Karnataka Power Transmission Corporation Ltd vs. Sri. Thagadaiah

COURT NO.11

SUPREME COURT OF INDIA RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s).14457/2019

(Arising out of impugned final judgment and order dated 10-06-2019 in WA No. 3323/2018 passed by the High Court Of Karnataka At Bengaluru)

M/S KARNATAKA POWER TRANSMISSION CORPORATION LTD & ANR.

Petitioner(s)

Respondent $(s)$

VERSUS

SRI. THAGADAIAH & ANR.

(FOR ADMISSION and I.R.)

WTTH

SLP(C) No.15314/2019

Date: 08-07-2019 These petitions were called on for hearing today.

CORAM:

HON'BLE MR. JUSTICE ASHOK BHUSHAN HON'BLE MR. JUSTICE NAVIN SINHA

For Petitioner(s)

Mr. Tushar Mehta, SG Mr. Raghvendra S., Adv. Mr. Rahat Bansal, Adv. Mr. Amit Pai, Adv. Mr. Varun M., Adv. Mr. Venkita Subramoniam T.R, AOR

For Respondent(s)

UPON hearing the counsel the Court made the following $0$ R D E R

These special leave petitions were filed against the interim order dated 10.06.2019 passed in two writ appeals bearing Writ Appeal No.3323/2018 and Writ Appeal No.3322/2018, which were filed Some petitioners against the judgment of learned Single Judge Digitally signed by $\overline{AB}$ Date: 2019 7 10 $\frac{13:15}{\text{Res}}$ duted 05.11.2018.

Learned counsel for the petitioners submits that in the

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application for interim relief and in the writ appeals grounds were given by the petitioners for grant of stay of the order passed by learned Single Judge. He submits that the direction, in fact, resulted in double payment. He submits that the said pleadings were made in ground 11.3 and 11.4 in the memo of writ appeal No.3322/2018. The Writ Appellate Court has admitted the appeal and posted the matter for hearing and directed that pension to be paid in terms of the order passed by the Single Judge without considering the grounds which were taken in the memo of appeal and in the interim application. The order which is challenged before us being an interlocutory application, we are of the view that ends of justice will be served in giving liberty to the appellant to make a fresh application before the High Court praying for vacating/modifying/any other interim order which application be considered and decided by the High Court at an early date.

Learned counsel for the petitioners has pointed out that contempt petition has already been filed for non-compliance of the judgment of the learned Single Judge. The petitioners may point out the order passed today and request the Contempt Court to defer the proceeding till the application to be filed by the petitioners is decided.

Subject to above, the special leave petitions are dismissed. Liberty to come up again.

(ARJUN BISHT) (RENU KAPOOR) COURT MASTER (SH) BRANCH OFFICER

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