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LPA/168420/2006 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 1684 of 2006
In
SPECIAL CIVIL APPLICATION No. 21118 of 2006
With
CIVIL
APPLICATION No. 15206 of 2006
In
LETTERS PATENT APPEAL No. 1684 of 2006
And
CIVIL
APPLICATION No. 6498 of 2007
In
LETTERS PATENT APPEAL No. 1684 of 2006
=========================================================
SHRUSHTI
ORGANIZERS PVT. LTD. - Appellant(s)
Versus
STATE
OF GUJARAT & 13 - Respondent(s)
=========================================================
Appearance
:
MR
HARSHADRAY A DAVE for
Appellant(s) : 1, MS MINI NAIR,
AGP for Respondent(s) : 1,
MS PJ DAVAWALA for Respondent(s) :
1,
MR SANJAY A MEHTA for Respondent(s) : 2 - 5.
Respondent(s) :
6 - 10, 14 SERVED ,
MR MP SHAH for Respondent(s) : 11,
MS KRUTI
M SHAH for Respondent(s) : 11,
MR MP PRAJAPATI for Respondent(s) :
12,
MR MAHENDRA K PATEL for Respondent(s) :
13,
=========================================================
CORAM
:
HONOURABLE
MS. JUSTICE R.M.DOSHIT
and
HONOURABLE
MR.JUSTICE SHARAD D.DAVE
Date
: 20/08/2008
ORAL
ORDER
(Per
: HONOURABLE MS. JUSTICE R.M.DOSHIT)
Learned
advocate Mr.Dave appearing for the appellant has filed sick note.
This
Appeal had come up for hearing before us on 7th August,
2008. Learned advocate Mr.D.P.Kinariwala had appeared before us. He
had submitted that he was instructed by the appellant to appear for
the appellant. At the request of Mr.Kinariwala the matter was allowed
to stand over to 20th August, 2008 i.e. today, with clear
instruction that …there shall not be further adjournment.
Nevertheless, today Mr.Kinariwala is not present even on the second
call. We have heard Mr.M.P.Prajapati, the learned advocate who is
present before us.
This
Appeal preferred under clause 15 of the Letters Patent arises from
the judgment and order dated 6th December, 2006 passed by
the learned Single Judge in above Special Civil Application
No.21118/2006. The matter at dispute is certain immovable property of
the respondent Kantilal Manilal Hospital Trust, a public
charitable trust registered as such, situated at Shahibaug,
Ahmedabad. In the month of June, 2005, the aforesaid Trust had
applied to the Charity Commissioner for permission to sell the
disputed property. Such permission was granted. The appellant
Shrushti Organisers Private Limited was the successful bidder, which
had offered Rs.4,85,00,000=00. By order dated 18th
January, 2006 made by the Joint Charity Commissioner, the said offer
was accepted, the aforesaid Trust was permitted to sell the disputed
property to the appellant. The said order dated 18th
January, 2006 was challenged by one Jagdishbhai Prabudas Patel before
the Gujarat Revenue Tribunal in Appeal No.TEN/AA/1/2006. The
Tribunal, by its judgment and order dated 25th September,
2006, held that the acceptance of the offer made by the appellant was
vitiated by fraud. The public notice of auction was deceptive;
thereby the bonafide bidders had been deprived of their right to make
offer. In view of the said finding, the Tribunal set-aside the order
dated 18th January, 2006 made by the Joint Charity
Commissioner. In other words, acceptance of offer made by the
appellant Shrushti Organisers Private Limited was held to be bad
and illegal.
Feeling
aggrieved, the appellant preferred above Special Civil Application
No.21118/2006 before this Court. The finding of the Tribunal that the
acceptance of the offer of the appellant by the Joint Charity
Commissioner was vitiated by fraud has been confirmed by the learned
Single Judge. The learned Single Judge has, by impugned judgment and
order dated 6th December, 2006, upheld the judgment of the
Tribunal and dismissed the writ petition. Therefore, the present
Appeal.
We
have perused the record. We are in agreement with the learned Single
Judge. We see no substance in this Appeal. Appeal is dismissed in
limine. Civil Applications stand disposed of. Interim relief stands
vacated.
(Sharad
D.Dave, J.) (Ms.R.M.Doshit, J.)
/moin
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