Shah Alloys Ltd vs Gujarat Urja Vikas Nigam Ltd
2022 Latest Caselaw 10030 Guj

     C/LPA/1608/2005                              ORDER DATED: 13/12/2022




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/LETTERS PATENT APPEAL NO. 1608 of 2005
                                  In
             R/SPECIAL CIVIL APPLICATION NO. 7405 of 2005
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                         SHAH ALLOYS LTD.
                               Versus
               GUJARAT URJA VIKAS NIGAM LTD. & 1 other(s)
==========================================================
Appearance:
MR TUSHAR MEHTA(472) for the Appellant(s) No. 1
VIRAL K SHAH(5210) for the Appellant(s) No. 1
MS LILU K BHAYA(1705) for the Respondent(s) No. 2
RULE SERVED for the Respondent(s) No. 1
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 CORAM:HONOURABLE THE CHIEF JUSTICE MR. JUSTICE
       ARAVIND KUMAR
       and
       HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI

                            Date : 13/12/2022

                              ORAL ORDER

(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE ARAVIND KUMAR)

1. Present appeal is directed against order dated 25.10.2005

passed in Special Civil Application No.7405 of 2005.

2. This appeal came to be admitted vide order dated

25.11.2005 and it was observed by the Court that present

appeal is to be heard with First Appeal No.1610 of 2004.

3. When the matter was listed before the Court on 5.4.2022,

Coordinate Bench has opined as under:

"All the captioned matters were notified for hearing alongwith the First Appeal No.1610 of 2004. The First Appeal No.1610 of 2004 was taken up for hearing by a Co-ordinate Bench of this

C/LPA/1608/2005 ORDER DATED: 13/12/2022

Court [Coram: J.B. Pardiwala And Niral Mehta, JJ]. The First Appeal came to be disposed of vide judgment and order dated 11.03.2022. However, it appears that while taking up the First Appeal No.1610 of 2004 for hearing, the bench had made it clear that it would hear only the First Appeal and the other connected matters shall be heard by the appropriate Court at appropriate time.

In view of the aforesaid, all the captioned matters shall now be notified for hearing at the earliest before the appropriate Court."

4. In the light of the aforesaid observation(s) and having

regard to the fact that First Appeal No.1610 of 2004 having

already been disposed of by the Coordinate Bench, learned

counsels appearing for the parties in chorus would submit that

present appeal would not survive for consideration as the issue

raised in the present appeal is squarely covered by judgment

and decree passed in First Appeal No.1610 of 2004 dated

11.3.2022. Hence, placing his submission on record, present

appeal stands disposed of accordingly.

5. All pending Civil Application, if any, stands consigned to

records.

Sd/-

(ARAVIND KUMAR,CJ)

Sd/-

(ASHUTOSH J. SHASTRI, J) OMKAR