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2007 DAILYLAW 2427 (DEL)

NEERAJ SINGAL v. PARAGON SECURITIES P. LTD

2007-09-24

Sanjiv Khanna

body2007
( 1 ) IN these connected appeals, the issues raised are identical and, therefore, we propose to dispose of all these appeals by a common order. ( 2 ) THE contention raised by the learned counsel for the appellant is that the impugned order was passed without giving any opportunity of hearing to the appellants. It is stated that no notice was issued to the appellants, who are adversely affected by the impugned order and the observations made therein. It is submitted that the appellants are aggrieved by the order passed by the learned Single Judge, which was passed in violation of the principles of natural justice. ( 3 ) WE have also heard the learned counsel for the respondent in these appeals. ( 4 ) ON going through the order, we find that the order was passed by the learned single Judge after hearing the learned counsel for the Union of India and the petitioner. The appellants herein although were parties, did not get an opportunity to place their views and submissions before the learned Single judge. It is apparent that the appellants are aggrieved by the aforesaid order. It is pointed out to us that there are a number of pleas of the appellants, which were required to be considered and examined. Considering the facts and circumstances of the case, we set aside the impugned order and remit back the matter to the learned Single Judge to consider the writ petition afresh in accordance with law and after giving opportunity of hearing to all parties. ( 5 ) DURING the course of arguments made before us, it was pointed out that the learned Company Judge had already passed a restraint/stay order in respect of the order dated 21st August, 2007 passed by the Company Law Board. In that view, in any case, there shall be no further proceedings before the Company Law board in terms of the order passed by the learned Company Judge. ( 6 ) THE matter shall be taken up by the learned Single Judge as expeditiously as possible. Parties shall appear before the learned Single Judge on 1st October, 2007. The learned Single Judge may also consider and pass any interim order as he may deem fit and proper. ( 6 ) THE matter shall be taken up by the learned Single Judge as expeditiously as possible. Parties shall appear before the learned Single Judge on 1st October, 2007. The learned Single Judge may also consider and pass any interim order as he may deem fit and proper. ( 7 ) WE make it clear that the learned Single Judge shall decide the writ petition afresh, without being influenced by any observation made in the impugned order or this order. This Court has not expressed any view on the merits of the controversy between the parties. ( 8 ) THE appeal is accordingly disposed of. Copy of this order will be given dasti to the learned counsel appearing for the parties.