Research › Search › Judgment

Gujarat High Court · body

2020 DIGILAW 470 (GUJ)

Shri Krishna Keshav Laboratories Ltd v. State Of Gujarat

2020-03-20

A.J.SHASTRI, VIKRAM NATH

body2020
ORDER : VIKRAM NATH, J. 1. We have heard Shri Rasesh Parikh, learned counsel for the appellants. 2. Yesterday, these matters were adjourned to enable the learned counsel for the appellants to examine the question of maintainability of these appeals. In view of the settled law, as also the recent decision of the Supreme Court in the case of Life Insurance Corporation of India v. Sanjeev Builders Private Limited & Ors., reported in (2018) 11 SCC 722 , wherein the Supreme Court has reiterated the earlier view right from the year 1981 with regard to the maintainability of the Letters Patent Appeal against the interlocutory orders, not deciding any issue, nor touching any finality to issue or determining any rights of the parties. The learned counsel for the appellants has sought to argue that by the impugned order dated 09.03.2020, passed in Misc. Civil Application (For Direction), the learned Single Judge has determined the rights of the present appellants against them by not deleting the conditions granted in the interim order dated 27.12.2019, as modified by order dated 27.01.2020, requiring the appellants (writ petitioners) to deposit Rs.15,00,000/(Rupees Fifteen Lakhs only) per month for a period of six months, while granting the interim order. The writ petitioners thereafter, by means of application referred to above, prayed before the learned Single Judge for deletion of the said condition. The learned Single Judge for the reasons recorded in the order dated 09.03.2020, rejected the said application. 3. In our considered opinion, no rights of the parties muchless that of the appellants have been determined; firstly, it was an interim order and the condition imposed thereon was sought to be modified/deleted. The main matter i.e. Special Civil Application is still pending before the learned Single Judge for adjudication. The learned Single Judge has further granted liberty to the appellants to approach the learned Single Judge in case of any further difficulty in the first week of April, 2020. For the reasons recorded above, we are of the view that the present appeals are not maintainable and, are, accordingly dismissed. 4. Consequently, the connected civil applications also stand disposed of.