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Judgment
IN a complaint case bearing No. 381/2013, Ravinder Kumar Sharma v. Nirala INfratech Pvt. Ltd. District Forum (East), Saini Enclave, Delhi the O.P. appellant has come in appeal before this Commission. The order under challenge in this appeal is dated 29.9.2013 in which the District Forum noted that the appellant/O.P. No. 1 and 2 have filed their written version and now the complainant could file his rejoinder and evidence on the next date 19.9.2013. Vide this order the Trial Forum also restrained the O.Ps. (Appellants) to deliver the possession of the flat to any third party, pending the complaint. We have heard Mr. Mohd. Unais, Counsel for the Appellant/O.P. at the admission stage itself in this appeal as there is no need to hear the respondent.
AFTER a deep probe by us, the Counsel has emphatically answered before us, that the O.Ps. have actually not yet filed their written version and the District Forum on some misgivings have jotted down in its order, that the O.Ps. have filed the written version which is egregiously wrong and erroneous. In face of this emphatic assertion we strike out the afore -mentioned mis -statement from the order of the Trial Forum with a direction to the Forum that they will take on record the written version of the O.Ps., which the O.Ps. will file on the next date fixed in the case and the Forum will proceed to decide the case ahead from this stage. With regard to other contention of the appellant which relates to granting of temporary injunction, we see no merit in this contention that the Forum has been harsh and unjustified in passing the restraint order, because the remedy of temporary injunction provided is based on the principle of "Greatest Good of the Greatest Number and the welfare of the Society. Public Welfare is the highest law of all, and the corner stone of justice, and justice is the Supreme Lex, as has also been emphasized by the Supreme Court in the case of Lili Thomas v Union of India, IV (2000) SLT 620 : II (2000) CLT 226 (SC) : (2000) 6 SCC 224, where it was observed as follows: Justice is a Virtue which transcends all barriers and the Rules or procedure or technicalities of Law, cannot stand in the way of Administration of Justice.
IN the present case, the trial is on the way and the issues involved will be decided at the time of judgment. It will therefore be good that the subject matter of the complaint i.e. Flat is preserved in status quo pending the complaint.
WITH aforesaid modification appeal is dismissed. Copy of this order be sent to District Forum (East), Saini Enclave, Delhi for information and compliance and to keep it on record.