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CA/13043/2009 1/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION No. 13043 of 2009
In
FIRST
APPEAL No. 5536 of 2008
=====================================================
WEST
INN LIMITED - Petitioner(s)
Versus
ENFORCEMENT
DIRECTORATE MINISTRY OF FINANCE & COMPANY - Respondent(s)
=====================================================
Appearance :
Mr.Soparkar,learned
senior advocate with MR AMAR N BHATT for
Petitioner(s) : 1,
MR HRIDAY BUCH for Respondent(s) :
1,
=====================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
and
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 23/07/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE JAYANT PATEL)
1. The
present application is for interim injunction, against the operation
and implementation of the order passed by the Appellate Tribunal,
pending the First Appeal.
2. Heard
Mr.Soparkar,learned senior advocate with Mr.Bhatt for the applicant
and Mr.Hriday Buch for the respondent.
3. We
would have recorded reasons, however, the learned counsel appearing
for both the sides have not invited the reasons. Therefore, we find
it proper not to record the reasons.
4. Suffice
it to say that there is a question of jurisdiction of the Appellate
Tribunal, which goes to the root of the matter and if the contention
of the applicant-appellant is accepted, the whole order would be
vitiated.
5. Hence
considering the facts and circumstances, the operation and
implementation of the order passed by the Appellate Tribunal dated
27-6-2008, which is impugned in the First Appeal, shall remain
stayed.
6. The
application is disposed of accordingly.
(Jayant Patel,J)
(Smt.Abhilasha Kumari,J)
arg
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