Meenakshi Energy Limited v. State Bank Of India

HON'BLE SRI JUSTICE V. RAMASUBRAMANIAN AND HON'BLE SRI JUSTICE P.KESHAVA RAO Writ Appeal No.203 of 2019 JUDGMENT: (per V. Ramasubramanian, J) Aggrieved by an Order passed by the learned Single Judge, allowing the vacate stay petition and dismissing the stay petition, the writ petitioners have come up with the above Writ Appeal. 2.

Heard Mr.S.Ravi, learned Senior Counsel for the appellant, and Mr.R.Raghunandhan Rao, learned Senior Counsel appearing for the 1st respondent.

3.

It is conceded that the original interim order granted by the learned Single Judge was just a direction not to take coercive steps. But, subsequently, after vacation of the interim order, the Bank has gone before the National Company Law Tribunal under the Insolvency and Bankruptcy Code 2016. Therefore, testing the correctness of the order of the learned Single Judge vacating the interim protection, will only be an academic exercise, which we do not wish to undertake. Therefore, the Writ Appeal is dismissed. Suffice it to say that as in the normal rule, any finding recorded in an interlocutory order, is a prima facie finding and that the same

shall not have a bearing upon the main writ petition when it comes for a final disposal.

Consequently, miscellaneous petitions if any pending in the Writ Appeal shall stand dismissed. No order as to costs. ____________________________ V. RAMASUBRAMANIAN, J _____________________ P. KESHAVA RAO, J April 17, 2019 smr