Heard learned counsel for the revisionists as well as learned AGA for the State and perused the record.
It is alleged that in view of law laid down by the Hon'ble Supreme Court in the case of Raghu Raj Singh Rousha Vs. Shivam Sundaram Promoters Private Limited and another reported in 2009(2) Supreme Court Cases 363, the impugned order passed in the light of the order passed by High Court, where the revisionists were not present is liable to be quashed.
Learned AGA contended that the opportunity of hearing to the respondents is to be given in this revision.
Let notice be issued to the respondent No. 2, returnable within one month for filing counter affidavit, if any and be it listed for hearing on 27th July, 2010 peremptorily.
Till date the operation of the impugned order dated 4.6.2010 passed by the Additional Chief Judicial Magistrate-III, Gautam Budh Nagar on Application No. 1785 of 2010 shall remain stayed.
Order Date :- 23.6.2010 Sazia