JUSTICE J. M. MALIK, PRESIDING MEMBER (ORAL)

Learned counsel for the parties present.  The State Commission passed the impugned order.  Its relevant part runs as follows:

“Along with the appeal the complainant has filed an interim application.  The complainant’s version is that the Ops are threatening to create third party interest in the subject matter of the complainant and to cancel it’s allotment which exists in favour of the complainant.  There is no document in support of this apprehension.  In view of the given situation out of the three factors governing grant of ex-parte ad-interim injunction, principles of balance of convenience and irreparable injury presently do not favour of the complainant.”

          On the last date of hearing, we had ordered that no third party interest should be created.  This order was passed on 3.12.2003.  Mr. Sumeer Sodhi, learned counsel had appeared before this Commission.  It is surprising to note that despite the fact that the order was passed in the presence of Mr. Sumeer Sodhi, he did not bring to our notice that third party interest had already been created.  Now, Shri Mukti Bodh appears. He has brought to our notice that allotment in favour of the petitioner was cancelled on 23.4.2011 and thereafter, third party interest was created, vide agreements dated 16.5.2011 and 8.5.2012. This is for the State Commission to consider this contention and pass the order as per law.  The matter stands disposed of.  However, the State Commission is directed to expedite the case and pass the final order within six months from the date of receipt of this order.