Court No. - 5
Case :- MATTERS UNDER ARTICLE 227 No. - 7110 of 2019 Petitioner :- Narendra Kumar Respondent :- Mahesh Kumar Counsel for Petitioner :- Saurabh Trivedi,Pradeep Kumar Rai
Hon'ble Surya Prakash Kesarwani,J.
Heard learned counsel for the defendant-petitioner.
This petition has been filed praying to set-aside the order dated 03.09.2019 in S.C.C. Suit No. 59 of 2014 ( Mahesh Kumar v. Narendra Kumar and another), passed by the Additional District Judge, Court No. 10, Meerut, whereby, the application 66-Ga dated 08.08.2019 filed by the petitioner has been rejected.
The application 66-Ga, was filed by the petitioner stating therein that in the tenders 1,2,3, and 4 the case number was wrongly mentioned as 54 instead of 59 and therefore, the deposit made by these tenders may be treated to be deposited in S.C.C. Suit No. 59 of 2014.
By the impugned order, the court below has merely provided that the question that in tenders case number was wrongly mentioned, cannot be decided at this stage without evidence. The S.C.C. Suit No. 59 of 2014 is fixed for evidence. Therefore, the application 66-Ga was rejected on the ground that it cannot be allowed at this stage.
I do not find any manifest error of law in the impugned order. No prejudice has been caused to the petitioner by the impugned order inasmuch as the question of making the deposit by tender nos. 1,2,3, and 4 mistakenly in case no. 54 instead of S.C.C. Suit No. 59 of 2014, has been kept open.
In view of the aforesaid, I do not find any merit in this petition at this stage. Therefore, the petition is dismissed. The court below shall consider the question of deposit by tender nos. 1,2,3 and 4, at the time of final disposal of the S.C.C. Suit No. 59 of 2014.
Order Date :- 30.9.2019 Deepak/