M/S. Chennai Radha Engineering Works (P) Ltd. v. State Of Telangana,

HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH PRESENT THE HON'BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL NO.355 OF 2015 DATED:30.4.2015 Between:

M/s. Chennai Radha Engineering Works (P) Ltd., Having its Office at # 40, Sapthagiri Colony Jaffarkhanpet Chennai Represented by its Authorized Signatory Mr. C. Rajiv Gandhi ... Appellant And State of Telangana Represented by the Principal Secretary Energy, Power, Telangana Secretariat Hyderabad and others ... Respondents

THE HON'BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL NO.355 OF 2015 JUDGMENT: (per the Hon'ble The Chief Justice Sri Kalyan Jyoti Sengupta) This appeal is summarily dismissed as we find that the order is not appealable under Rule 1 of Order 43 of the Code of Civil Procedure, which has been adopted by Writ Rules of this Court, and even under Clause 15 of Letters Patent it is not a judgment, as it does not determine right of any sense. The impugned order merely issues notice to hear out the matter, without determining any right. However, we notice that a miscellaneous application has been made for interlocutory relief and

this is yet to be considered by the Hon'ble Trial Judge. We desire and hope that the learned Trial Judge will decide the same as early as possible. The appeal is accordingly dismissed.

Pending miscellaneous petitions, if any, shall also stand dismissed. There will be no order as to costs.

________________________ K.J. SENGUPTA, CJ _______________________ SANJAY KUMAR, J 30.4.2015 bnr