Supriya Arora And Another v. Jaiparkash Associates Limited And Others

Sr. No. 111

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CR-1410-2021 Date of decision: 08.09.2021 Supriya Arora and another

...Petitioners

Vs.

Jaiparkash Associates Limited and others

...Respondents

CORAM: HON'BLE MR. JUSTICE ARUN MONGA

Present:

Ms. Supriya Garg, Advocate, for the petitioners along with Petitioner No.1 in person. Mr. Sumeet Mahajan, Senior Advocate with Mr. Saksham Mahajan, Advocate and Mr. Saurav Gautam, Advocate, for respondent No.1.

Mr. Kanwaljeet Singh Senior Advocate with Mr. Harmeet Singh, Advocate, for respondents No.8 to 11.

**** ARUN MONGA, J. (ORAL) After arguments were addressed and this Court showed its disinclination to interfere, learned counsel for the petitioners submits that certain observations made in the impugned order by the trial Court, are though only for the purpose of disposal of the application under order 39 Rule 1 & 2 of CPC, but the plaintiff's apprehension is that same may come in the way at the time of final order/judgment to be passed by the trial Court. The said apprehension seems to be completely unfounded, inasmuch as, the impugned order itself concludes with the following observations: "Nothing expressed hereinabove shall be deemed to be an expression of opinion on the merits of the case." 2.

However, just to allay the unfounded fears of the plaintiff-petitioners, it is reiterated that trial Court shall not be influenced by the observations VANDANA 2021.09.09 10:44 I attest to the accuracy and integrity of this document made in the impugned interim order and shall proceed on merits of the case

uninfluenced by the observations made therein and, decide the it on the basis of respective evidence adduced by the parties. 3.

In the parting I may hasten to add, needless though, any observations made for disposal of an interim relief application, are only prima facie, for the purpose of deciding the application alone. 08.09.2021 (ARUN MONGA) vandana JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No VANDANA 2021.09.09 10:44 I attest to the accuracy and integrity of this document