LAWS(RAJ)-2006-7-105

KAMAL M. MORARKA Vs. REGISTRAR. CO

Decided On July 25, 2006
Kamal M. Morarka Appellant
V/S
Registrar. Co Respondents

JUDGEMENT

(1.) This special appeal is directed against part of the order of learned Single Judge by which while admitting the writ petition of the appellant, the learned Judge declined to grant interim relief and rejected the stay application. The learned Single Judge observed that the impugned order had already taken effect and no case for stay was made out. We find no error in the impugned order.

(2.) We may further observe that it is the settled rule that where grant of interim relief results in granting the main relief, the Court should ordinarily refrain from passing interim orders. The petitioner has questioned the validity of the expulsion order and if this Court were to stay the order, it would result in revival of his membership which can not be done. We thus find no error in the order of the learned Single Judge rejecting the prayer of stay.

(3.) In the result, the appeal is dismissed. Appeal Dismissed.