Dipak Prakas Kundu, J. - (1.) It appears that the writ application was moved ex parte on 24.11.93 dispensing service of notice on the respondents. It appears further that copy of the application for vacating the interim order dated 24.11.93 passed by D K. Basu, J was filed in Court on 13.3.93. From the Court record it appears that no affidavit in opposition has been filed on behalf of the writ petitioner. Further the applicant in connection with vacating the interim order has filed affidavit in reply wherefrom it appears that copy of the affidavit in opposition affirmed on 2nd May, 1994 was served upon the applicant.
(2.) Article 226(3) of the Constitution of India clearly lays down that where any party against whom an interim order whether by way of injunction or stay or in any other manner is made on, or in any proceedings relating to a petition under clause (1) without (a) furnishing to such party copies of such petition and all documents in support of the plea for such interim order ; and (b) giving such party an opportunity of being heard ; makes an application to the High Court for the vacation of such order and furnishes a copy of such application to the party in whose favour such order has been made or the Counsel of such party, the High Court shall dispose of the application within a period of two weeks from the date on which it is received or from the date which copy of such application is so furnished, whichever is later, or where the High Court is closed on the last day of that period, before the expiry of the next day afterwards on which the High Court is open ; and if the application is not so disposed of, the interim order shall, on the expiry of that period, or as the case may be, the expiry of the said next day. stand vacated.
(3.) Admittedly, the application for vacating the interim order dated 24th November. 1993 passed by D. K. Basu, J. which was filed on 31st March, 1994 has not yet been disposed of. Therefore by operation of Article (3) of Article 226 of the Constitution of India, the interim order dated 24.11.93 stands automatically vacated long ago. Provisions of sub-Article (3) of Article 226 of the Constitution is mandatory.;