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2025 DAILYLAW 8908 (HP)

M/S NEERAJ ENTERPRISES v. CHIEF EXECUTIVE OFFICER HIMURJA AND OTHERS

CWP/2658/2024 · 2025-02-24

Ajay Mohan Goel

body2025

Judgment text

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2025:HHC:3272 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 2658 of 2024 Decided on: 24.02.2025 M/s Neeraj Enterprises … Petitioner Versus Chief Executive Officer HIMURJA and others … Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 _____________________________________________________ For the petitioner : Mr. Jagat Pal, Advocate. For the respondents : Mr. Ankit Kaloti, Advocate vice Mr. Vivek Singh Thakur, Advocate. Ajay Mohan Goel, Judge (Oral) By way of this writ petition, the petitioner has primarily prayed for the following reliefs:- (a) That the appropriate writ orders may kindly be issued and order dated 26.02.2024 (Annexure P-7) and order dated 20.03.2024 (Annexure P-12) may kindly be quashed and set aside in the interest of law and justice. 2. Having heard learned Counsel for the petitioner and taking into consideration the issue raised in this writ petition, this Court made an observation that as there are seriously disputed questions of fact involved therein, it is not be possible for this Court 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:3272 to decide this issue in exercise of its jurisdiction under Article 226 of the Constitution of India. 3. Faced with this situation, learned Counsel for the petitioner submits that the petitioner be permitted to withdraw this writ petition with liberty to file a Civil Suit on the same cause but an observation be made that the time that has been spent by the petitioner while pursuing this remedy be taken into consideration by the learned Civil Court while computing limitation. 4. Accordingly, this writ petition is disposed of as withdrawn with liberty as prayed for, with the observation that while computing limitation, the time that has been spent by the petitioner while pursuing this petition before this Court shall be taken into consideration by the learned Civil Court, in case, any application is filed in this regard by the petitioner. Pending miscellaneous application(s), if any, also stand disposed of accordingly. (Ajay Mohan Goel) Judge February 24, 2025 (narender)