V.M.Sahai, J. - (1.) The questions that arise for consideration is whether an application for extension of time-bound stay order is necessary and whether it must be heard by the same Judge or it could be heard by another Judge who is ceased of the Jurisdiction as a result of rotation of Bench?
(2.) Sri Anil Bhushan, learned counsel for the petitioner has urged that once a time bound interim order is passed by the Court after application of mind, then unless the stay order is vacated by this Court, till then the interim order will continue to be operative and it cannot exhaust or automatically stand vacated on the expiry of the period or date mentioned in the interim order.
(3.) On the other hand, Sri Vinod Sinha the learned counsel for the respondent No. 3 has vehemently urged that while passing a time bound interim order, the Court has not concluded the hearing of the stay application and the learned Judge was in the process of hearing the matter and the stay application has to be decided by the same Judge as provided by Chapter V, Rule 13 of the Allahabad High Court Rules, 1952 (in brief 'rules of the Court') and only he can extend the stay order as the stay application on which the interim order was passed remained pending. He further urged that even if a stay extension application is moved, it is for the same object and purpose for which the initial stay application was filed, therefore, it can only be heard by the same Judge who has passed the interim order and not by another Judge who is ceased of the jurisdiction by rotation of Bench. He urged that after the expiry of the period mentioned in the time bound stay order, the stay order exhausted and unless the stay order is extended before the expiry of the period fixed in the order or it is extended or a fresh order is passed, it cannot be revived. He urged that it will depend upon the language of the interim order whether the stay order will exhaust on a particular date fixed by the Court or it will be deemed to be continuing. The learned counsel further urged that once a counter-affidavit is filed along with the stay vacation application, then the stay order could not be deemed to be continuing. Sri S. N. Srivastava the learned standing counsel appearing for the respondent Nos. 1 and 2 has supported the argument of the learned counsel for the respondent No. 3.;