Gujarat High Court
M/S Indo Farm Tractors And Motors ... vs Castings And Castings on 30 November, 2018
Author: Vipul M. Pancholi
Bench: Vipul M. Pancholi
C/SCA/11265/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 11265 of 2018
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M/S INDO FARM TRACTORS AND MOTORS LIMITED
Versus
CASTINGS AND CASTINGS
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Appearance:
MR SHALIN N MEHTA, SENIOR ADVOCATE ASSISTED BY MR HAMESH
C NAIDU(5335) for the PETITIONER(s) No. 1
for the RESPONDENT(s) No. 1,2
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CORAM: HONOURABLE MR.JUSTICE VIPUL M. PANCHOLI
Date : 30/11/2018
ORAL ORDER
1. Draft amendment is granted. The petitioner to carry out the amendment forthwith.
2. Heard learned Senior Counsel, Mr. Shalin N. Mehta assisted by learned advocate, Mr. Hamesh C. Naidu for the petitioner.
3. Learned Senior Counsel submitted that in the first round of litigation, matter was settled between the parties and, therefore, when the petitions were filed before this Court being Special Civil Application Nos.8867-8868 of 2010, same were disposed of by order dated 27 th January, 2011. It is submitted that thereafter, an Page 1 of 3 C/SCA/11265/2018 ORDER application is submitted by the present respondent- original claimant on 15.12.2011 before the respondent Council. Said application was rejected. Against which, the respondents herein filed Special Civil Application No.8910 of 2012. This Court disposed of the said petition by an order dated 12.10.2012 on the basis of instruction received by the concerned learned Assistant Government Pleader from the concerned Officer of the respondent Council. However, before disposing of the said petition, notice was not issued to the present petitioner.
4. Learned Senior Counsel, thereafter, referred to an email dated 29.7.2017 received from the respondent Council wherein it is stated that date of hearing is fixed on 2.8.2017. As the said date was too short and not convenient to the concerned Officer of the petitioner as the concerned Officer has to travel from Baddi, Himachal Pradesh to appear in the matter, the petitioner requested for time. However, without granting time to the petitioner, impugned order has been passed by the respondent Council.
5. In view of the aforesaid submissions, issue notice returnable on 27th December, 2018. In the meantime, Page 2 of 3 C/SCA/11265/2018 ORDER impugned order dated 24th April, 2018 passed by the State Level Industry Felicitation Council, Gujarat is stayed till the returnable date. Direct service is permitted.
(VIPUL M. PANCHOLI, J) RADHAKRISHNAN K.V. Page 3 of 3