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2014 (8) TMI 1184 - HC - Indian LawsPermanent injunction restraining the respondent, its agents, workmen or any person acting through or on behalf from interfering with the operations of the mining machinery deployed in the schedule property pending adjudication of the disputes - Whether this Court exercising jurisdiction under Article 227 of the Constitution of India ought to entertain this writ petition and if so, as to whether any relief ought to be granted to the petitioner herein? HELD THAT:- This is a case where this Court ought to exercise its jurisdiction under Article 227 of the Constitution. The reasons for entertaining the writ petition would become clear when the impugned order is considered on merits. From a reading of the impugned order it is clear that nowhere reasons have been recorded as to why the trial Court was of the opinion that injunction had to be granted in the form of a status quo order with regard to agreement between the parties dated11.12.2012 by dispensing with notice to opposite party i.e., petitioner herein before it concluded that non-grant of expert order of status quo would be defeated by delay if notice was to be ordered on the opposite party i.e., petitioner herein. In fact the impugned order records submission of applicant’s counsel before the trial Court, but in the absence of there being reasons as to why the expert order ought to have been allowed the impugned order is illegal and an arbitrary exercise of power by the learned trial Judge. In fact the impugned order is bald, laconic and bereft of any reason. In fact on a reading of the impugned order itis noted that in the absence of there being any reasons assigned for dispensation of notice to the respondent before the trial Court coupled with a fact that no reasons have been assigned as to how the applicant before the trial Court had made out a prima facie case there is in effect and substance, violation of the principles of natural justice. Had the petitioner herein who is the respondent before the trial Court known the reasons as to why there was dispensation of notice to it and as to what the grave situation was that the matter required an expert order then possibly petitioner herein could not have approached this Court on that aspect. Also, if there were reasons assigned which were erroneous then possibly petitioner herein could have assailed that order by way of an appeal by contending that reasons were erroneous - But in this case the impugned order does not give any reason as to how prime facie case was made out by respondent herein or for that matter what the balance of convenience between the parties was. The impugned order being bereft of reasons is liable to be quashed.
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