C.G. State Power Dix. Com. Ltd. And ORS. v. M/S Samay Industries

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (227) No. 6391 of 2011

1. C.G. State Power Distribution Company Limited, through Managing Director, Daganiya, Raipur (C.G.)

2. The Executive Engineer, Chhattisgarh State Power Distribution Limited, City Division, Bhilai (C.G. )

3. The Assistant Engineer, Chhattisgarh State Power Distribution Limited, Chhawni, District - Durg (C.G.) ---- Petitioners

Versus

M/s Samay Industries, Address : 92-D, Industrial Estate, Bhilai, through its Proprietor Shri Sushil Kukreja, Corporate Office 215 & 216, Dhillon Complex, Aakash Ganga, Supela, Bhilai, Tahsil and District Durg (C.G.) ---- Respondent For Petitioner:

Mr. Sunil Otwani, Advocate For Respondent:

Mr. Amrito Das, Advocate Hon'ble Shri Justice P. Sam Koshy Order on Board 13.04.2016 1.

The present Writ Petition has been preferred against the judgment dated 05.08.2011 passed by 4th Additional District Judge, in Misc. Civil Appeal No. 45/2011 by which the order of the Court below on an application under Sections 94 R/w Order 39 Rule 1&2 granting interim injunction in favour of the Respondent has been affirmed.

2.

The present Writ Petition is of the year 2011 and no interim protection has been granted to the Petitioner. The Civil Suit preferred by the Petitioner must have been decided with the efflux of time. Even if it is not decided all these years, then also there would be no fruitful purpose to interfere with the

interim injunction affirmed by the 4th Additional District Judge at this stage. 3.

Hence, this Court is not inclined to interfere with the impugned order. However, in case, if the Civil Suit has not been finally decided, the Court below shall make all endeavours for an early decision in the Civil Suit. 4.

With the aforesaid observation, the Writ Petition is dismissed. Sd/- (P. Sam Koshy) JUDGE kishore