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FA/1725/1995 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST
APPEAL No. 1725 of 1995
=========================================================
A'BAD
MUNICIPAL CORPORATION - Appellant(s)
Versus
AMBICA
SCALE MFG.WORKS - Defendant(s)
=========================================================
Appearance
:
MR
BHASKAR P. TANNA, SR. ADVOCATE, ASSISTED BY MR.BHAVDUTT H. BHATT,
ADVOCATE ON BEHALF OF TANNA ASSOCIATES for
Appellant.
None for Respondent.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE C.K.BUCH
and
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 23/09/2008
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE C.K.BUCH)
Heard
Shri Bhaskar P. Tanna, learned Senior Counsel, assisted by Shri
Bhavdutt H. Bhatt on behalf of Tanna Associates for appellant.
Shri
Bhaskar Tanna has tendered a copy of the common judgment dated 07th
December 2000 delivered by this Court (Coram : Y.B. Bhatt and M.C.
Patel, JJ) in First Appeal No.1721 of 1995 with Civil Application
No.2491 of 1999 and First Appeal No.3112 of 1999. Shri Tanna has
drawn our attention to the names of the parties of First Appeal
No.1721 of 1995 and the present appeal.
After
going through the said judgment, it is clear that the present First
Appeal can be said to be covered under the said judgment dated 07th
December 2000 passed by this Court. A copy of the said common
judgment is taken on record.
It
is not necessary for us to enter into the exercise again. We can
adopt the reasons assigned by the Division Bench while dealing with
the issue raised by the appellant-Ahmedabad Municipal Corporation.
In the present case, the G.R.V. assessed/ determined by the learned
Judge, Small Causes Court, in M.V. Appeal No.3914 of 1998 has been
challenged, whereby the learned Judge has decided to quash and set
aside the G.R.V. fixed by the Corporation.
So,
for the reasons assigned by the Division Bench in the above cited
common judgment, we hereby allow this appeal. The judgment and order
under challenge in the present appeal is hereby quashed and set
aside. The matter is remanded to the Court of Small Causes at
Ahmedabad for the purpose of deciding the matter afresh on merit and
in light of the principle laid down by the Division Bench of this
Court in the above cited decision. The concerned learned Judge
obviously shall have to issue formal notice to the parties concerned
and shall decide the matter afresh in accordance with law.
(C.K.
Buch, J)
(H.B.
Antani, J)
Aakar
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