- (1.) THE matter has come up for orders on an application for vacation of ex-parte stay order dated 28.05.2010 granted by this Court, but at the request of the parties, arguments were heard and the special appeal is being disposed off finally.
(2.) THE intra Court appeal is directed against the impugned order dated 05.04.2010 passed by the learned Single Judge, whereby while accepting application filed by respondent No.3 and 5, the ex-parte stay order dated 05.01.2010 has been vacated. Submission of learned counsel for appellant is that since due amount of members of appellant-Union has not been paid by the respondents, therefore, it is necessary to restrain the respondents from alienating the property in dispute, therefore, ex-parte stay order dated 05.01.2010, granted by the Single Bench, should not have been vacated. Learned counsel for respondents submitted that although claim of Union has already been adjudicated and their claim has been rejected by the Labour Court, but still they have filed an undertaking by way of an affidavit before the Single Bench that respondent No.4 will satisfy the claim of appellant, therefore, Single Bench was absolutely right in vacating the ex-parte stay order dated 05.01.2010. We have considered the submissions of the learned counsel for the parties and examined the impugned order passed by the learned Single Judge. Learned Single Judge has referred the affidavit filed on behalf of respondent No.4 to the effect that dues in terms of the decision of the Labour Court pending reference made by the State Government pertaining to lock-up and sanction of the scheme by BIFR will be satisfied by the respondent No.4, therefore, there is no need to continue the ex-parte stay order. The reasons assigned by the learned Single Judge for vacating the ex-parte stay order dated 05.01.2010 appear to be absolutely legal and justified and we do not find any justified reason to interfere in the same.
(3.) IN view of above discussions, we do not find any merit in this appeal and the same is, accordingly, dismissed. In view of above, stay application as well as I.A. No.26609/2010 for vacation of ex-parte stay order, both, stand disposed off.;