Chandreshekhar Jayendrarai … vs Ipcl Limited on 6 April, 2005

Gujarat High Court
Chandreshekhar Jayendrarai … vs Ipcl Limited on 6 April, 2005
Author: R Garg
Bench: R Garg, R R Tripathi


JUDGMENT

R.S. Garg, J.

1. At the very outset, the learned counsel for the respondent submits that the respondent-Indian Petrochemicals Corporation Ltd. has been taken over by M/s. Reliance Petro Investments Ltd., and as such the respondent is non-existent and the establishment which has taken over the respondent is not a State within the meaning of Article 12 of the Constitution.

2. Learned counsel for the petitioner-appellant wanted to contest the issue submitting that the Special Civil Application was filed in the year 1982 and if during pendency of this writ application, because of the disinvestment or because of taking over of the Central Government’s Corporation, the Corporation has become non-existent, their rights would not suffer a dent.

3. In the opinion of this Court, the question would have been different if writ had already been issued in favour of the appellants and Indian Petrochemicals Corporation Ltd. had been appellant before us, at that point of time, this argument could assume some importance.

4. As the respondent is not in existence and the authority/establishment, which has taken over it, is not falling within the mischief of Article 12 of the Constitution, we must observe that the appeal has become infructuous. It is accordingly dismissed. We, however, make it clear that if law provides any other forum to the petitioners for redressal of their grievance, then they would be free to approach such forum in accordance with law. As the Letters Patent Appeal is dismissed, Civil Application No. 3069 of 1994 is also dismissed.

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