Gujarat High Court Case Information System
Print
MCA/2461/2009 1/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION - FOR REVIEW No. 2461 of 2009
In
LETTERS
PATENT APPEAL No. 995 of 2009
In
SPECIAL
CIVIL APPLICATION No. 11508 of 2008
=================================================
BALUMAL
G TEKWANI - Applicant(s)
Versus
KANDLA
PORT TRUST & 3 - Opponent(s)
=================================================
Appearance :
MR
BHUSHAN B OZA for Applicant(s) : 1,
MR DHAVAL D VYAS for
Opponent(s) : 1 - 3.
None for Opponent(s) :
4,
=================================================
CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
and
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 08/02/2010
ORAL ORDER
(Per
: HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA)
Admittedly,
appellant Kandla Port Trust was not a party to the registered
deed dated 18.12.1990 whereby the original lessee executed another
lease in favour of the third party – petitioner. For entering such
transaction between the lessee and the third party, permission of the
Kandla Port Trust was not obtained. Only an application was filed
and during pendency of the same, the lease was executed by the
original lessee in favour of a third party without permission of the
original lessor and for the said reason, the Division Bench held that
the learned Single Judge ought not have granted relief in the writ
petition. If the third party had any grievance against the lessor,
he has to approach the civil forum and not the writ Court.
In
absence of any error of record, we are not inclined to entertain the
application for review of the judgment of the Division Bench. No
merit. The review application is accordingly dismissed.
[S.J.
MUKHOPADHAYA, CJ.]
[ANANT
S. DAVE, J.]
sundar/-
Top