Good Life Industries vs J R J Foods Pvt Ltd
2021 Latest Caselaw 1541 Guj

          C/AO/10/2021                                          ORDER




     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/APPEAL FROM ORDER NO. 10 of 2021
                            With
         CIVIL APPLICATION (FOR STAY) NO. 1 of 2021
           In R/APPEAL FROM ORDER NO. 10 of 2021

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                  GOOD LIFE INDUSTRIES
                            Versus
                    J R J FOODS PVT LTD
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Appearance:
MR AKSHAY A VAKIL(5473) for the Appellant(s) No. 1
MR ZK SHAIKH(5804) for the Respondent(s) No. 1
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CORAM: HONOURABLE DR. JUSTICE ASHOKKUMAR C. JOSHI

                          Date : 02/02/2021

                               ORAL ORDER

Heard, learned advocates Mr. Shailen Bhatia and Ms. Geeta Rijwani for learned advocate Mr. A. A. Vakil for the appellant and learned advocate Ms. Pooja Acharya for learned advocate Mr. Z. K. Shaikh for the respondent.

Ms. Acharya for the respondent has raised a contention that the trial Court concerned is seized with an application under O.39 R.2(a) of the Civil Procedure Code, 1908 (CPC) regarding contempt proceedings and therefore, she requests that hearing of this appeal may be stayed till the contempt application is heard.

Per contra, learned advocate for the appellant has heavily opposed the aforesaid contention of the respondent and submitted that the appeal is a statutory right of the appellant.

C/AO/10/2021 ORDER

He submitted that even if the contempt petition is succeeded, then also, the learned Magistrate is empowered to proceed with the matter accordingly and therefore, this hearing of this appeal is not required to be stayed and it is urged that the appeal may be heard.

In aforesaid view of the matter, the learned advocates for the parties are permitted to submit the relevant citations/ judgments/ authorities before the registry to which, the registry shall accept and place on record.

Stand over to 24th February 2021.

[ A. C. Joshi, J. ] hiren