Gujarat High Court
Thermax Limited (Sez Unit) vs Gajubhai - Gajendrasinh Bhimaji Jadeja ... on 16 January, 2014
Bench: Bhaskar Bhattacharya, J.B.Pardiwala
C/MCA/95/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL APPLICATION (FOR DIRECTION) NO. 95 of 2014
In
WRIT PETITION (PIL) NO. 21 of 2013
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THERMAX LIMITED (SEZ UNIT)....Applicant(s)
Versus
GAJUBHAI - GAJENDRASINH BHIMAJI JADEJA & 23....Opponent(s)
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Appearance:
MS AMRITA M THAKORE, ADVOCATE for the Applicant(s) No. 1
M/S TRIVEDI & GUPTA, ADVOCATE for the Opponent(s) No. 16
MR AJ YAGNIK, ADVOCATE for the Opponent(s) No. 1 - 4
MR PS CHAMPANERI, ADVOCATE for the Opponent(s) No. 10
MR SHAMIK S BHATT, ADVOCATE for the Opponent(s) No. 10 , 14 , 18
- 20
MS DHARMISH TARAVAL, ADVOCATE for the Opponent(s) No. 11
SINGHI & CO, ADVOCATE for the Opponent(s) No. 12
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CORAM: HONOURABLE THE CHIEF JUSTICE MR.
BHASKAR BHATTACHARYA
and
HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 16/01/2014
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MR. BHASKAR BHATTACHARYA)
1. By this application, the applicant, who was respondent in the main Public Interest Litigation, has prayed for the following relief:
"8.A. Your Lordship be pleased to permit the applicant to transport the items mentioned in paragraph 3 hereinabove from its Unit to the Mundra port and be further pleased to permit the applicant to complete the formalities for customs clearance for export of the said goods and to load the same in vessel/s at the Mundra port for dispatch to the State of Kuwait.Page 1 of 3 C/MCA/95/2014 ORDER
B. Your Lordships be pleased to permit the applicant to unload the truck, which is mentioned in paragraph 6 hereinabove, and to store the semi-finished goods which are unloaded from the truck in its Unit, and to thereafter allow the truck to move out from its Unit to another location outside the SEZ."
2. According to the applicant, before delivery of our judgment dated 13th January 2014, the applicant had entered into a contract for supply of assembly parts of hot oil heater to Kuwait Oil Company, Kuwait, and various assembled items of the said heater package had already been manufactured with an approximate value of Rs.3 Crore and said manufactured items, as described in paragraph 3, are lying at the applicant's premises ready for dispatch via shipment to the overseas buyers. In paragraph 6 of the application, it is further stated that, on 13th January 2014, one truck had entered the applicant's unit carrying semi-finished goods and the said truck along with semi-finished goods is lying inside and has not yet been unloaded. According to the applicant, they need to unload the said truck and allow the truck to thereafter move out from the unit. The applicant submits that unloading of the truck and its removal thereafter from the unit of SEZ to another location does not involve industrial operation or functioning and, for the above reason, this application has been filed for abundant precaution.
3. By our order dated 13th January 2014, we specifically directed that so long appropriate decision is not taken by the Central Government relating to environment clearance there should not be any further activity in the form of construction etc. including functioning of the unit in the area in question.
4. After hearing the learned counsel for the parties and after going through our order, we find that removal of those items already Page 2 of 3 C/MCA/95/2014 ORDER manufactured from the unit in question does not infringe our order as the same does not amount to functioning of the SEZ within the meaning of our order. We, thus, allow the above two prayers made in the application. Similarly, after unloading from the truck if the materials are removed from the area in question without doing anything more, the same would not infringe our order.
5. The application is, thus, disposed of by granting the reliefs claimed.
(BHASKAR BHATTACHARYA, CJ.) (J.B.PARDIWALA, J.) *malek Page 3 of 3