Gujarat High Court
Deep Industries Ltd & vs State Of Gujarat & on 7 July, 2017
Author: Akil Kureshi
Bench: Akil Kureshi, Biren Vaishnav
C/SCA/12622/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 12622 of 2017
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DEEP INDUSTRIES LTD & 1....Petitioner(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
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Appearance:
UCHIT N SHETH, ADVOCATE for the Petitioner(s) No. 1 - 2
ADVANCE COPY SERVED TO GP/PP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE AKIL KURESHI
and
HONOURABLE MR.JUSTICE BIREN VAISHNAV
Date : 07/07/2017
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE AKIL KURESHI)
1. Counsel for the petitioner submitted that the petitioner is engaged in providing workover service to oil producing companies such as Oil and Natural Gas Company. The service would primarily require the petitioner to provide machinery in the nature of rigs and qualified manpower for the purpose of maintenance of operational oil wells. According to the petitioner, the contract between the petitioners and its clients is purely in the nature of providing service. The Tribunal held that the contract is severable one of providing service and the other part of sale of goods since according to the Tribunal right to use the rigs was transferred to the clients during the currency of the contract.
Page 1 of 2HC-NIC Page 1 of 2 Created On Sun Jul 23 18:22:40 IST 2017 C/SCA/12622/2017 ORDER
2. Notice returnable on 04.08.2017.
(AKIL KURESHI, J.) (BIREN VAISHNAV, J.) Jyoti Page 2 of 2 HC-NIC Page 2 of 2 Created On Sun Jul 23 18:22:40 IST 2017