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Judgment
B.C. Patel, C.J.—Granting of an interim order is a discretionary order and considering the facts and circumstances of the case, the Court has declined to pass an interim order. In the instant case, LPA 1002-03/05 after filing the petition by the employee, the employer passed an order of suspension. That apart despite a last opportunity to file counter affidavit within four weeks only a short reply was filed beyond two months of the expiry of time granted by the court and that too lacking in material particulars. Application is pending. It is only against an ad interim order, the present appeal is preferred.
Learned counsel for the appellant states that there is no undertaking of the petitioner. It goes without saying that if an application is not entertained ultimately, then the amount whichever is paid under the orders of the court would always subject to the direction of the learned Single Judge on request of the appellant to recover or adjust the amount. The appeal stands disposed of.