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LPA/592/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 592 of 2011
In
SPECIAL CIVIL APPLICATION No. 236
of 2009
=================================================
M/S
AMBI PANJWANI & SONS - Appellant(s)
Versus
CHIEF
COMMERICAL MANAGER & 2 - Respondent(s)
=================================================
Appearance
:
MR
SP MAJMUDAR for Appellant(s) : 1,MR PP MAJMUDAR for Appellant(s) :
1,
None for Respondent(s) : 1 -
3.
=================================================
CORAM:
HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
HONOURABLE
MR.JUSTICE J.B.PARDIWALA
Date
: 05/04/2011
ORAL
ORDER
(Per
: HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA)
The
respondent-Western Railway granted licence for running a trolley in
favour of the appellant – M/s. Ambi Panjwani & Sons.
Subsequently, after notice, they cancelled the licence by order dated
2nd January 2009 on the ground of violation of clause 7 and 40 of the
agreement.
The
respondent-Western Railway alleged that by virtue of power of
attorney given by M/s. Ambi Panjwani, the trolley was handed over in
favour of one Mr. Dalsukhbhai Oza, who was running the trolley. It
was alleged that said Dalsukhbhai Oza was allowed to run the trolley
against terms and conditions as shown at clause 7 and 40 of the
agreement, and therefore, after notice and hearing given to the
appellant, the licence was terminated.
2. The
appellant challenged the same before the learned Single Judge, but
the learned Single Judge having dismissed the writ petition on 1st
May 2009, the present appeal has been preferred.
3. The
only plea taken by the appellant is that the appellant has not
sub-let or assigned the trolley to Mr. Dalsukhbhai Oza, but said
Dalsukhbhai was appointed as Manager, which was permissible under the
agreement.
4. From
the record, it will be evident that Dalsukhbhai Oza earlier filed an
affidavit on 5th May 2007. Therein he had categorically stated that
by virtue of a power of attorney given by M/s. Ambi Panjwani, he was
running the trolley. After show cause notice to the appellant, which
is three days prior to reply filed by the appellant, i.e. 16th June
2008, another affidavit was filed by said Mr. Dalsukhbhai Oza stating
that he was working as Manager of the appellant. The aforesaid fact
was noticed by the authorities as also by the learned Single Judge,
who refused to accept the stand taken by subsequent affidavit and
accepted the original statement made by Mr. Dalsukhbhai Oza on 5th
May 2007, when he has stated that he was running the trolley by
virtue of power of attorney given to him by the appellant. We find
no ground to differ with the concurrent finding of the authorities
and the learned Single Judge. It will be open to the authorities to
run the trolley, if in the interest of passengers and the appellant
apply and take part in fresh bid, they may consider the same. The
Appeal is dismissed. No costs.
(S.J.
MUKHOPADHAYA, C.J.)
(J.B.
PARDIWALA, J.)
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