Gujarat High Court
Leighton International Limited & 2 vs Gavin John Hodge & on 19 March, 2014
Author: S.R.Brahmbhatt
Bench: S.R.Brahmbhatt
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....Applicants
Versus
GAVIN JOHN HODGE & 1....Respondents
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Appearance:
MR VIRAT G POPAT, ADVOCATE for the Applicants No. 1 3
SINGHI & CO, ADVOCATE for the Respondent No. 2.1
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CORAM: HONOURABLE MR.JUSTICE S.R.BRAHMBHATT
Date : 19/03/2014
ORAL ORDER
1. The applicants have takenout this application with following prayers.
(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 Page 1 of 3 O/OJMCA/57/2013 ORDER 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 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
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O/OJMCA/57/2013 ORDER
may be deem just and proper in the circumstances of the case.
2. The order dated 7th January, 2013 in its operative part reads as under : "4....
...[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."
3. In my view, this prayer amounts to seeking modification of the order, which is nothing but seeking of review of the order, as when there is a specific direction restraining the Commissioner from embarking upon any adjudication, relaxation in those restrictions would amount to seeking review of the order and when there is already an affidavit brought before the Commissioner, in respect of the prayers for production of document and when there is no report as envisaged, this Court is of the view that the prayers made in this application are nothing but seeking review of the order. Hence, office may do the needful and place the matter before Hon'ble The Chief Justice for passing appropriate order for placing of matter before appropriate Court. The office is also directed to take expeditious steps for seeking order from Hon'ble The Chief Justice for placing the matter.
(S.R.BRAHMBHATT, J.) Rathod...
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