GAGANDEEP PRATISHTHAN PRIVATE LIMITED Vs. MECHANO

JUDGEMENT

(1.) Leave granted.

(2.) By the impugned orders, the High Court appointed a Receiver to ascertain the availability of 1040 sq.ft. of floor space in the building in question. By the said order, it also restrained the appellants herein from changing the status quo existing on the date of the impugned order in regard to the said area. When the SLPs from which these appeals arise, came up for preliminary hearing before this Court on 6-11-2000, this Court was pleased to issue notice and pass an order, staying all further proceedings before the High Court until further orders.

(3.) When the matters were taken up for hearing today, Mr. V.R. Reddy, learned senior counsel appearing for the appellants, questioned the jurisdiction of the High Court to make the impugned orders at the threshold without deciding the question of delay in filing the appeal as well as the objections as to the maintainability of the appeal which according to him was raised by the appellants herein. According to the learned counsel since the question of maintainability goes to the root of the jurisdiction of the Court to entertain the appeal as well as to pass the impugned orders the same are liable to be set aside.