ARUN TANDON, SANGEETA CHANDRA, JJ. - (1.) Heard Sri Manish Goyal assisted by Sri Rohan Gupta, counsel for the appellants, Sri Ravi Krishan Chandra and Sri Saurabh Srivastava, counsel for the respondents.
(2.) This Intra-Court Appeal has been filed under Chapter VIII Rule 5 of the Allahabad High Court Rules against the judgment and order of the learned Single Judge dated 20.2.2014 passed in Company Appeal No.2 of 2013 (Iqbal Leathers Ltd. & another v. M/s. Unnao Tanneries Pollution Control Company & others).
(3.) A preliminary objection has been raised on behalf of the respondents to the present Special Appeal to the effect that in view of the judgment of the Apex Court in the Case of Kamal Kumar Dutta & another v. Ruby General Hospital Ltd. & others 2006 (7), SCC 613 as also in view of the Division Bench judgment of this Court in the case of U.P. Cement Vetanbhogi Sahkari Rin Samiti Ltd. v. Official Liquidator , the present Special Appeal would not be maintainable. It is argued that from a simple reading of Chapter VIII Rule 5 of the Allahabad High Court Rules, an appeal against an order of the learned Single Judge made in exercise of Appellate Jurisdiction in respect of decree or order made by a Court subject to the superintendence of the Court would be barred. It is further contended that in view of the amendment introduced by adding Section 100-A to the Civil Procedure Code in the Year 2002, no further appeal after the order of the learned Single Judge made in exercise of Appellate Jurisdiction would be maintainable before the same court.;