Jud Cements Ltd. And Another v. Asset Reconstruction Company (India) Limited

W. Diengdoh, J.:— Heard Mr. K. Paul, learned Sr. counsel, appearing for the petitioners. At the outset, Mr. K. Paul has candidly admitted that the subject matter of dispute between the parties herein is subject to the jurisdiction of a Civil Court, however, since Civil Courts in Meghalaya are in vacation till the 26.01.2022 and the impugned newspaper publication dated 03.01.2022 is said to operate till the 27.01.2022, therefore the nature of the case being urgent, the learned Sr. counsel has submitted that at this juncture, notice may be issued to the respondent and the impugned newspaper publication dated 03.01.2022 be put on hold and status quo between the parties be maintained till the 27.01.2022 where after the petitioner would seek appropriate relief from a Civil Court.

2. On consideration of the submissions made, that the Civil Courts in Meghalaya are closed for the winter vacation, and also on the submission of the learned Sr. counsel that an attempt has been made to persuade the Civil Court to take up this matter which was not allowed for which the only recourse is by way of this writ application before this Court, this Court considering everything in perspective, for ends of justice has deemed it fit to consider the limited prayer of the petitioner, includes that at approaching the Civil Court of competent jurisdiction.

3. It is therefore, hereby directed that notice be issued, returnable within 27.01.2022 and the impugned newspaper publication dated 03.01.2022 is hereby put on hold until further orders. Status quo between the parties are also directed to be maintained until the said date, that is 27.01.2022.

4. It is further open to the respondent to challenge the maintainability of this application, if so advised.

5. List this matter in the first week of February.