Gujarat High Court
President-Gujarat vs President-Federation on 14 November, 2011
Author: M.R. Shah
Bench: M.R. Shah
Gujarat High Court Case Information System
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SCA/15817/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 15817 of 2008
=========================================================
PRESIDENT-GUJARAT
ENGINEERING COMPANY & 1 - Petitioner(s)
Versus
PRESIDENT-FEDERATION
OF GUJARAT INDUSTRIES - Respondent(s)
=========================================================
Appearance
:
MR
NACHIKET DAVE FOR NANAVATI ASSOCIATES for
Petitioner(s) : 1 - 2.
MR AR MAJMUDAR for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 29/12/2008
ORAL
ORDER
What is challenged in the present Special Civil Application under Article 227 of the Constitution of India is the impugned judgement and order dtd.20/10/2008 passed by the learned 4th Additional District Judge, Vadodara in Misc.Civil Appeal No.275 of 2007 in allowing the same by quashing and setting aside the ex-parte ad-interim injunction granted by the learned trial court below application Ex.5 in Regular Civil Suit No. 886 of 2007.
Mr.Nachiket Dave, learned advocate appearing on behalf of the petitioners ? original plaintiffs has submitted that considering the fact that the application Ex.5 is yet to be decided and disposed of by the learned trial court, he is not pressing present Special Civil Application, however, has requested to direct the learned trial court to decide and dispose of the application Ex.5 at the earliest, in accordance with law and merits, without in any being influenced by the observations made by the learned appellate court. He has submitted that he does not invite any reasoned order as the same might affect the case of the petitioner at the time of hearing of application Ex.5.
At this stage, Mr.Kamal Trivedi, learned Advocate General appearing on behalf of the respondent on Caveat has submitted that as such the order passed by the learned appellate court is fully implemented and the Minutes of the E.G.M. convened on 3/8/2007 is already approved in the meeting held on 28/9/2007 and the same is communicated on 5/12/2008.
In view of the above and in the facts and circumstances of the case, and considering the fact that the application Ex.5 is yet to be decided and disposed of by the learned trial court, which is pending since long due to the appeal preferred against the ex-parte ad-interim injunction, the learned trial court is hereby directed to decide and dispose of the application Ex.5 at the earliest in accordance with law and on merits independently, without in any way being influenced by any of the observations made by the learned appellate court in the order impugned in the present Special Civil Application. However, it is made clear that this Court has not expressed any opinion with respect to the development which has taken place subsequently and it is for the learned trial court to decide and dispose of the application Ex.5 independently as aforesaid. Present Special Civil Application is dismissed as not pressed with the observations and directions aforesaid without expressing any opinion on merits of the matter.
rafik [M.R.
SHAH, J.]
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