VINAY KUMAR MAHAJAN Vs. STATE OF J&K

JUDGEMENT

(1.) STAY of proceedings would lead to suspending of limitation also. This, in nutshell is the argument raised by the petitioner in this writ petition. What is urged is that the petitioner should not be called upon to pay the interest for the period, the stay order came to be issued by this court. It is submitted that on account of the interim order passed by this court, the petitioner was disabled from taking benefit of the auction. It is submitted that not only the petitioner but even the respondents were disabled from finalising the auction proceedings. Requisite averments in this regard have been made in paragraph, 10 of the petition. It is stated that after the auction was conducted in April, 99 a writ petition came to be filed in this court. This bears No. OWP 4687 99. In this petition, following interim order came to be passed on 17th May, 1999 : ".. Mr. Sheikh prays and is granted four weeks time, to file objection. In the meanwhile, respondents will not proceed with the auction".

(2.) THE above writ petition ultimately came to be dismissed on 15th Nov., 1999. It is in this manner contended that the petitioner be not called upon to pay the interest for the intervening period.

(3.) THIS writ petition is pending with this court since March 2000, This was admitted on 3rd Nov., 2000. On this date, both the sides were represented. Respondents were directed to file counter by 14th Nov., 2000. This has not been done by the respondents. The limited argument as to the effect of interim order passed by this Court is required to be examined.