Gujarat High Court Case Information System
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CA/4767/2008 2/ 2 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR DIRECTION No. 4767 of 2008
In
SPECIAL
CIVIL APPLICATION No. 1637 of 2004
For
Approval and Signature:
HONOURABLE
MR.JUSTICE M.R. SHAH
=========================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To
be referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
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 ?
5
Whether
it is to be circulated to the civil judge ?
=========================================
HINDUSTAN
PETROLEUM CORP.LTD. - Applicant(s)
Versus
STATE
OF GUJARAT & 6 - Opponent(s)
=========================================
Appearance :
MR
GN SHAH for
Applicant(s) : 1,
MS MINOO A SHAH for Applicant(s) : 1,
MS
TRUSHA PATEL, AGP for Opponent(s) : 1,
NOTICE SERVED for
Opponent(s) : 1 - 5.
RULE SERVED BY DS for Opponent(s) : 1 - 3, 5,
7,
MR HS MUNSHAW for Opponent(s) : 3,
UNSERVED-REFUSED (R) for
Opponent(s) : 4,
MR DHIRENDRA MEHTA for Opponent(s) : 4 - 5.
MR
DHAVAL D VYAS for Opponent(s) : 6,
NOTICE NOT RECD BACK for
Opponent(s) : 7,
DELETED for Opponent(s) :
7,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 08/07/2010
ORAL
JUDGMENT
1. By
way of this application the applicant-original petitioner has prayed
for the following relief:
a) that
pending the hearing and final disposal of Special Civil Application
No. 1637/2004, respondent no. 1 and respondent no. 3 be directed to
return the retail selling licence duly renewed by the District Supply
Officer in order to enable the applicant to resume their business of
retail outlet, Valwada for supply of essential product of petroleum
diesel to public at large.
2. It
appears that the interim relief, which is sought for in the present
application, is to direct the concerned opponents to return the
retail selling licence, which has been taken back by the concerned
opponents. The aforesaid can be said to be a fresh independent cause
of action for which the applicant-original petitioner can initiate
appropriate independent proceedings. However, such a relief, in the
present application by way of interim relief, cannot be granted.
Hence, the present application is dismissed without further entering
into the merits of the case. As and when such proceedings are
initiated the same shall be considered in accordance with law on its
own merits.
3. With
this, the present application is disposed of. Rule is discharged.
(M.R.
SHAH, J.)
siji
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