PUNJAB NATIONAL BANK Vs. UNIWORTH INTERNATIONAL LIMITED

JUDGEMENT

(1.) This appeal is at the instance of the respondents in a writ application and is directed against the order dated 12th August, 2004 passed by a learned Single Judge of this Court thereby disposing of a writ application by setting aside the order impugned with a direction to the present appellant to give an opportunity of hearing to the writ petitioner within two weeks from that date after giving liberty to place all the facts before them and to pass a reasoned order and to communicate the same to the writ petitioner. His Lordship further made it clear that His Lordship did not enter into the merit of the case.

(2.) Being dissatisfied, the respondents have come up with the present mandamus appeal.

(3.) Before entering into the merit of the appeal, we are of the view that this mandamus appeal should be disposed of on the simple ground that the writ application, as it stood, was not maintainable in the absence of the Reserve Bank of India as party-respondent and as such, the learned Trial Judge instead of setting aside the order impugned and giving direction ought to have either dismissed the writ application as not maintainable in the absence of the Reserve Bank of India or directed the writ petitioner to make the Reserve Bank of India as party-respondent and then considered the merit of the same.