Gujarat High Court
Gujarat Mineral Development ... vs Simplex Infrastructure Limited on 30 January, 2017
Bench: M.R. Shah, B.N. Karia
C/CA/1203/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL APPLICATION (FOR STAY) NO. 1203 of 2017
In FIRST APPEAL NO. 618 of 2017
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GUJARAT MINERAL DEVELOPMENT CORPORATION LTD....Applicant(s)
Versus
SIMPLEX INFRASTRUCTURE LIMITED....Respondent(s)
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Appearance:
MR SN SOPARKAR, SR. ADVOCATE with MR G H VIRK, ADVOCATE for the
Applicant(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE M.R. SHAH
and
HONOURABLE MR.JUSTICE B.N. KARIA
Date : 30/01/2017
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE M.R. SHAH) RULE. Shri Bhash Mankad, learned Advocate waives service of notice of Rule on behalf of the respondent. In the facts and circumstances of the case and with the consent of learned Advocates appearing for respective parties, present application is taken up for final hearing today.
Present application has been preferred by the applicant herein - original opponent to stay further implementation, execution and operation of the impugned order passed by the learned Commercial Court, impugned in the main First Appeal.
Shri Krishna Vijay Singh, learned Counsel appearing with Ms. Garima Malhotra, learned Advocate for Shri Bhash Mankad, learned Advocate appearing on behalf of the respondent has stated at the Bar that the respondent shall not take any further steps to execute the impugned order passed by the learned Commercial Court, impugned in the main First Appeal, till the final disposal of the main First Appeal. He has stated at the Bar that he has given Page 1 of 2 HC-NIC Page 1 of 2 Created On Tue Jan 31 02:14:25 IST 2017 C/CA/1203/2017 ORDER the aforesaid concession at this stage as the main First Appeal is fixed for final hearing on 10.02.2017. However, has requested to reserve the liberty in favour of the respondent to move an appropriate application for modification of the present order in case the appeal is not heard within reasonable time.
In view of the above, the concerned respondents are directed to act as stated hereinabove. In view of the above, no further order is required to be passed at this stage. Present application stands disposed of accordingly.
Sd/ (M.R. SHAH, J.) Sd/ (B.N. KARIA, J.) Ajay Page 2 of 2 HC-NIC Page 2 of 2 Created On Tue Jan 31 02:14:25 IST 2017