• Regarding clarification of order passed by the Court

The hon'ble court while admitting the writ petition passed following order.
“heard.
Rule. hearing expedited.
It is still open to the respondents to obey the directions contained in the orders of the maharashtra administrative tribunal, dated 07/02/2011 in original application no. 593 of 1998, by giving the petitioner his due seniority as also consequential benefits.
Leaned assistant government pleader waives notice for respondents.”
Application for early hearing turned down by the hon'ble court. now i wanted to know meaning of above order from the court.
Asked 8 years ago in Civil Law

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9 Answers

The court has passed an interim order of implementation of the Tribunal's order even during the pendency of the writ petition.

Devajyoti Barman
Advocate, Kolkata
22825 Answers
488 Consultations

5.0 on 5.0

The court has issued notice to the respondent which has been accepted by the Assistant Government Pleader. It seems that the writ has been preferred against the failure of the respondent to comply the directions of MAT. So the HC has said that the admission of writ does not prevent the respondents from complying the directions of MAT.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1) your petition has been admitted and hearing expedited

2) the wordings used are Rule hearing expedited

3) court has not yet finally disposed of your petition hence no time frame mentioned For compliance of order

4) you can if you so desire file appeal before SC

Ajay Sethi
Advocate, Mumbai
94733 Answers
7539 Consultations

5.0 on 5.0

There may or may not be a time limit. The benefit is that the HC will issue biding directions to the respondents if they do not comply the order on their own.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Detail facts are required to give best opinion

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

Application for early hearing turned down by the hon'ble court. now i wanted to know meaning of above order from the court.

It is an order by high court on the petition for an expeditious hearing on a matter before some other court referred before this high court.

The orders passed by high court says that the respondents still have time to obey the directions contained in the orders of the Maharashtra administrative tribunal, dated 07/02/2011 in original application no. 593 of 1998, by giving the petitioner his due seniority as also consequential benefits. Hence the request for the expeditious hearing has not been entertained rather turned down.

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

Therefore, what SHOULD I DO NOW?. On my part I DECIDED TO ASK FOR CLARIFICATION OF THE "INTERIM ORDER". Whether this approach would be correct?.

While the interim order has not been disturbed and no adverse inference has been drawn by the high court, what more do you want to clarify. You go through the relief sought by you in the petition once again and repeat them here for seeking more clarification on it.

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

My query is simple. If the order, call it as an "interim" is passed in favour of petitioner even while admitting a matter then whether it should have a time limit for compliance or not?

There is no time limit for interim order, it will come into force immediately once the orders are passed because of its nature'interim'

Under the circumstances what is the benefit of such "interim order" when no obligation is fixed on respondents.

You have mis-read the interim orders, You may go through the interim orders once again and understand the meaning.

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

it is directed by the high court that your case should be decided without giving unnecessary adjournment. court by its order expedited your proceeding but remain silent on the issue of interim order.

either you should file special appeal in the same high court or file SLP in the supreme court.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

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