MAHARASHTRA POWER TRANSMISSION STRUCTURE POWER LIMITED Vs. U.P. POWER TRANSMISSION CORPORATION LIMITED

JUDGEMENT

(1.) Heard Mr.A.H.Mohapatra learned advocate for the applicant and Mr.Vipul Vora appearing as party-in-person - Director of the respondent no.2 (contesting respondent).

(2.) The application for revival of stay (ad-interim relief) has been filed by the applicant-original petitioner in the following circumstances:

(3.) Having heard Mr.Mohapatra for the applicant and Mr.Vipul Vora, the deponent and the applicant of Civil Application No.2 of 2020, it is apparent that due to the lockdown and when the regular functioning of the Court was almost under suspension, by an order of 06.07.2020, the interim relief which was granted on 23.12.2019, got automatically vacated by virtue of an unaffirmed application under Article 226 (3) of the Constitution of India filed by the respondent no.2 herein. Judicial notice can be taken of the fact that original petitioner could not move the Court due to restricted functioning and therefore, the Court had extended interim relief which was otherwise pending and the applicant could not have taken the disadvantage merely because Article 226(3) application was filed.