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SCA/6136/2010 1/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 6136 of 2010
=========================================
TAURENT
RENEWABLE ENERGY(P) LTD
Versus
KALPATARU
ALLOYS (P) LTD
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Appearance :
MS
DHARMISHTA RAVAL with MS SNEHA A JOSHI
for the
Petitioner
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CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 13/05/2010
ORAL
ORDER
Heard learned
Advocate Ms.Raval with learned Advocate Ms.Shena Joshi for the
petitioner.
2. Learned
Advocate for the petitioner invited attention of the Court to various
Clauses of the MOU and an order passed by the Court below on
Misc.Civil Application No.36 of 2010 filed on 13.04.2010, of notice
returnable on 15.04.2010. In response to the notice, the respondent
herein appeared before the Court below and filed reply, wherein in
para-10(Z), page No.141 of this petition, it is specifically stated
that:-
(Z) …….
We never stopped them from entering into the plant but they
themselves stopped going into the plaint as they were failed to
produced the power. Even though we are ready to buy the powers from
the applicant if he is ready to supply the same as demanded by us as
I have repetitively saying in my reply
3. Learned
Advocate for the petitioner emphatically submitted that it is the
respondent herein who stopped the petitioner from going inside the
plant and securing safety of the goods belonging to the present
petitioner.
4. That being
so, let the petitioner make an application to the Court below for
appointment of Court Commissioner, who shall accompany the petitioner
/authorized person by the petitioner, to enter the premises. That
will make the things clear as to whether the respondents are stopping
the petitioner from entering the premises or not.
4.1 As and when
such application is made, the Court below is expected to pass an
urgent appropriate order in accordance with law.
5. In addition
to this, it will be open for the petitioner to file an appropriate
application seeking necessary directions from the Court below with
regard to safety of the goods belonging to the petitioner, kept in
the premises of the respondents.
6. In the
meantime, NOTICE returnable on 15.06.2010.
Liberty to
apply in case of difficulty.
Direct
service is permitted.
(Ravi
R.Tripathi, J.)
*Shitole
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