Gujarat High Court
Gujarat vs Texmaco on 30 November, 2010
Author: A.L.Dave
Bench: A.L.Dave
Gujarat High Court Case Information System
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SCA/14813/2005 2/ 2 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 14813 of 2005
For
Approval and Signature:
HONOURABLE
MR.JUSTICE A.L.DAVE
=========================================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To be
referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge ?
=========================================================
GUJARAT
INDUSTRIAL DEVELOPMENTCORPORATION - Petitioner(s)
Versus
TEXMACO
CRIMPERS TEXTURIZERS - Respondent(s)
=========================================================
Appearance
:
MR
MB GANDHI for
Petitioner(s) : 1,
MR DAKSHESH MEHTA for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE A.L.DAVE
Date
: 30/11/2010
ORAL JUDGMENT
During the course of hearing, it is noticed that there are number of errors in the order impugned while referring to the relevant documents and their exhibits and it is difficult to reconcile as to on what counts the application of the petitioner requesting for setting aside the ex-parte decree is rejected without any order on application for condonation of delay.
2. In this set of circumstances, without entering into merits and upon consensus of the advocates for the parties, the order in question is set aside and the matter is remanded to the trial Court for deciding the petitioner's application for delay condonation in the first instance and then if the delay is condoned, to decide the application for setting aside the decree. The trial Court is further directed to decide the delay condonation application within a period of three months from the date of receipt of writ of this Court.
3. Rule made absolute accordingly. No costs.
(A.L. DAVE, J.) zgs/-
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