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2023 (1) TMI 1379 - SCH - Indian LawsChallenged the order passed by the High Court - Rejection of a request for a 'No Objection Certificate' (NOC) by the District Magistrate for starting a retail outlet dealership - subsequent dismissal of the petition by the High Court based on the filing of an appeal against a previous decree - HELD THAT - From the documents produced along with the counter affidavit, the respondents have produced the extract of the present case status of FA-16/2022. It is pointed out that the appeal is filed on 11.03.2022 which was registered on 15.03.2022 and the scrutiny for posting the appeal before the Court is yet to be completed. Though, such contention is put forth by the respondents, keeping in view the provisions as contained in Order 41 Rule 5 of CPC, unless the appeal is listed and there is an interim order, the mere filing of the appeal would not operate as a stay. If that be so, the judgment and decree dated 25.08.2021 would enure to the benefit of the petitioner as on today and the rejection of the NOC only on the ground that the appeal has been filed, would not be justified. In that view, the High Court was also not justified in rejecting the petition. Accordingly, the Order passed by the High Court of Patna in Civil 2022 (8) TMI 1516 - PATNA HIGH COURT Writ Jurisdiction is set aside. Consequently, the rejection of the NOC by the District Magistrate is held unjustified and the District Magistrate is directed to take note of the decree passed on 25.08.2022 and issue the NOC within a period of two weeks from this day to the petitioner, which shall however, remain subject to the result of the appeal pending before the High Court. Petition is accordingly disposed of.
The Supreme Court set aside the High Court's order and directed the District Magistrate to issue a 'No Objection Certificate' to the petitioner for starting a retail outlet dealership within two weeks, despite an appeal pending before the High Court. The petition was disposed of. (Case Citation: 2023 (1) TMI 1379 - SC Order)
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