R.H. Zaidi, J. - (1.) HEARD learned counsel for the petitioner and also perused the record. By means of this petition filed under Article 226 of the Constitution of India, petitioner prays for issuance of a writ, order or direction in the nature of certiorari quashing the recovery certificated dated 15.9.1999 issued on 17.11.1999 by respondent No. 2.
(2.) IT appears that recovery proceedings were initiated against the petitioner at the instance of respondent No. 1 Challenging the validity of the said order, the petitioner filed Original Suit No. 144 of 2001 for permanent injunction and also made an application for grant of temporary injunction. The trial court, after going through the material on the record, dismissed the application for grant of interim injunction by its judgment and order dated 25.5.2001. Challenging the validity of the said order, an appeal was filed by the petitioner before the Court below, which also met the same fate and was dismissed vide order dated 28.7.2001. Hence, the present petition. Learned counsel for the petitioner submitted that the orders passed by the Courts below are wholly illegal. It was urged that under the facts and circumstances of the present case, the petitioner was entitled to interim relief. The Courts below have failed to exercise jurisdiction vested in them in dismissing the application and the appeal filed by the petitioner.
(3.) I have perused the material on the record.;