LPA/645/2008 3/ 3 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD LETTERS PATENT APPEAL No. 645 of 2008 In SPECIAL CIVIL APPLICATION No. 163 of 2008 With CIVIL APPLICATION No. 7422 of 2008 In LETTERS PATENT APPEAL No. 645 of 2008 To CIVIL APPLICATION No. 7423 of 2008 In LETTERS PATENT APPEAL No. 645 of 2008 ================================================= STATE TRADING CORPORATION OF INDIA LTD. - Appellant(s) Versus GARG CASTEELS (P) LTD OF BHAVNAGAR & 1 - Respondent(s) ================================================= Appearance : MRS MAUNA M BHATT for Appellant(s) : 1,MR MANISH R BHATT for Appellant(s) : 1, MR MEHUL S SHAH for Respondent(s) : 1, MR SURESH M SHAH for Respondent(s) : 1, None for Respondent(s) : 2, ================================================= CORAM : HONOURABLE THE ACTING CHIEF JUSTICE MR. M.S.SHAH and HONOURABLE MR.JUSTICE D.H.WAGHELA Date : 04/07/2008 ORAL ORDER
(Per
: HONOURABLE THE ACTING CHIEF JUSTICE MR. M.S.SHAH)
This
appeal under Clause 15 of the Letters Patent is directed against the
order dated 16th May, 2008 passed by the learned Single
Judge in so far as the learned Single Judge has passed interim order
directing the appellant ý State Trading Corporation of India to
return the entire amount of Rs.300 lakhs to the respondent No.2 ý
Punjab National Bank, which the appellant had obtained by invoking
the bank guarantees given by the respondent No.1 (original
petitioner) in favour of the appellant ý State Trading Corporation
of India in 2006. The learned Single Judge further directed the
respondent No.2 – Bank to keep the amount with itself and to see that
the amount earns interest at the maximum rate available to any
private depositor.
2. After
the matter being heard for some time, Shri S.M.Shah, learned counsel
for the respondent No.2 (original petitioner) has submitted that the
petition is already admitted and fixed for final hearing and the
original petitioner has no objection if the interim order dated 16th
May, 2008 passed by the learned Single Judge is set aside so that the
petition can be finally heard by the learned Single Judge without any
pendency of the present appeal against the interim order.
3. Shri
R.K.Anand, learned Senior Counsel with Shri M.R.Bhatt for the
appellant ý State Trading Corporation of India could have no
objection if this course of action is being adopted so long as the
interim order passed by the learned Single Judge on 16th
May, 2008 does not survive.
4. In
view of the above, we allow this appeal and set aside the interim
order dated 16th May, 2008 without disturbing the order of
the learned Single Judge issuing Rule on the petition.
5. Appeal
is accordingly allowed in the aforesaid terms.
6. It
is clarified that concession given by the learned Counsel for the
respondent No.1 ý original petitioner is without prejudice to the
rights and contentions of the original petitioner which may be raised
at the time of final hearing of the petition and at the final hearing
of the petition, the learned Single Judge will be at liberty to
decide the petition in accordance with law without being influenced
by this order.
7. Since
the Letters Patent Appeal is allowed, consequently, Civil
Applications for stay and production of additional evidence
respectively also stand disposed of.
(
M.S.SHAH, Actg.C. J. )
(D.H.WAGHELA,
J. )
kailash