Gujarat High Court
Bharat Petroleum Corporation ... vs State Of Gujarat Through Dgp on 10 November, 2021
Bench: Sandeep N. Bhatt
C/FA/2015/2021 IA ORDER DATED: 10/11/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL APPLICATION (FOR EXTENSION OF TIME) NO. 3 of 2021
In R/FIRST APPEAL NO. 2015 of 2021
With
CIVIL APPLICATION (FOR EXTENSION OF TIME) NO. 3 of 2021
In R/FIRST APPEAL NO. 2016 of 2021
With
CIVIL APPLICATION (FOR EXTENSION OF TIME) NO. 3 of 2021
In R/FIRST APPEAL NO. 2017 of 2021
With
CIVIL APPLICATION (FOR EXTENSION OF TIME) NO. 3 of 2021
In R/FIRST APPEAL NO. 2018 of 2021
With
CIVIL APPLICATION (FOR EXTENSION OF TIME) NO. 3 of 2021
In R/FIRST APPEAL NO. 2019 of 2021
With
CIVIL APPLICATION (FOR EXTENSION OF TIME) NO. 3 of 2021
In R/FIRST APPEAL NO. 2020 of 2021
With
CIVIL APPLICATION (FOR EXTENSION OF TIME) NO. 3 of 2021
In R/FIRST APPEAL NO. 2021 of 2021
With
CIVIL APPLICATION (FOR EXTENSION OF TIME) NO. 3 of 2021
In R/FIRST APPEAL NO. 2022 of 2021
With
CIVIL APPLICATION (FOR EXTENSION OF TIME) NO. 3 of 2021
In R/FIRST APPEAL NO. 2023 of 2021
With
CIVIL APPLICATION (FOR EXTENSION OF TIME) NO. 3 of 2021
In R/FIRST APPEAL NO. 2024 of 2021
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CIVIL APPLICATION (FOR EXTENSION OF TIME) NO. 3 of 2021
In R/FIRST APPEAL NO. 2025 of 2021
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CIVIL APPLICATION (FOR EXTENSION OF TIME) NO. 3 of 2021
In R/FIRST APPEAL NO. 2027 of 2021
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CIVIL APPLICATION (FOR EXTENSION OF TIME) NO. 3 of 2021
In R/FIRST APPEAL NO. 2033 of 2021
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CIVIL APPLICATION (FOR EXTENSION OF TIME) NO. 3 of 2021
In R/FIRST APPEAL NO. 2035 of 2021
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CIVIL APPLICATION (FOR EXTENSION OF TIME) NO. 3 of 2021
In R/FIRST APPEAL NO. 2037 of 2021
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CIVIL APPLICATION (FOR EXTENSION OF TIME) NO. 3 of 2021
In R/FIRST APPEAL NO. 2039 of 2021
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C/FA/2015/2021 IA ORDER DATED: 10/11/2021
CIVIL APPLICATION (FOR EXTENSION OF TIME) NO. 3 of 2021
In R/FIRST APPEAL NO. 2041 of 2021
With
CIVIL APPLICATION (FOR EXTENSION OF TIME) NO. 3 of 2021
In R/FIRST APPEAL NO. 2042 of 2021
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BHARAT PETROLEUM CORPORATION LIMITED THROUGH TERRITORY
MANAGER
Versus
STATE OF GUJARAT THROUGH DGP
==========================================================
Appearance:
MR MITUL K SHELAT for the PETITIONER(s) No.
MR AYAAN PATEL, AGP for the RESPONDENT STATE
MR AJ YAGNIK for the RESPONDENT(s) No.
==========================================================
CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 10/11/2021
IA ORDER
1. These are the applications for further extension
of time to deposit the awarded amount before the
concerned Reference Court.
2. Heard learned advocate for the applicant /
appellant - judgment debtor and the learned AGP for
the State.
3. Rule. Learned AGP waives service of notice of
rule on behalf of the opponent State.
4. While admitting the appeal vide order dated
23.08.2021, the Co-ordinate Bench of this Court has
passed the following order on Civil Applications for
stay.
"1. Heard learned Advocate Mr. Mitul Shelat
for the applicants in each of the Civil
Applications.
2. The Civil Applications are filed in the
respective First Appeals wherein the prayer
C/FA/2015/2021 IA ORDER DATED: 10/11/2021
is to grant stay of the impugned judgment
and award which are subject matter of
challenge in the respective Appeals. The
Appeals are admitted by separate order of
even date.
3. RULE returnable on OCTOBER 18, 2021.
Learned Assistant Government Pleader Mr.
Trupesh Kathiriya waives service of Rule on
behalf of the respondent No.1 - State.
4. There shall be stay on the operation,
implementation and execution of the common
judgment and award dated 05.06.2020 passed
by the learned 3rd Additional Senior Civil
Judge, Jamnagar in Land Reference Cases
which are correspondingly under challenge in
the respective First Appeals, on condition
that the appellant Corporation deposits the
awarded amount together with the other
benefits as directed in each of the cases
with the Reference Court concerned on or
before the returnable date."
5. Thereafter, the applicant - appellant has
requested for extension of time to deposit the
awarded amount. The said request was granted by this
Court vide order dated 18.10.2021 and passed the
following order.
"We have heard Mr.Mitul Shelat, learned
counsel for the applicant.
Considering the averments made in the
application, we grant extension for a period
of two weeks for deposit of the amount of
award to the applicants.
The above Civil Applications seeking
extension of time are hereby disposed of.
Let the main appeals along with
connected Civil Applications be listed along
with First Appeal No.3685 of 2019 and allied
matters on 29.11.2021."
6. Learned advocate for the applicant - appellant
C/FA/2015/2021 IA ORDER DATED: 10/11/2021
has submitted that delay to deposit the awarded
amount has occurred on account of administrative
approval process. On instructions, he has submitted
that the applicant shall deposit the awarded amount
before the Reference Court concerned by one week i.e.
15.11.2021 and no further extension will be asked
for.
7. In view of above, these applications are
allowed. Further time to deposit the awarded amount
is granted to the applicant and the applicant shall
deposit the awarded amount before the Reference Court
concerned on or before 17.11.2021.
Rule is made absolute accordingly.
(SANDEEP N. BHATT,J)
MOHMMEDSHAHID
