MANIBEN VIRABHAI Vs. DISTRICT DEVEPOMENT OFFICER

JUDGEMENT

(1.) This matter comes up on Civil Application No. 172 of 1995 which was filed by the present applicant for vacating ad-interim relief. This application for vacating ad-interim relief was moved before this Court on 20.7.1995 with a copy to Mr. H. S. Munshaw (the learned counsel for original petitioner) supplied on 2.8.1995. The applicant seeks vacation of ex-parte ad-interim order dated 19.1.1994 which was passed by this Court while issuing Rule and whereby the payment of backwages to the present applicant i.e. original respondent in the main Special Civil Application No. 642 of 1994 was stayed. The application for vacating ad-interim relief was filed with proper court fees stamp.

(2.) Although a copy of the application was served on 2.8.1995 upon the original petitioner who had obtained ex-parte ad-interim order on 19.1.1994 without furnishing copy of the Paper Book to the otherside, the application is still pending and has not been disposed of. Two weeks period expired on 16.8.1995, and therefore, in terms of Article 226(3), the ex-parte ad-interim order dated 19.1.1994 stood vacated automatically. Article 226(3) is reproduced as under:

(3.) I find from the facts and record of this case that all the ingredients to invoke the provision of Article 226(3) are fully available in this case and by operation of the provision contained in Article 226(3) by itself ex-parte ad-interim order dated 19.1.1994 stood vacated with the expiry of the period of two weeks from the date i.e. 2.8.1995 on which the copy of the application for vacating order had been duly received by Mr. H. S. Munshaw appearing for the original petitioner. Mr. MunshaW was therefore at pains to pursuade this court to hear the matter on merits but it is not necessary to go into the merits of the application for interim relief at this stage or to continue the order dated 19.1.1994 because it stands automatically vacated with the expiry of two weeks period on and from 2.8.1995 i.e. the date on which the copy of the application for vacating order was duly received by the learned counsel for the petitioner.