Director, Haryana State Lotteries Department Vs. Suresh - Court Judgment |
| SooperKanoon Citation | sooperkanoon.com/676406 |
| Subject | Civil |
| Court | Supreme Court of India |
| Decided On | Jan-17-2007 |
| Case Number | Civil Special Leave Petition No. 1332 of 2007 (Arising from 10015 of 2006) |
| Judge | G.P. Mathur and; A.K. Mathur, JJ. |
| Reported in | 2007(2)SCALE247; (2007)9SCC303 |
| Acts | Constitution of India - Article 136 |
| Appellant | Director, Haryana State Lotteries Department |
| Respondent | Suresh |
| Disposition | Petition dismissed |
Excerpt:
.....by which writ petition filed by petitioner was admitted - petitioner contended that no order on stay application filed by the petitioner was passed - no material filed along with the special leave petition to show that the stay application filed by petitioner was rejected - not a fit case for interference under article 136 of the constitution of india - petition dismissed - code of civil procedure, 1908. order 38, rule 5: [s.b. si8nha &h.s. bedi, jj] attachment before judgment suit for recovery against firm and its partners cheque admittedly issued by plaintiff to firm pronote executed by one of the partners of firm held, formation of prima facie opinion by court is sufficient . order directing partners to furnish security or suffer attachment before judgment without going into..........be open to the petitioner to make a prayer before the high court seeking stay of the award passed by the labour.....
Judgment:G.P. Mathur, J.
1. Delay condoned.
2. The special leave petition has been filed against the order dated May 31, 2006 of High Court of Punjab and Haryana, by which the writ petition filed by the petitioner herein has been admitted. Learned counsel for the petitioner has submitted that no order on the stay application filed by the petitioner has been passed by the High Court. No material has been filed along with the special leave petition to show that the stay application filed by the petitioner has been rejected. In these circumstances, we do not consider it a fit case for interference under Article 136 of the Constitution.
3. The special leave petition is accordingly dismissed. It is, however, made clear that it will be open to the petitioner to make a prayer before the High Court seeking stay of the award passed by the Labour Court.