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SCA/12511/2003 2/ 2 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 12511 of 2003
For
Approval and Signature:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI Sd/-
=========================================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
Yes
2
To be
referred to the Reporter or not ? No
3
Whether
their Lordships wish to see the fair copy of the judgment ?
No
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ? No
5
Whether
it is to be circulated to the civil judge ?
No
=========================================================
JAGDEEP
INDUSTRIES THROUGH PARTNER
Versus
G.I.D.C.
AND ANOTHER
=========================================================
Appearance
:
MR
YN RAVANI for
the Petitioner
MR MG NAGARKAR for the
Respondents
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 10/01/2011
ORAL
JUDGMENT
1. Heard
learned advocate Mr. Y.N. Ravani for the petitioner and learned
advocate Mr. M.G. Nagarkar for the respondents.
2. In
substance, the question which now survives after an order already
passed by this Court in Civil Application No.1491 of 2008 on
6.8.2008, whereby the petitioner was directed to pay an amount of
Rs.5,54,191/- under protest subject to final order that may be passed
in this petition, and the respondent-GIDC was directed to issue ‘No
Due Certificate’, is only about the rent, about which the claim of
the petitioner is that the petitioner is not liable to pay as the
petitioner was deprived of enjoyment of the plot for ‘no fault’ on
his part.
2.1. Learned
advocate Mr. Ravani for the petitioner relied upon a decision of the
Hon’ble the Apex Court in the matter of RAICHURMATHAM PRABHAKAR
AND ANOTHER Vs RAWATMAL DUGAR reported in (2004)4 Supreme
Court Cases 766.
3. Without
going into all these aspects as they involve disputed questions of
fact, the parties are relegated to the remedy of filing civil suit in
the matter and to raise all the contentions raised in this petition
or which may be related to the dispute involved in the matter. With
this observation, petition is disposed of. Rule is discharged with no
order as to costs. Interim relief, if any, stands vacated.
Sd/-
(RAVI
R.TRIPATHI, J.)
omkar
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