9911796707
TMI Blog2019 (11) TMI 1350X X X X Extracts X X X X X X X X Extracts X X X X ..... e public notice has been stayed. - HELD THAT:- Since the matter is sub-judice before the learned single Judge and has come up before us only against an ex parte interim order, therefore, we do not intend to deal with the merits of the case as the same has to be dealt with by learned single Judge. However, the fact remains that the impugned order dated 24.10.2019 passed by the learned single Judge adversely affects all the parties whose applications are pending for registration in response to the public notice dated 04.10.2019. Since the impugned order has been passed without hearing the parties including the appellant, which would be adversely affecting it s interests, and the impugned order, in fact, tantamounts to violation of principl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on were pending pursuant to the impugned advertisement and therefore, in all fairness, the respondent No.1 should have impleaded the aforesaid persons as the interim order operates to the prejudice of the appellant. Learned Senior Counsel for the appellant has further submitted that Section 4 of the Karnataka High court, 1961 enables a person who is aggrieved by an order passed by the learned single Judge to file an appeal and since the appellant is a person aggrieved by the impugned order passed by the learned single Judge, the appellant should be permitted to file an appeal. 3. Resisting the aforesaid submission made by learned Senior Counsel for the appellant, learned counsel for the respondent No.1 has invi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... passed without affording an opportunity of being heard to him. 6. Since the impugned order has been passed without affording any opportunity of hearing to the appellant, therefore, in our considered opinion, the appellant being aggrieved person has right to challenge the impugned order in this appeal. It is pertinent to mention here that in the case of Jestmal (supra), challenge was made to Government Order and the writ petition was disposed of. Thereafter, the persons who were not parties to the case file an appeal against the order passed in the writ petition on the ground that the disposal of the site in question by the government in favour of respondent No.3 was injurious to public interest and as citizens they are entit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ited the attention of this Court to the averments made in paragraphs 3 and 23 of the writ petition and has submitted that admittedly, the petitioner has no sales contract with the Government of China and has not even submitted an application for registration in response to the public notice dated04.10.2019. It is further submitted that the Chinese Government has authorized one Gansu Puankang Pharmaceutical Co., Ltd. as the authorized representative and therefore, the condition has been incorporated that the sales contract has to be executed with the aforesaid Gansu Puankang Pharmaceutical Co., Ltd. It is further submitted that no part of cause of action has arisen within the jurisdiction of this Bench of the Court and the respondent No.1 ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... intra-court appeal should not be entertained and the appellant should be relegated to the remedy of filing an application for impleadment before the learned single Judge and to seek vacation of the interim order. 10. Learned counsel for the respondents No.2 and 3 has submitted that, in pursuance of the public notice dated 04.10.2019, the petitioner did not submit any application and M/s Gansu Puankang Pharmaceutical Co., Ltd. is the authorized representative of the Chinese Government. It is further submitted that the respondent No.1 is not registered with the Narcotics Commissioner. Learned counsel for respondent Nos.2 and 3 has also submitted that guidelines have been issued in exercise of powers under Section 9-A of the Nar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o be dealt with by learned single Judge. However, the fact remains that the impugned order dated 24.10.2019 passed by the learned single Judge adversely affects all the parties whose applications are pending for registration in response to the public notice dated 04.10.2019. The aforesaid persons have not been impleaded as respondents in the writ petition. The aforesaid order aversely affects the persons including the appellant whose applications are pending in response to the public notice dated 04.10.2019. In other words, the impugned order has an adverse impact on the persons who are vitally interested and have stakes in the matter as their applications for registration for sales contract are pending for registration in response to the p ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
