High Court of DelhiCRL.M.C./1932/2016

State Trading Corporation Of India Limited v. M/S Global Steel Holding Limited ( Gshl) & ORS

2016-05-18Hon'Ble Mr. Justice P.S.Teji2 pages

$~59 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1932/2016 STATE TRADING CORPORATION OF INDIA LIMITED ..... Petitioner Through Mr.Tushar Mehta, ASG with Mr.Tarkeshwar Nath & Mr.Madhu Sudan Bhayana, Advs.

versus M/S GLOBAL STEEL HOLDING LIMITED ( GSHL) & ORS ..... Respondent Through Mr.Sidharth Luthra, Sr. Adv. with Mr.Gautam Mitra, Mr.Rajneesh Chopra, Mr.Gaurav Mitra and Mr.Pankaj Baghla, Advs.

Mr.G.M. Farooqui, APP for the State.

CORAM:

HON'BLE MR. JUSTICE P.S.TEJI

O R D E R

% 18.05.2016 Crl.M.A. 8210/2016 (Exemption) Application is allowed subject to just exceptions. Crl.M.C. 1932/2016 The present petition has been filed by the petitioner feeling aggrieved by the order dated 07.04.2016 vide which the NBW issued against the respondents have been stayed till the next date of hearing in the absence of the petitioner. The grievance of the petitioner is that the next date fixed is 04.07.2016 before the Trial Court and by the virtue of the stay of the operation of the NBWs, the other proceedings

against the accused persons have been put at halt. In such a scenario, the petitioner moved an application for pre-poning the date which was dismissed on 29.04.2016 and ultimately the matter was fixed for 04.07.2016.

Arguments advanced by the learned ASG are that the stay of the operation of the NBWs shall be fatal to the steps to be taken in extradition proceedings against respondent no.3. I have heard learned ASG as well as learned Senior Counsel for the respondents.

In the facts and circumstances, this Court is of the considered opinion that now the matter is fixed for 04.07.2016 before the Court below for considering the objections raised by the petitioner regarding stay of the NBWs against the accused persons. In such a scenario, this Court is of the considered opinion that ends of justice would be met if the matter is pre-poned for final hearing on the cancellation of NBW. The Trial Court is directed to fix the matter on 23.05.2016.

However, it is made clear that the order passed above shall be without prejudice to the rights and contentions of the parties. The present petition is accordingly disposed of. Dasti under the signature of the Court Master. P.S.TEJI, J MAY 18, 2016 dd