(1) IN THE HON'BLE HIGH COURT OF C.G. AT BILASPUR W.P. (2271 No. C7 /U/ of2009 PETITIONER/ Plaintiff ^r M/s H.R. Malik 85 Company, Contactor/Proprietor Anand Kumar Malik, through Special Power of Attorney Santosh Golchha, aged about 56 years, S/o Late Shri Kewalchand Golchha, R/o Ushakiran, Malviya Nagar, Durg, Tahsil & District-Durg (C.G.) RESPONDENTS/ Defendants VERSUS ^"" ^c ^aP' ^^•""" ^ .^^•' •^-'; << "^ :1. Municipal Corporation Bhilai, through Coininissioner Municipal Corporation Bhilai, Tahsil & District-Durg (C.G.) 2. State of Chhattisgarh, Through Collector, Durg, Tahsil 8s District-Durg (C.G.) 3. Steel Authority of India Limited, through Managing Director, Bhilai Ispat Industry, Bhilai, District-Durg (C.G.) WRIT PETITION UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA HIGH COURT OF GHHATTISGARH AT BILASPUR SinGrie Bench: Hon'We Shri Justice Prashant Kumar Mishra PETtTIONER PLA(NT(FF RESPONDENTS DEFENDANTS WritPefrtion 12271 No.6984/2009 M/s H.R. Malik& Company Versus Municipal Corporation Bhilai & othersa Shri Prateek Sharma, counsel for the petitioner. Shri Vinod Tekam, P.L. for the State/respondent No.2. ^ WRTT PETmON UNDER ARTICLE 227 OF THE CONSTrTUTION OF "1^'~i3^:;.,%1 ^ ORALORDER (24.02.2010) The petitioner herein is aggrieved by the order passed by the Court on 23-10-2009 (Annexure P/1) rejecting hiss^ ^eaf , ^#m^ W ^W Wi •^^ -fi^^^^^ y^^^ under Order 43 Rute 1 (r) of C.P.C. whteh m tum was preferrect tey?tlie petitioner to chattenge the order passed by the trial eourt*<M'i 04-07-2009 rejecting his application under Order 39 Rule 1 & 2 read wtth Sectton 151 of C.P.C. Both the Courts below have concurrentjy found that the petitioner has no prima facie case, balancew6of convenience and irreparable loss whteh are the three pillars andi , paramekers for deciding a prayer for grant of temporary ir^yndtion, however wfthout entering into the merits or commenting anythingwn* |; the respective rights of the parties, this Court directs that sinee the^suit itself is pending for last more than 10 years the trial Court shatl doweil , ^ to dispose of the suit as eariy as possible. ___„ Sd/- Prashant Kumar Mishra Judge \-