CW 3050/08 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.3050/2008 Mala Ram Versus Jai Ram & others Date of Order ::: 13/05/09 Hon'ble Mr. Justice Ajay Rastogi Mr. Ram Kumar Sharma, for petitioner Mr. V.S.Gurjar, for respondent Nos.1 to 3, & 5 to 8. Matter has come up on application U/Art. 226(3) of the Constitution seeking vacation of interim order dt.31/03/08. At joint request, matter has been finally heard to dispose of at admission stage. Instant petition is directed against judgment dt.01/03/2008 (Ann.7) of Rajasthan State Co-operative Tribunal Jaipur – operation whereof has been stayed vide interim order dt.31/03/08. Operative part of order impugned dt.01/03/08 runs: "िनं कषर्त: अपीलाथȸगण Ʈारा ूः तुत अपील ः वीकार की जाकर मध् यः थ एवं िनरीक्षक (कायर्कारी) अभयपुरा माम सेवा सहकारी सिमित िलिमटेड, Ʈारा पािरत अवाडर् िदनांक 28-5-2007 अपाः त िकया जाकर ूकरण इस िनदȶश के साथ लौटाया जाता है िक वाद में वाद िबन् दु कायम िकए जाकर पक्षकारो की साआ य िरकाडर् करने के उपरान् त आवँ यक समझे जाने पर पुन: मत गणना की जावे तथा इस ूकरण का िनणर्य मध् यः थ Ʈारा पऽावली ूाप् त हाने के एक माह में िनणर्य िकया जावे. सहायक रिजः शार को यह िनदȶश भी िदया जाता है िक इस वाद की सुनवाई वतर्मान मध् यः थ के अलावा अन् य िकसी अन् यऽ िनं पक्ष मध् यः थ से करवाई जावे ." CW 3050/08 //2// After making arguments for some times, Counsel for petitioner submits that while matter being remanded by Tribunal vide order impugned certain findings were recorded which caused prejudices at the stage when it will be examined by Arbitrator in terms thereof. Counsel submits that atleast once matter has been remanded, the authority may independently examine on the basis of material on record without being influenced by the finding recorded by learned Tribunal under order impugned. Counsel for respondents has no objection that if the authority is directed to decide the matter afresh in accordance with law without being influenced and prejudiced by findings recorded by learned Tribunal. However, taking an over all conspectus of material on record and keeping in view limited submission, writ petition stands disposed of with the direction that the authority to whom matter has been remanded, may decided the matter afresh after adjudication of the issue in accordance with law expeditiously without being influenced with the finding recorded by learned Tribunal under order impugned. Parties duly represented before this Court are directed to appear on 08/06/09 before the authority concerned, which may also CW 3050/08 //3// issue notices to the parties being not represented herein. Accordingly application U/Art. 226(3) of the Constitution stands disposed of. Interim order dt.31/03/08 stands vacated. No costs. A copy of this order be sent to Asstt. Registrar (respondent no.23) for compliance. (Ajay Rastogi), J. K.Khatri/p3/3050CW08May13Rmnd.doc