Mr.Mihir Joshi, learned senior counsel with Mr.Mr.Mitul Shelat, learned advocate for the appellant/applicant drew my attention to the relief prayed in the application for temporary injunction filed in a suit before the trial Court as well as drew my attention to the relevant part of the impugned order passed by the trial Court, dismissing said application for temporary injunction. My attention was also drawn to the order passed by this Court on 1.12.2011 in Special Civil Application No.17502 of 2011, the copy is forming part of the paper-book supplied for the perusal, wherein this Court specifically observed that though the petitioner is not a noticee, serious allegations have been made against him and observations have been recorded in the order dated 23.7.2011 passed by the Commission without affording him an opportunity of hearing. In the said order, therefore, ad-interim relief in terms of paragraph 9(B) in said petition, was granted. My attention was also drawn to the relief prayed in paragraph 9(B) in said petition and it is submitted that this Court prima-facie came to the conclusion that the observations were unwarranted, as no notice was issued to the petitioner. Mr.Joshi, learned senior counsel submitted that the said order dated 1.12.2011 passed by this Court is still in force, but in the impugned order, the learned trial Court erred in not properly appreciating the order passed by this Court and erred in dismissing the temporary injunction application filed by the appellant - plaintiff in the suit before the trial Court. Mr.Joshi, learned senior counsel submitted that despite the fact that the observations made by Forward Marketing Committee in its order dated 23.7.2011 are stayed by this Court, yet, the respondent - original defendant No.2 herein compels the petitioner to proceed further with the inquiry. For the aforesaid purpose, my attention was drawn to communication at page 106 and reply, page 107.
In above view of the matter, notice, returnable on 04.05.2012. In the meanwhile, there shall be ad-interim stay in terms of paragraph 10(B) of the Civil Application for stay.
Direct service permitted.
(J.C.UPADHYAYA, J.) (binoy) Top