Shamima Absar Vs. the State of West Bengal and ors. - Court Judgment

Excerpt:
the court :-the petitioner in this art.226 petition is seeking a mandamus commanding the police to give her protection so that she may use the brickfield in terms of the order dated july 15, 2010 (at p.26) made in her application under s.9 of the arbitration and conciliation act, 1996. the order dated july 15, 2010 was to remain in force till august 16, 2010. in the petitioners appeal from the order the division bench made an order dated august 23, 2010 (at p.30) , and the division bench did not say anything about the order dated july 15, 2010. counsel has submitted that the order is still in force. it is not disputed that the s.9 application itself has been posted for hearing tomorrow. on these facts, i am of the view that it will be appropriate for the petitioner to seek appropriate order from the court before which the s.9 application is pending. needless to say that the court will be free to examine all facts and make appropriate order. it is made clear that if the private respondents choose not to participate in the proceedings, then the court will be free to proceed with the matter for making appropriate order according to law. with these observations the petition is disposed of. no cost. certified xerox.

Judgment:
The Court :-The petitioner in this art.226 petition is seeking a mandamus commanding the police to give her protection so that she may use the brickfield in terms of the order dated July 15, 2010 (at p.26) made in her application under s.9 of the Arbitration and Conciliation Act, 1996.

The order dated July 15, 2010 was to remain in force till August 16, 2010. In the petitioners appeal from the order the Division Bench made an order dated August 23, 2010 (at p.30) , and the Division Bench did not say anything about the order dated July 15, 2010.

Counsel has submitted that the order is still in force. It is not disputed that the s.9 application itself has been posted for hearing tomorrow.

On these facts, I am of the view that it will be appropriate for the petitioner to seek appropriate order from the Court before which the s.9 application is pending. Needless to say that the Court will be free to examine all facts and make appropriate order.

It is made clear that if the private respondents choose not to participate in the proceedings, then the Court will be free to proceed with the matter for making appropriate order according to law. With these observations the petition is disposed of. No cost.

Certified Xerox.