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.