SUSHIL KUMAR Vs. JK TYRE AND INDUSTRIES LIMITED

JUDGEMENT

(1.) Challenge in this appeal is to the order dtd. 27/4/2023 passed by the learned Single Judge while considering and deciding the application under Article 226(3) of the Constitution of India as preferred by the appellant for vacation of the interim order dtd. 14/8/2019.

(2.) It is contended by the learned counsel for the appellant that the learned Single Judge while passing the impugned order has virtually decided the merits of the case leaving it with no scope at the final stage of hearing of the writ petition. It is asserted that with the findings as has been recorded by the learned Single Judge in the impugned order, the fate of the case has been sealed.

(3.) Having considered the submissions, as has been made by learned counsel for the appellant and on going to the order dtd. 24/7/2023 passed by the learned Single Judge, which is impugned herein, it is apparent that the said order is limited to the extent of deciding the application under Article 226(3) of the Constitution of India as preferred by the appellant. In paras 20 and 21 of the said order, it has been stated as follows: