GARRISON POLYSACKS PVT LTD v. JAYABEN BHARATSINH DODIYA
2018-01-31
BIREN VAISHNAV, M.R.SHAH
body2018
DigiLaw.ai
JUDGMENT : M.R. SHAH, J. 1. There shall be formal order of admission of the present Letters Patent Appeal. Mr. R.P. Mankad, learned advocate waives service of notice of admission on behalf of the respondent No.1 – original respondent No. 1 – original workman, who can be said to be the main contesting party. 2. In the facts and circumstances of the case and with the consent of the learned advocates appearing on behalf of the respective parties, present appeal is taken up for final hearing today. 3. Feeling aggrieved and dissatisfied with the impugned order passed by the learned Single Judge dated 10/11/2016 passed in Special Civil Application No. 2664 of 2016 by which the learned Single Judge while admitting the main Special Civil Application preferred by the appellant herein – management, refused to grant interim relief as prayed, the original petitioner - management has preferred the present Letters Patent Appeal under Clause 15 of the Letters Patent. 4. Today when the present appeal is taken up for further hearing and final hearing, there is a broad consensus between the learned advocates appearing on behalf of the respective parties that as while refusing interim relief the learned Single Judge has not assigned any reason whatsoever, the impugned order refusing interim relief be quashed and set aside and the matter be remitted to the learned Single Judge to consider the aspect of interim relief as prayed in the petition. The learned advocates appearing on behalf of the respective parties do not invite further reasoned order as the matter is now remanded to the learned Single Judge to consider the aspect of interim relief on merits. Under the circumstances, we are not assigning further reasons while quashing and setting aside the impugned order refusing to grant interim relief and remanding the matter to the learned Single Judge. 5.
Under the circumstances, we are not assigning further reasons while quashing and setting aside the impugned order refusing to grant interim relief and remanding the matter to the learned Single Judge. 5. In view of the above and for the reasons stated above, more particularly in view of the broad consensus between the learned advocates appearing on behalf of the respective parties, recorded hereinabove, without expressing anything in favour of either of the parties, the impugned order passed by the learned Single Judge in so far as refusing to grant interim relief as prayed in the petition is hereby quashed and set aside and the matter is remitted/remanded to the learned Single Judge to consider the aspect of interim relief as prayed in the petition afresh in accordance with law and on merits. Present appeal is allowed to the aforesaid extent. In the facts and circumstances of the case, there shall be no order as to costs. In view of disposal of the main Letters Patent Appeal, Civil Application No. 8966 of 2017 stands disposed of. Now the matter be placed before the learned Single Judge for hearing of the interim relief on 19/2/2018.