Gujarat High Court
Kandla Port Trust vs Shri Kandla Salt Leaseholder on 11 July, 2013
Author: M.R. Shah
Bench: M.R. Shah
KANDLA PORT TRUST....Applicant(s)V/SSHRI KANDLA SALT LEASEHOLDER WELFARE ASSOCATION C/CA/6993/2013 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CIVIL APPLICATION (FOR STAY) NO. 6993 of 2013 In LETTERS PATENT APPEAL NO. 870 of 2013 In SPECIAL CIVIL APPLICATION NO. 7455 of 2012 ========================================= KANDLA PORT TRUST....Applicant(s) Versus SHRI KANDLA SALT LEASEHOLDER WELFARE ASSOCATION & 3....Respondent(s) ============================================= Appearance: MR. SOPARKAR, LD. SR. ADV. WITH MR DHAVAL D VYAS, ADVOCATE for the Applicant(s) No. 1 MR. ASIM PANDYA, LD. ADV FOR HL PATEL ADVOCATES, ADVOCATE for the Respondent(s) No. 1 MR PS CHAMPANERI, ADVOCATE for the Respondent(s) No. 2 ============================================= CORAM: HONOURABLE MR.JUSTICE M.R. SHAH and HONOURABLE MS JUSTICE SONIA GOKANI Date : 11/07/2013 ORAL ORDER
(PER : HONOURABLE MR.JUSTICE M.R. SHAH) Rule.
Shri Asim Pandya, learned advocate waives service of notice of Rule on behalf of original petitioner, Shri P.S. Champaneri, learned Assistant Solicitor General of India waives service of notice of Rule on behalf of respondent nos. 2 and 4. So far as respondent no.3 is concerned, it is statutory authority who has passed the order challenged in the main Special Civil Application and as such had no personal interest, they are not required to be served.
Present application has been preferred by the applicant herein-original appellant to stay the further implementation and operation of the impugned judgment and order passed by the learned Single Judge passed in Special Civil Application No.7455 of 2012 dated 14.6.2013. It is required to be noted that learned Single Judge himself has stayed the impugned judgment and order impugned in the Letters Patent Appeal till 12.7.2013. Shri Asim Pandya, learned advocate for the original petitioner does not invite any reasoned order while allowing the present application and continuing the stay of the impugned judgment and order, under the circumstances, we are not assigning any further reasons.
In view of the above, present application is allowed and entire judgment and order of the learned Single Judge impugned in the Letters Patent Appeal is hereby stayed till final disposal of the main Letters Patent Appeal. Rule is made absolute to the aforesaid extent. No costs.
(M.R.SHAH, J.) (MS SONIA GOKANI, J.) Kaushik Page 2 of 2