Talha Sareshwala S/O Yunus ... vs Parsoli Motors Works Pvt. Ltd.
2021 Latest Caselaw 5707 Guj

       C/LPA/822/2020                             ORDER DATED: 09/06/2021




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                R/LETTERS PATENT APPEAL NO. 822 of 2020
            In R/SPECIAL CIVIL APPLICATION NO. 11985 of 2020
                                  With
               CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
               In R/LETTERS PATENT APPEAL NO. 822 of 2020
                                  With
            CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2021
               In R/LETTERS PATENT APPEAL NO. 822 of 2020
==========================================================
               TALHA SARESHWALA S/O YUNUS SARESHWALA
                               Versus
                   PARSOLI MOTORS WORKS PVT. LTD.
==========================================================
Appearance:
MR SHALIN MEHTA, SR COUNSEL with MR ARJUN R SHETH(7589) for the
Appellant(s) No. 1
MOIZ K RAFIQUE(8043) for the Respondent(s) No. 3
MR MASOOM K SHAH(6516) for the Respondent(s) No. 1
NEHA M SHAH(9218) for the Respondent(s) No. 1
NOTICE SERVED BY DS(5) for the Respondent(s) No. 2,4
==========================================================

     CORAM:HONOURABLE THE CHIEF JUSTICE MR. JUSTICE VIKRAM
           NATH
           and
           HONOURABLE MR. JUSTICE BIREN VAISHNAV

                             Date : 09/06/2021

                               ORAL ORDER

(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE VIKRAM NATH)

1. Mr. Shalin Mehta, learned Senior Counsel assisted by Mr. Arjun R. Sheth, learned advocate for the appellant, upon instructions, states that the present Letters Patent Appeal as also the Special Civil Application No.11985 of 2020 may permitted to be withdrawn leaving it open to the appellant to pursue their statutory appeal already filed and pending before NCLAT on its own merits. Mr. Mehta further submits that all issues raised in the appeal before the NCLAT may be heard and decided by the NCLAT on its own merits.

C/LPA/822/2020 ORDER DATED: 09/06/2021

2. Mr. Divakar Maheshwari, learned counsel appearing with Mr. Moiz Rafique, learned advocate for the respondent Nos.2 and 3 states that the ground taken in the present appeal before us have been taken in the statutory appeal before the NCLAT which would be dealt with by the NCLAT in accordance with law. It is also submitted that the Special Civil Application having been decided by the learned Single Judge on merits as such now cannot be permitted to be withdrawn.

3. In that view of the matter, we dispose of the present Letters Patent Appeal in view of the statement made as being dismissed as not pressed and in so far as judgment of the learned Single Judge in the Special Civil Application No.11985 of 2020 is concerned, we only observe that observations made or findings recorded therein would not influence the NCLAT while deciding the appeal.

4. In view of disposal of the main matter, connected Civil Applications will no longer survive and the same stand disposed of accordingly.

(VIKRAM NATH, CJ)

(BIREN VAISHNAV, J) VATSAL S. KOTECHA