High Court Kerala High Court

The Bharath Sanchar Nigam Ltd … vs M/S.Eminent Security Service on 9 June, 2008

Kerala High Court
The Bharath Sanchar Nigam Ltd … vs M/S.Eminent Security Service on 9 June, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA.No. 1085 of 2008()


1. THE BHARATH SANCHAR NIGAM LTD (BSNL),
                      ...  Petitioner

                        Vs



1. M/S.EMINENT SECURITY SERVICE,
                       ...       Respondent

2. GOVERNMENT OF INDIA, MINISTRY OF

                For Petitioner  :SRI.C.S.RAMANATHAN

                For Respondent  : No Appearance

The Hon'ble the Chief Justice MR.H.L.DATTU
The Hon'ble MR. Justice A.K.BASHEER

 Dated :09/06/2008

 O R D E R

H.L. DATTU, C.J. & A.K. BASHEER, J.

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W.A. No. 1085 of 2008

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Dated this the 9th day of June, 2008
Judgment

H.L.Dattu, C. J:

This writ appeal is directed against the interim order passed by

the learned single Judge in W.P.NO.10839/2008 dated 4th April,

2008.

2. By the impugned order the learned single Judge has granted

more reliefs than what was even asked for by the petitioner in the

writ petition. The documents on which the learned single Judge has

relied upon, while passing the impugned order, were not produced

by the writ petitioner along with the writ appeal. In our view, the

interim order passed by the learned single Judge was contrary to

some of the clauses in the agreement executed by the respondent

BSNL with the petitioner in the writ petition. Therefore we cannot

sustain the order passed by the learned single Judge. The interim

order passed by the learned single Judge is therefore set aside.

Liberty is reserved to the parties to request the learned single Judge

to hear the matter out of turn.

3. All the contentions raised by the parties are left open.

Ordered accordingly.

H.L. DATTU
Chief Justice

A.K. BASHEER
Judge
an.