Gujarat High Court
Leighton International Limited & 2 vs Gavin John Hodge & on 10 April, 2014
Author: R.M.Chhaya
Bench: R.M.Chhaya
O/OJMCA/57/2013 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC. CIVIL APPLICATION NO. 57 of 2013
In MISC. CIVIL APPLICATION NO. 202 of 2012
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LEIGHTON INTERNATIONAL LIMITED & 2....Applicant(s)
Versus
GAVIN JOHN HODGE & 1....Respondent(s)
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Appearance:
MR VIRAT G POPAT, ADVOCATE for Applicant(s) Nos.13
SINGHI & CO, ADVOCATE for the Respondent(s) No. 2.1
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CORAM: HONOURABLE MR.JUSTICE R.M.CHHAYA
Date : 10/04/2014
ORAL ORDER
Heard Mr.Virat G. Popat, learned advocate for the applicants, and Mr.Bijal Chhatrapati with Mr.Pranjal Buch, learned advocates for Singhi & Co. for the opponents.
By this application the applicants have prayed for the following reliefs:
"(a) To allow this application;
(b) That the concerned opponents i.e. (1) Mr.Sandip Adani, Dy. General Manager, PMC Project (I) Pvt.
Ltd. and (2) Mr.Kailash Verma (on behalf of Mr.Gautam AdaniChairman and Managing Director of Mundra Port and Special Economic Zone Ltd) be summoned/directed to furnish the documents as appended to the Letter of Request dated 04.09.2012 issued by Hon'ble Supreme Court of New South Wales in Suit No.2011137985 pending in the said Court between the applicant and respondent No.1;
(c) To clarify that the Hon'ble Commissioner has the powers to examine, decide and adjudicate objections as per provisions of Code of Civil Procedure, 1908 and further be pleased to direct the Hon'ble Commissioner to procure documents mentioned in the letter of request dated 04.09.2012 issued by Hon'ble Supreme Court of New South Wales Page 1 of 3 O/OJMCA/57/2013 ORDER in Suit No.2011137985 expeditiously.
(d) To take appropriate action under Rule 10 of Order 16 of the Code of Civil Procedure, 1908;
(e) Pending admission, hearing and final disposal of the present application, the concerned opponents i.e. (1) Mr.Sandip Adani, Dy. General Manager, PMC Project (I) Pvt. Ltd. and (2) Mr.Kailash Verma (on behalf of Mr.Gautam AdaniChairman and Managing Director of Mundra Port and Special Economic Zone Ltd) be directed to furnish the documents as appended to the Letter of Request dated 04.09.2012 issued by Hon'ble Supreme Court of New South Wales in Suit No.2011137985 pending in the said Court between the applicant and respondent No.1;
(f) To dispense with the filing of affidavit as the facts are taken from record of the main application.
(g) To pass such other and further order(s) as may be deem just and proper in the circumstances of the case."
It may be noted that in the main matter by order dated 07.01.2013 this Court has observed as under (at Paragraph No.4 [d]) :
"[d] A copy of the order shall be given to the person nominated by the Registrar (Judicial) for compliance of the order with the observation that any resistance by the other side shall not be adjudicated by him but shall be recorded and report shall be submitted before this Court on the next date."
By this application, the applicants have sought for further reliefs and none of the prayer is in the form of review of earlier order and therefore such application is not maintainable as a review.
It may further be noted that even in this application, the opponents have filed a detailed Page 2 of 3 O/OJMCA/57/2013 ORDER affidavitinreply and have dealt with the aspect of availability and/or nonavailability of a particular document (at Paragraph No.9). Commissioner has not filed any report till date. Learned advocate for the applicants has submitted that the applicants have already intimated the commissioner by communication dated 26.02.2013. Commissioner appointed as per earlier order dated 07.01.2013 shall consider communication dated 26.02.2013 and place a report on record of the main application being Misc. Civil Application No.202 of 2012. It would be open for the opponents to respond to the said communication dated 26.02.2013 latest by 09.05.2014 and report thereof shall be submitted by Commissioner on or before 01.07.2014.
In light of the aforesaid, the present application stands disposed of.
Sd/ [R.M.CHHAYA, J ] *** Bhavesh [pps]* Page 3 of 3