CR No. 6436 of 2008 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CR No. 6436 of 2008
Decided on : 20-11-2008
HDFC Bank Limited
....Petitioner
VERSUS
Nahar Industrial Enterprises Ltd.
....Respondent
CORAM:- HON’BLE MR. JUSTICE MAHESH GROVER
Present:- Mr. M.L.Sarin, Sr. Advocate with
Mr.Rohit Khanna and
Mr. Kuljeet Singh, Advocates for the petitioner.
MAHESH GROVER, J
After hearing learned counsel, I am of the considered opinion that
the revision petition can be disposed of at this stage without issuance of
notice of motion.
The only prayer that has been made in the revision petition is that
the Court should decide the application under Order 39 Rule 4 which has
been moved for the vacation of the ex parte stay order and an application
under Order 7 Rule 11 which was moved prior in time to the present
application.
The application under Order 7 Rule 11 strikes at the very root of
the matter and therefore in all fairness the application should have been
decided first. In any eventuality if the Court progressed with the
proceedings then an application under Order 39 Rule 4 which has
substantial bearing on the rights of the petitioner be decided even before
entering upon application under Order 7 Rule 11.
CR No. 6436 of 2008 2
Having regard to the aforesaid this revision petition is disposed of
with a direction to the learned Trial Court to dispose of the applications
mentioned above as expeditiously as possible preferably within a period of
three weeks from the date of the receipt of the order.
Disposed of.
Copy of the order be given dasti.
November 20 , 2008 (Mahesh Grover) rekha Judge