Gujarat High Court

SCA/7628/1997 of IC GANDHI SILK MILLS LTD Vs JOINT ADDITIONAL DIRECTOR on 24 October 1997

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THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No 7628 of 1997 For Approval and Signature: Hon'ble THE CHIEF JUSTICE MR. K.SREEDHARAN and MR.JUSTICE R.A.MEHTA ============================================================ 1. Whether Reporters of Local Papers may be allowed to see

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No 7628 of 1997 For Approval and Signature:

Hon'ble THE CHIEF JUSTICE MR. K.SREEDHARAN and MR.JUSTICE R.A.MEHTA

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1. Whether Reporters of Local Papers may be allowed to see the judgements? - No.

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2. To be referred to the Reporter or not? - No.

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3. Whether Their Lordships wish to see the fair copy of the judgement? - No.

4. Whether this case involves a substantial question of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder? - No.

5. Whether it is to be circulated to the Civil Judge?-No.

-------------------------------------------------------------- IC GANDHI SILK MILLS LTDVersus JOINT ADDITIONAL DIRECTOR -------------------------------------------------------------- Appearance: MR SA DESAI for Petitioners MR KETAN A DAVE for Respondent No. 1 -------------------------------------------------------------- CORAM : THE CHIEF JUSTICE MR. K.SREEDHARAN and MR.JUSTICE R.A.MEHTA Date of decision: 24/10/97

ORAL JUDGEMENT : (Per R.A. Mehta, J.) Rule. Mrs. Avani Mehta and Mr.Ketan Dave waive service of Rule on behalf of the respondents.

The appeal of the petitoners came to be dismissed for not complying with the pre-condition for hearing of the appeal. While dismissing the appeal, it is stated :- "... dismissed on merits and default for not submitting a Bank Guarantee which was a pre-condition for hearing the appeal...."

We find that the appeal of Messrs. Wadiawala Trading & Co. was heard and dismissed on merits and the appeal of the petitioners was not considered on merits because their contention was that the petitioners could not have been equated with the other parties. That question is not considered and the petitioners' matter is not decided on merits.

The petitioners were directed by way of a precondition to furnish a bank guarantee of Rs.1,00,000.00 by the order dated 31st October, 1995. Since that order was not complied with, the appeal has been dismissed for non-compliance. When we issued notice in this petition, we had directed the petitioners to been dismissed for non-compliance. When we issued notice in this petition, we had directed the petitioners to deposit a sum of Rs.2,00,000/- in this Court and it has been so done.

In view of that deposit, it is directed that the petitioners' appeal be restored and be heard on merits in accordance with law and this amount of Rs.2,00,000/- be treated as pre-deposit for hearing of the appeal.

The Office is directed to pay the amount of Rs.2,00,000.00 deposited in this Court by an account payee cheque to respondent No.1 and the cheque to be Rs.2,00,000.00 deposited in this Court by an account payee cheque to respondent No.1 and the cheque to be handed over to the Standing Counsel representing respondent No.1.

In view of this, the impugned order dated 26th May, 1997 so far as the present petitioners are concerned is set aside and this appeal is remanded to the 1st respondent for disposal in accordance with law.

Rule is made absolute accordingly.

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(apj)

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