Gujarat Rural Industries Marketing Corporation Ltd. v. Subhash Dolatram Vaswani
2017-06-27
B.N.KARIA, M.R.SHAH
body2017
DigiLaw.ai
ORDER : M.R. SHAH, J. 1. Shri Jeet Bhatt, learned advocate appearing on behalf of the appellants of Letters Patent Appeal No. 1071/2016 does not press Letters Patent Appeal No. 1071/2016 and seeks permission to withdraw the present Letters Patent Appeal as the main Special Civil Application is yet to be considered by the learned Single Judge. Under the circumstances, Letters Patent Appeal No. 1071/2016 and Civil Application No. 10708/2016 in Letters Patent Appeal No. 1071/2016 stands dismissed as withdrawn. All the contentions/defences, which may be available to the respective parties, are kept open to be considered by the learned Single Judge while deciding Special Civil Application No. 17764/2016. 2. Now, so far as Letters Patent Appeal No. 698/2016 in Miscellaneous Civil Application No. 1120/2016 and Letters Patent Appeal No. 700/2016 in Special Civil Application No. 2890/2014 are concerned, it appears that the same are filed by the original respondents challenging the impugned judgment and order passed by the learned Single Judge dismissing Miscellaneous Civil Application No. 1120/2016 and allowing Special Civil Application No. 2890/2014. 3. After making some submissions, there is a broad consensus between the learned advocates appearing on behalf of the respective parties that in view of the subsequent development of withdrawing the benefit granted in favour of one Shri K.V. Nakar and Shri B.A. Chauhan, which is subject matter of Special Civil Application No. 17764/2016, the impugned order passed by the learned Single Judge in Special Civil Application No. 2890/2014 be set aside and the matter be remanded to the learned Single Judge to decide and dispose of the said Special Civil Application in accordance with law and on its own merits and to be heard with Special Civil Application No. 17764/2016. Learned advocates appearing on behalf of the respective parties do not invite any further reasoned order while quashing and setting aside the impugned judgment and order passed by the learned Single Judge in Special Civil Application No. 2890/2014. 4. In view of the above broad consensus between the learned advocates appearing on behalf of the respective parties recorded hereinabove, Letters Patent Appeal No. 700/2016 is hereby allowed. The impugned judgment and order passed by the learned Single Judge in Special Civil Application No. 2890/2014 is hereby quashed and set aside.
4. In view of the above broad consensus between the learned advocates appearing on behalf of the respective parties recorded hereinabove, Letters Patent Appeal No. 700/2016 is hereby allowed. The impugned judgment and order passed by the learned Single Judge in Special Civil Application No. 2890/2014 is hereby quashed and set aside. The matter is remanded to the learned Single Judge to decide and dispose of the same in accordance with law and on its own merits. To be heard with Special Civil Application No. 11764/2016. It goes without saying that we have not entered into the merits of the case and we have not expressed anything in favour of either parties and all the defences and contentions, which may be available to the respective parties, may be kept open to be considered by the learned Single Judge. 5. In view of Letters Patent Appeal No. 700/2016 being allowed and the impugned judgment and order passed by the learned Single Judge in Special Civil Application No. 2890/2014 is set aside, no further order is required to be passed in Letters Patent Appeal No. 698/2016, which is preferred against the order passed by the learned Single Judge dismissing the review application. 6. With this, Letters Patent Appeal No. 700/2016 is hereby allowed and Letters Patent Appeal No. 698/2016 stands disposed of. Civil Application Nos. 7335/2016 and 7395/2016 7. In view of disposal of the Letters Patent Appeals, respective Civil Applications Nos. 7335/2016 and 7395/2016 stand disposed of.