Judgment:
W.A.NO.14/2013 W.A.No.17/2013 W.A.No.18/2013 06/02/2014 Shri Atulanand Awasthi, Advocate for the appellants.
Shri Praveen Dubey, Advocate for the respondent- M.P.Warehousing & Logistics Corporation.
Shri Vivek Agrawal, Dy.
Advocate General for the respondents/State.
Shri Manoj Sharma, Advocate and Shri Siddharth Patel, Advocate for the intervenORS.These writ appeals are filed against the decision of the learned Single Judge dated 5th December, 2012 in M.C.C Nos.1385/2012, 1386/2012 and 1387/2012.
The grievance in these appeals is limited to direction at Sr.No.3 of the operative order.
The learned Single Judge has directed the Arbitrator to ensure that the matter is decided within a period of two months.
Further direction is given to the Collector that after determination of the matter and recovery of the amount, the Collector shall ensure that if any liability is imposed upon the owner due to proceedings initiated by the Bank under Section 13 of the Act of 2002, the amount shall be dealt with in accordance with law and the right of the Bank to receive the same shall be protected.
The direction so issued, in our opinion, is a benign observation-cum-direction.
No intracourt appeal ought to be entertained against such observation.
The direction at Sr.No.3 merely directs the Arbitrator to decide the matter expeditiously.
There can be no prejudice to any party with such a direction much less manifest injustice which alone can be no ground for interfering in intracourt appeal.
Similarly the observation made regarding the claim of the Bank also is stating the obvious; and even in absence of such observation, the Collector after recovering the amount is obliged to deal with the said amount, in accordance with law.
Hence, these appeals are devoid of merits and the same are dismissed.
Needless to observe that the direction at Sr.No.3 in the impugned judgment would come into play only in the event of matter being referred to the Arbitrator.
If in law, it is not necessary to make reference to the Arbitrator, the said directions will be of no avail and will not come into play.
Even for this reason, no interference in intracourt appeal is warranted.
All the appeals are dismissed accordingly.
(A.M.Khanwilkar) (U.C.Maheshwari) Chief Justice Judge DV