Gujarat High Court
Inorbit Malls(India) Private Limited vs Vihar Cine Private Limited Thru ... on 19 October, 2022
Author: Aravind Kumar
Bench: Aravind Kumar, Ashutosh J. Shastri
C/LPA/1377/2018 ORDER DATED: 19/10/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 1377 of 2018
In R/SPECIAL CIVIL APPLICATION NO. 12252 of 2018
With
CIVIL APPLICATION (FOR INTERIM RELIEF) NO. 1 of 2018
In R/LETTERS PATENT APPEAL NO. 1377 of 2018
With
CIVIL APPLICATION (FOR JOINING PARTY) NO. 1 of 2019
In R/LETTERS PATENT APPEAL NO. 1377 of 2018
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INORBIT MALLS(INDIA) PRIVATE LIMITED
Versus
VIHAR CINE PRIVATE LIMITED THRU MANOJBHAI GOPALDAS
SURVANSHI
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Appearance:
MR.MIHIR JOSHI, SENIOR COUNSEL WITH MR SALIL M
THAKORE(5821) for the Appellant(s) No. 1
MS.HETAL PATEL, AGP for the Respondent(s) No. 3
MR. MAULIK NANAVATI, ADVOCATE FOR NANAVATI & CO.(7105) for
the Respondent(s) No. 2
NOTICE SERVED for the Respondent(s) No. 1,4
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CORAM:HONOURABLE THE CHIEF JUSTICE MR. JUSTICE
ARAVIND KUMAR
and
HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI
Date : 19/10/2022
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE ARAVIND KUMAR) [1] In this appeal a challenge is laid to the order dated 17.10.2018 passed by the learned Single Judge in Special Civil Application No.12252 of 2018 whereunder certain directions came to be issued vide paragraphs 26 (i) to (iv). Page 1 of 4 Downloaded on : Fri Oct 21 20:19:53 IST 2022
C/LPA/1377/2018 ORDER DATED: 19/10/2022 [2] The Coordinate Bench while issuing notice on the present
appeal by order dated 26.10.2018 taking note of the interim order having been passed in connected Special Civil Application No.17552 of 2014 directed that directions issued in paragraph No.26(ii) vide judgment dated 17.10.2018 should not be implemented so far as the appellant is concerned. Simultaneously, the direction contained in paragraph No.26(iii) of the judgment dated 17.10.2018 was stayed. It was also made clear that said order passed on 26.10.2018 would not preclude the respondent authorities to either frame a policy or to amend GDCR in accordance with law. The orders passed in the connected and similar Letters Patent Appeal, namely, Letters Patent Appeal No.1412 of 2018 dated 10.07.2019 is the subject matter of Special Leave to Appeal (C) No(s). 20600 of 2019 whereunder certain interim directions came to be issued by the Hon'ble Apex Court on different dates namely, 15.10.2019, 01.09.2021 and 14.09.2021 respectively.
[3] The learned advocates appearing for the parties would not Page 2 of 4 Downloaded on : Fri Oct 21 20:19:53 IST 2022 C/LPA/1377/2018 ORDER DATED: 19/10/2022
dispute this fact, namely, the issue involved in the present appeal as well as the issue at large before the learned Single Judge is similar and identical to the issues seized by the Hon'ble Apex Court. They would also admit that in the order dated 11.12.2014 passed in Special Civil Application No.17270 of 2014 with Special Civil Application No.17552 of 2014 that pending disposal of the petitions / applications, petitioners themselves have declared that they would charge Rs.10/- for two wheelers (excluding cycles) and Rs.25/- for four wheelers and said arrangement would continue till the disposal of the petition before the learned Single Judge.
[4] It is needless to state that the larger issue which is pending before the Hon'ble Apex Court would necessarily govern the parties and on further orders being passed by the Hon'ble Apex Court, both parties would be at liberty to place the same before the learned Single Judge for consideration to urge their respective contentions in pending Special Civil Application.
[5] In that view of the matter, by placing the submissions on Page 3 of 4 Downloaded on : Fri Oct 21 20:19:53 IST 2022 C/LPA/1377/2018 ORDER DATED: 19/10/2022
record, and leaving open all contentions to be urged before the learned Single Judge, this appeal stands disposed of. [6] All pending Civil Applications stands consigned to records.
(ARAVIND KUMAR, C.J.) (ASHUTOSH J. SHASTRI, J.) DHARMENDRA KUMAR Page 4 of 4 Downloaded on : Fri Oct 21 20:19:53 IST 2022