Gujarat High Court
Classic Network Private Limited ... vs Gujarat Revenue Tribunal, Ahmedabad on 7 July, 2021
Author: Vikram Nath
Bench: Vikram Nath, Biren Vaishnav
C/LPA/552/2021 ORDER DATED: 07/07/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 552 of 2021
In R/SPECIAL CIVIL APPLICATION NO. 8246 of 2021
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2021
In R/LETTERS PATENT APPEAL NO. 552 of 2021
With
R/SPECIAL CIVIL APPLICATION NO. 8246 of 2021
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HARSHITBHAI MULUBHAI JOGIA
Versus
CLASSIC NETWORK PRIVATELIMITED
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Appearance:
MR RS SANJANWALA, SR. ADVOCATE MR. AADIT R SANJANWALA(9918)
for the Appellant(s) No. 1,2
MR SAURABH SOPARKAR, SR. ADVOCATE WITH MR SP MAJMUDAR
(3456) for the Respondent(s) No. 1
MR MEHUL SHAH, SR. ADVOCATE WITH MR VIMAL PUROHIT for the
Respondent(s) No. 4
MR DIGANT KAKKAD for the Respondent(s) No. 6
for the Respondent(s) No. 2,3,5,7,8
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CORAM:HONOURABLE THE CHIEF JUSTICE MR. JUSTICE
VIKRAM NATH
and
HONOURABLE MR. JUSTICE BIREN VAISHNAV
Date : 07/07/2021
COMMON ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE VIKRAM NATH) 1 We have heard Mr. R.S.Sanjanwala, learned Senior Advocate assisted by Mr. Aadit Sanjanwala, learned counsel for the appellants, Mr. Saurabh Soparkar, learned Senior Advocate assisted by Mr. S.P.Majmudar, learned counsel representing respondent No.1, Mr. Mehul Shah, learned Senior Advocate assisted by Mr. Vimal Purohit, learned counsel Page 1 of 4 Downloaded on : Mon Sep 06 22:10:57 IST 2021 C/LPA/552/2021 ORDER DATED: 07/07/2021 appearing for the respondent No.4 and Mr. Digant Kakkad, learned counsel for the respondent No.6. Respondent Nos.2, 3, 5, 7 and 8 are the proforma parties.
2 The present Letters Patent Appeal has been preferred by the original respondents to the writ petition i.e. Special Civil Application No.8246 of 2021 assailing the correctness of the interim order dated 25.06.2021 whereby the learned Single Judge stayed the operation of the order dated 01.06.2021 passed by the Gujarat Revenue Tribunal.
3 The present order is the consent order. The learned senior counsels appearing for the parties have not insisted for the reasoned order.
4 Before the Gujarat Revenue Tribunal, an appeal under Section 36(3) of the Gujarat Public Trusts Act, 1950 preferred by the present appellants is pending. The Special Civil Application had been filed by the respondent No.1 in the appeal against the interim order passed by the Tribunal staying the order of the Charity Commissioner whereby permission had been granted for sale and purchase inter se between the Trust as also the respondent No.1. Thus, it is apparent that before the tribunal also the appeal is pending for final disposal and before the learned Single Judge also Special Civil Application Page 2 of 4 Downloaded on : Mon Sep 06 22:10:57 IST 2021 C/LPA/552/2021 ORDER DATED: 07/07/2021 is pending for final disposal. Since the present order is a consent order, the Special Civil Application will also stand disposed of with the consent of the learned senior counsels for the parties. The present Letters Patent Appeal is disposed of with the following directions:
[1] The order of the Gujarat Revenue Tribunal dated 01.06.2021 is set aside.
[2] Any observations made by the learned Single Judge in the order dated 25.06.2021 will not come in the way of the Gujarat Revenue Tribunal in deciding the appeal on its own merits completely uninfluenced by any observations made in the said order.
[3] The Gujarat Revenue Tribunal will decide the pending appeal within a period of eight weeks from the date a certified copy of this order is filed before it by either of the parties strictly in accordance to law.
[4] Learned counsels for the parties have assured that they would extend full cooperation in the hearing of the appeal before the Tribunal and would not seek any undue or unduly long adjournments but will make an endeavour that the Page 3 of 4 Downloaded on : Mon Sep 06 22:10:57 IST 2021 C/LPA/552/2021 ORDER DATED: 07/07/2021 appeal is decided within the time stipulated above.
[5] The Gujarat Revenue Tribunal if it finds that any of the parties is trying to delay the proceedings will make an endorsement to that effect and proceed to decide the appeal within the time allowed above.
5 With the aforesaid directions, the present Letters Patent Appeal as also the Special Civil Application stand disposed of. Consequently, connected Civil Application also stand disposed of.
6 The Registry is directed to place copy of this order on the record of Special Civil Application No.8246 of 2021 and make a note of its disposal.
(VIKRAM NATH, CJ) (BIREN VAISHNAV, J) P. SUBRAHMANYAM Page 4 of 4 Downloaded on : Mon Sep 06 22:10:57 IST 2021