Gujarat High Court
Sihor Municipality vs Bharat Petroleum Corporation Ltd on 13 June, 2023
Author: Ilesh J. Vora
Bench: Ilesh J. Vora
C/SCA/8233/2008 ORDER DATED: 13/06/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 8233 of 2008
With
CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2023
In R/SPECIAL CIVIL APPLICATION NO. 8233 of 2008
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SIHOR MUNICIPALITY
Versus
BHARAT PETROLEUM CORPORATION LTD. & 1 other(s)
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Appearance:
MR YASH N NANAVATY(5626) for the Petitioner(s) No. 1
MS MEGHA CHITALIA, ASST.GOVERNMENT PLEADER for the
Respondent(s) No. 2
MR AJAY R MEHTA(453) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
Date : 13/06/2023
ORAL ORDER
1. Heard Mr. Kartik Bhatt, learned counsel appearing for and on behalf of learned counsel Mr. Yash Nanavaty and Mr. Ajay Mehta, learned counsel for respondents.
2. This petition is directed against the order passed by the learned Principal District Judge, Bhavnagar in Regular Civil Appeal No.25 of 2007 on 07.03.2008.
3. Office Memorandum dated 22.05.2018 was issued by the Ministry of Heavy Industries & Public Enterprises, Department of Public Enterprises regarding the settlement of commercial dispute between Central Public Sector Enterprises and Government Department/Organisations
4. In view of the mechanism to resolve the dispute as referred to in the Office Memorandum, learned counsel prays to refer the matter to the mechanism referred in the office Memorandum, more Page 1 of 2 Downloaded on : Tue Jun 13 20:47:51 IST 2023 C/SCA/8233/2008 ORDER DATED: 13/06/2023 particularly, in Paragraph No.2 of the Memorandum.
5. IN view of the proposal to refer the matter to the concerned authority, the prayer sought as is granted. The dispute raised herein has been referred to the administrative mechanism for resolution of CPSEs dispute known as AMRCD. The authority concerned shall decide the dispute between the parties in accordance with law. This Court has not gone into the merits of the case. It is open for the petitioner to revive the petition, in case of difficulty. The amount of lease rent deposited by the respondent BPCL shall be released and/or disbursed in favour of the petitioner after proper verification.
6. In the above terms, this petition stands disposed of accordingly.
CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2023 In R/SPECIAL CIVIL APPLICATION NO. 8233 of 2008 In view of the order passed in the main matter, present Civil Application stands disposed of accordingly.
(ILESH J. VORA,J) SUDHIR Page 2 of 2 Downloaded on : Tue Jun 13 20:47:51 IST 2023