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Judgment
Heard Mr. Moomin Khan, learned counsel for the appellant and Mr. Shahbaz Sikander, Advocate, for respondent no.1.
The Letters Patent Appeal has been preferred against the inter-locutory order dated 20.04.2021 passed by the Writ Court in WP(C) No.792/2021.
The Writ Court by the impugned order has entertained the writ petition and had stayed the operation of the notice dated 15th April, 2021 and at the
same time has given positive direction to give effect to the decision taken in the meeting held on 23rd June, 2020, for extension of contract in favour of
the petitioner.
The submission of learned counsel for the appellants is that there is no resolution passed in the meeting held on 23rd June, 2020 inasmuch as it was
an informal meeting and minutes of the meeting were not signed by any of the concerned authorities. The decisions taken in the meeting were not
even communicated to anyone. Since they are not signed, they cannot be directed to be given effect to.
Mr. Shahbaz Sikander, learned counsel appearing for respondent no.1 takes a preliminary objection that since the order impugned is an interim
order, the letters patent appeal is not maintainable under clause 12 of the Letters Patent. He has placed reliance upon the Division Bench decision of
this Court dated 04.02.2021 passed in LPA No.07/2021 titled Sher-i-Kashmir Institute of Medical Sciences & anr. v. Dr. Naseer Mir J&K and others,
wherein relying upon the decision of the Supreme Court in Midnapore Peoples’ Coop. Bank Ltd. v. Chunilal Nanda and others : (2006) 5 SCC
399, it has been held that the appeal against the interim order is not maintainable under clause 12 of the Letters Patent.
Since the order impugned in this appeal is simply a stay order, the appeal would not be technically maintainable. However, as by the impugned order
a positive direction to give effect to the minutes of the meeting held on 23 rd June, 2020 for extension of the contract has also been issued, we dispose
of this appeal with liberty to the appellants to take all objections that are available in law before the Writ Court and we hope that the Writ Court will
consider the same and decide the writ petition or the stay application itself on merits expeditiously and till then the effect and operation of the public
notice dated 15th April, 2021 shall continue to remain stayed but the decision taken in the meeting held on 23rd June, 2020 may not be given effect to.
Appeal disposed of accordingly.