — Art. 136 — SLP against interlocutory order — Permission to file SLP allowed — However, trial court directed to hear and dispose of application for modification or vacation of order expeditiously within six months
