9911796707
TMI Blog1965 (7) TMI 17X X X X Extracts X X X X X X X X Extracts X X X X ..... ndy, the learned counsel for respondent No. 2, raised a preliminary objection to my hearing the application, contending that only a Bench of two judges has jurisdiction to hear an application for stay in an original side appeal. The matter was, therefore, set for hearing on the question of jurisdiction. The decision on the question of jurisdiction rests on an interpretation of the relevant provisions of the Mysore High Court Act, 1961 (Mysore Act, No. 5 of 1962), hereinafter called "the Act". The Act makes a provision for the exercise of the powers of the High Court of Mysore in relation to the administration of justice. The provisions of the Act relevant for the decision are sections 4, 9 and 10. Section 4 provides that an appeal from a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... competent to stay the operation of the order under appeal and not a single judge ; the learned counsel argued that only a higher court, which in company appeals is the Bench of two judges, that is competent to order stay of the order under appeal and the learned company judge sitting on the original side of the High Court is not a court lower to the single judge hearing interlocutory matters in appeals ; further, as a matter of propriety and convention, any interlocutory matter relating to stay should be heard and decided by a Bench, since the decision of a single judge can be reversed only by a Bench of two judges. Reliance was also placed on the last clause of sub-rule (1) of rule (5) of Order 41 of the Code of Civil Procedure, which sta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ingle judge in an interlocutory matter in a company appeal is open to further appeal, that is not a relevant consideration for the purpose of construing the provisions of the Act, when they do not admit of any ambiguity. Section 483, in my opinion, does not deal with the jurisdiction of any court. What it provides for is merely for a right of appeal and the conditions under which an appeal shall lie. The exercise of the powers of the High Court is regulated by the Act. Section 4, as already stated, provides that an appeal shall lie from a decree or order of a single judge of the High Court to the same court and such an appeal shall be heard by a Bench consisting of two other judges of the High Court. The language of section 4 makes it clear ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n under appeal on merits, while hearing an application for stay, the legislature has apparently considered it unnecessary that the matter should be heard by a Bench of two judges. In appropriate cases, the single judge, under section 9, may adjourn the matter for being heard and determined by a Bench ; but that is in the discretion of the single judge. Whether in exercise of that discretionary power I should adjourn the matter for being heard by a Bench of two judges, does not arise for consideration at this stage, when I am dealing with the question of jurisdiction. For the above reasons, the preliminary objection raised by Mr. Chandy is overruled and the interlocutory applications will be heard on merits. - - TaxTMI - TMITax - Corpo ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
