(Per : HONOURABLE MR.JUSTICE D.H.WAGHELA) After some preliminary arguments regarding broad contours of the case, there was a limited controversy to the extent that an application, being Civil Application No. 9630/2008, was already filed by the appellant, practically for the relief which is now really sought by challenging other orders in this appeal; and that application is, by order dated 2/3/2009 of learned Single Judge, ordered to be heard with the main matter. Admittedly, the main petition as well as the aforesaid application of the appellant are pending before learned Single Judge and ripe for hearing, the original petition being of the year 2006. Learned Counsel also conceded the urgency of the matter insofar as huge amounts were standing withheld to the detriment of either the appellant or the respondents or both. Therefore, it was jointly submitted that the original proceedings pending before learned Single Judge were required to be expedited and disposed on merits after giving to the parties an opportunity of fair hearing.
Therefore, it was suggested at the bar that the present appeal may be disposed, without entering into merits of the rival contentions or preliminary objection regarding maintainability of the appeal, with a request to learned Single Judge to hear and dispose of the original proceedings as expeditiously as practicable and preferably on day-to-day basis within a time-limit. Learned Counsel appearing on both sides categorically stated that all the parties will cooperate in hearing of the original proceedings as aforesaid without seeking any unnecessary or unjustified adjournment and seek final disposal of the matters at the earliest. It was, however, also pointed out that the original petition, being Special Civil Application no. 20962/2006, was presently not even listed for final hearing.
Therefore, upon joint request of learned Counsel, it is directed that Special Civil Application no. 20962 of 2006 with all the Civil applications made therein and pending shall be listed for final hearing before the appropriate Court on 2/5/2012. Thereafter, it will be open for the parties therein to request learned Single Judge, in light of the understanding recorded hereinabove, to fix an early date for commencement of hearing of the main petition as well as the applications made therein at the earliest. We are sure that, with the cooperation of learned Counsel, the consensus recorded hereinabove and the urgency and maturity of the matter, learned Single Judge will accord appropriate priority in hearing and dispose of the matters as early as practicable. Subject to the above observations, the appeal is disposed without entering into merits as aforesaid.
(D.H.WAGHELA, J) (MOHINDER PAL, J) *asma Top