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Judgment
Case taken up. Learned Counsel for both side are present.
Miscellaneous Application was preferred by Petitioner for redressal against alleged contemptuous act of Respondent. Wherein, a request was made for appointing a Local Commissioner, for ensuring the alleged wrong doing. This Tribunal had directed for filing electricity bills, ordered therein for ensuring the running status of business of Respondent Company. That was not complied with. Though it is being said that, son of the erstwhile proprietor of the proprietorship firm has filed its electricity bill, in compliance of order and it was the objection in written statement/ reply that this Petition has been filed against a dead person, showing the proprietor of firm. The Petition itself was not maintainable.
The order of Hon’ble Allahabad High Court, passed in Writ (C) No. 38090 of 2023, Mr Ashish Tomar And Another Vs. Union of India and Another, filed by Counsel for Petitioner, reveals that there was a direction for raising objection, before this Tribunal, with regard to maintainability of this Petition, and it was expected to be disposed of, at an earliest i.e., within two months period, without giving any unnecessary adjournment to any side. But no such objection has been filed, nor order has been placed before this Tribunal, by Counsel for Respondent. Though it is being said that owing to receipt of certified copy at a later stage, this could not be filed, but is to be filed at an earliest.
Let objections, in view of Order of Hon’ble Allahabad High Court, be filed within a week. The same may be countered, within one week thereafter.
List the matter on 'for hearing' 19.03.2024 for its disposal.