Updates of 3611 and 38318/08/2012 by: Mobi-Club Admin
WP/3611/2011 was heard 16 AUGUST 2012 and in previous hearing the petitioner has asked time to seek clarification from supreme cout on sc order “ pendency of the matter before the Supreme Court or before the Mediator will not hamper the investigation” but as the writ 383 was not heard on 8 aug so this clarification was not obtained by petitioner of 3611 .
now on 16 aug the highcourt has given the petioner time upto 6 sept to get the clarification weather investigation can be carried out or stay on investigation should continue
next hearing of WP/3611/2011 is on 6 sept 2012
ORDER OF WP/3611/2011 ON 16 AUGUST 2012
1. The petitioners have not been able to obtain clarification
that the stay granted by this Court vide order dated 21.3.2012 wouldoperate and is not affected in any manner by the order passed by the Apex Court on 10.5.2012 in Writ Petition (Civil) No.383 of 2011. Onbare perusal of the said order, it appears that the Supreme Court hasobserved that pendency of the matter before the Supreme Court or before the Mediator will not hamper the investigation, which 8.wp.3611-11.doc observation has been made in view of the stand taken by theinvestigating agency before the Supreme Court.
2. Unless the petitioners seek clarification from the Apex Court, the investigating agency would be justified in proceeding with the investigation against the petitioners. For this very reason the hearing of this matter was deferred on the earlier occasion. As aforesaid, the petitioners have not obtained clarification in this behalf so far.
3. As a result, we would accede to the request of the petitioners for adjournment once again with clear understanding that the investigating officer is free to proceed in the matter on the basis of observations made by the Supreme Court if so advised. Matter be
notified on 6th September, 2012, to be listed under caption :
(A. R. JOSHI, J.) (A.M. KHANWILKAR, J.)