Timblo Minerals Pvt. Ltd. And Anr. vs Hardesh Ores Private Limited And ...
2005 Latest Caselaw 138 Bom

JUDGMENT

Lavande A.P., J.

1. Rule. The learned Counsel appearing for the respondents waive notice. By consent of the learned Counsel appearing for the parties, taken up for final disposal, forthwith.

2. By consent of the learned Counsel appearing for the parties, the following order is passed :

In view of the judgment of the Apex Court in the case of Bipin Shantilal Panchal v. State of Gujarat and Anr., 2001(3) S.C.C. 1, the observations of the trial Judge in paragraph 6 of the impugned order are expunged and set aside, being premature. However, all points and expunged and set aside, being premature. However, all points and questions pertaining to the admissibility of evidence are kept open.

2. This order is passed without prejudice to any of the rights of any of the parties either to lead evidence or cross examine, as the case may be and/or to canvass further arguments.

3. The learned Judge shall, after full trial, at the time of final hearing, consider the evidence as well as all objections of the plaintiff and defendant No. 3, in accordance with law, untrammeled by any finding or reasoning given in the impugned order.

4. Petitions disposed of and Rule made absolute in the aforesaid terms.