CELEX TECHNOLOGIES PVT. LTD., CALCUTTA & OTHERS Vs. STATE OF U.P., THRU. SECRETARY, TRANSPORT DEPTT. & OTHERS

JUDGEMENT

(1.) COUNTER affidavit filed on behalf of respondent no. 1 is taken on record. Supplementary affidavit filed on behalf of petitioners is also taken on record.

(2.) HEARD Sri R.N. Trivedi, learned Senior Counsel assisted by Sri Gaurav Bhatia, learned counsel for petitioners and Sri J.N. Mathur, learned Additional Advocate General on behalf of State.

(3.) ATTENTION of this Court has been invited towards the Judgment and order dated 08.12.2011 passed by their Lordships of the Hon'ble Supreme Court in Writ Petition (Civil) No. 510 of 2005, Maninderjit Singh Bitta Versus Union of India. In response to the arguments advanced by Sri J.N. Mathur, the arguments advanced by Sri R.N. Trivedi, learned Senior Counsel for the petitioners is in two folds. Firstly, the State of U.P. on 08.12.2011 has not placed the correct facts before the Hon'ble Supreme Court with regard to order passed by this court on 23.11.2011. The second limb of argument advanced by Sri R.N. Trivedi is that Hon'ble Supreme Court has not restrained this Court to proceed with the case and decide the same on merits and only passing of an interim order has been stayed.