Gujarat High Court
Batliboi vs Town on 10 May, 2010
Author: S.J.Mukhopadhaya
Bench: S.J. Mukhopadhaya
Gujarat High Court Case Information System
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LPA/352/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 352 of 2009
In
SPECIAL
CIVIL APPLICATION No. 6540 of 2008
With
CIVIL
APPLICATION No. 3656 of 2009
In
LETTERS PATENT APPEAL No. 352 of 2009
=========================================
BATLIBOI
LIMITED - Appellant(s)
Versus
TOWN
DEVELOPMENT OFFICER & 1 - Respondent(s)
=========================================
Appearance :
NANAVATI
ASSOCIATES for the Appellant.
None for Respondent(s) : 1,
MR
AMIT V THAKKAR for Respondent
no.2.
=========================================
CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
and
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 10/05/2010
ORAL
ORDER
(Per : HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA) The case was listed on 19th April, 2010. The following statements made by parties were recorded.
"Counsel for the appellant states that the parties are negotiating the matter for settlement. But we find that the land for which settlement is intended to be arrived, is mortgaged with the consortium of banks and without paying secured debt and in absence of those parties, the parties before us cannot settle the matter and get the seal of the Court. However, on the request of the learned counsel for the parties, we adjourn the case to enable the appellant to pay the secured debt, get the mortgaged loan cleared or otherwise, obtain N.O.C. from Consortium of banks and then to settle the matter with the respondents.
Post the matter on 10th May, 2010."
2. Learned counsel appearing on behalf of the appellant submits that in view of the aforesaid stand taken by the parties, the parties including the appellants are allowed to move before consortium of banks for No objection certificate. If consortium of banks takes any adverse decision, they may move before appropriate forum.
3. Having heard learned counsel for the parties, while we allow the parties to negotiate and settle the matter subject to No objection certificate if granted by the consortium of banks. We also allow the parties to move before this Court, if consortium of banks refuses to grant such No objection certificate on irrelevant considerations. The appeal as well as civil application stand disposed of.
(S.J.Mukhopadhaya,C.J.) (Akil Kureshi,J) ***vcdarji Top