Malabar Coastal Holdings Llp v. Saurashtra Cements Limited And ORS.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 9965/2015 MALABAR COASTAL HOLDINGS LLP ..... Petitioner Represented by:

Ms.Maneesha Dhir, Advocate with Ms.Varsha Banerjee and Ms.Divya Krishnan, Advocates versus SAURASHTRA CEMENTS LIMITED AND ORS. ..... Respondents Represented by:

Mr.Arvind Kumar, Advocate for R-1 Mr.Arvind Kumar, Advocate with Mr.Purti Marwaha, Mr.C.S.Chauhan and Mr.Henna George, Advocates for R-2 Mr.Abhinav Vashisht, Sr.Advocate instructed by Mr.Ajay K.Jain, MrAtanu Mukherjee and Mr.Abhishek Agarwal, Advocates

CORAM:

HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 20.01.2016 CM No.1768/2016 For the reasons stated in the application delay of 7 days in filing the rejoinder is condoned.

The application is allowed.

W.P.(C) No.9965/2015 1.

Having heard learned counsel for the parties we are constrained to dispose of the writ petition quashing the impugned order dated September W.P.(C) No.9965/2015

24, 2015.

2.

The order has been passed in appeal No.74/2015 by the AAIFR. Challenge in the appeal was to an order dated February 12, 2015 passed by BIFR in case No.9/2006.

3.

Confronted with the issue of maintainability of the appeal, in paragraph 1 of the impugned order, recording the relevant facts and giving reasons, AAIFR has held : 'As such, this appeal is not maintainable and the same is dismissed'.

4.

Thereafter AAIFR has proceeded to direct that status quo with respect to the property qua which parties were in litigation should be maintained. 5.

Now, if AAIFR had no jurisdiction to entertain the appeal which was opined to be not maintainable, AAIFR could not have directed status quo to be maintained.

6.

We therefore quash the direction directing status quo to be maintained by AAIFR, but would direct BIFR to allow a special mention to be made before it in the pending proceedings and consider prayer made by the applicant for status quo to be maintained.

7.

No costs.

CM No.24248/2015 Dismissed as infructuous.

PRADEEP NANDRAJOG, J.

MUKTA GUPTA, J.

JANUARY 20, 2016 mamta W.P.(C) No.9965/2015