Citation : 2025 Latest Caselaw 1543 Guj
Judgement Date : 31 July, 2025
NEUTRAL CITATION
C/LPA/1408/2024 ORDER DATED: 31/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 1408 of 2024
In R/SPECIAL CIVIL APPLICATION NO. 24424 of 2022
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2024
In R/LETTERS PATENT APPEAL NO. 1408 of 2024
=============================================
NATIONAL MAJDOOR PANCHAYAT
Versus
P. T. STEEL INDUSTRIES THROUGH ITS PARTNER DHARMESHBHAI
CHANDRAKANTBHAI MAWANI & ORS.
=============================================
Appearance:
MR SHALIN MEHTA, SENIOR ADVOCATE with
MR P C CHAUDHARI(5770) for the Appellant(s) No. 1
MR D.C. DAVE, SENIOR ADVOCATE with
MR D.M. DEVNANI, ADVOCATE for
NANAVATI ASSOCIATES(1375) for the Respondent(s) No. 1
=============================================
CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
and
HONOURABLE MR.JUSTICE R. T. VACHHANI
Date : 31/07/2025
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)
1. Learned senior advocates appearing for the respective parties are ad idem and have submitted that the order passed by the learned Single Judge may be set aside, reserving liberty in favour of either of the parties to raise all available contentions before the learned Single Judge.
2. We have noticed that the writ petition being Special Civil Application No.24424 of 2022 is still pending before the learned Single Judge. The learned Single Judge, while passing the order dated 29.08.2024, at the admission stage, directed the competent authority to decide the application seeking permission for closure of the unit within a period of two weeks. In our considered opinion, such directions were uncalled for, as
NEUTRAL CITATION
C/LPA/1408/2024 ORDER DATED: 31/07/2025
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they could result in multiplicity of proceedings and would give rise to further causes of action.
3. Under the circumstances and in view of the aforesaid submissions, the order passed by the learned Single Judge is hereby quashed and set aside. The amount of Rs.10,00,000/-, which has been deposited and is lying with the Registry of this Court, shall remain as it is.
4. Learned senior advocates for the respective parties are ad idem that they will make an appropriate request before the learned Single Judge in this regard.
5. Accordingly, the present Letters Patent Appeal is allowed. The impugned judgment and order passed by the learned Single Judge is quashed and set aside. It is clarified that this Court has not examined the matter on merits and all contentions available to the respective parties are kept open.
6. It goes without saying that the parties shall maintain status quo till the matter is listed before the learned Single Judge. The interim directions issued by the learned Single Judge regarding the decision on the application may also be examined at the final hearing of the writ petition.
7. As a sequel, the connected Civil Application does not survive and stands disposed of accordingly.
Sd/-
(A. S. SUPEHIA, J)
Sd/-
(R. T. VACHHANI, J) MAHESH/01
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