Gujarat High Court High Court

Choksi vs Appellate on 24 September, 2010

Gujarat High Court
Choksi vs Appellate on 24 September, 2010
Author: Mr.S.J.Mukhopadhaya,&Nbsp;Honourable Mr.Justice Dave,&Nbsp;
   Gujarat High Court Case Information System 

  
  
    

 
 
    	      
         
	    
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LPA/2215/2010	 2/ 2	ORDER 
 
 

	

 

IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
 

 


 

LETTERS
PATENT APPEAL No. 2215 of 2010
 

In


 

MISC.CIVIL
APPLICATION No. 2364 of 2010
 

In
SPECIAL CIVIL APPLICATION No. 9947 of 2010
 

With


 

CIVIL
APPLICATION No. 11349 of 2010
 

In
LETTERS PATENT APPEAL No. 2215 of 2010
 

 
=================================================


 

CHOKSI
TUBE COMPANY LTD - Appellant(s)
 

Versus
 

APPELLATE
AUTHORITY FOR INDUSTRIAL & FINANCIAL RECONSRUCTION & 2 -
Respondent(s)
 

=================================================
 
Appearance : 
MR
MR BHATT, SR. ADVOCATE with MRS MAUNA M BHATT for Appellant(s) :
1, 
None for Respondent(s) : 1 -
3. 
=================================================


 
	  
	 
	  
		 
			 

CORAM
			: 
			
		
		 
			 

HONOURABLE
			THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
		
	
	 
		 
			 

 

			
		
		 
			 

and
		
	
	 
		 
			 

 

			
		
		 
			 

HONOURABLE
			MR.JUSTICE ANANT S. DAVE
		
	

 

 
 


 

Date
: 24/09/2010  
ORAL ORDER

(Per
: HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA)

The
appellant preferred the writ petition in Special Civil Application
No.9947 of 2010 which was dismissed on 26.8.2010 for non-prosecution.
In the petition for restoration Misc. Civil Application No. 2364
of 2010, Rule having issued returnable on 25.10.2010, the present
appeal under Clause 15 of the Letters Patent Appeal has been filed.

We
have heard the learned counsel for the appellant and perused the
record. This is a gross case of misuse of the jurisdiction of the
Court for which the Court is not only inclined to dismiss the case,
but also inclined to impose costs. We accordingly impose costs of
Rs.10,000/- (Rupees ten thousand only) on the petitioner
appellant which will pay the same by 24th October, 2010 in
favour of the Gujarat State Legal Services Authority, High Court
Campus, Ahmedabad and report to the Court in Misc. Civil Application
No. 2364 of 2010.

Let
a copy of this order be kept in the record of Misc. Civil Application
No. 2364 of 2010.

In
view of the above order, no further order is required to be passed in
this Appeal. The Civil Application also accordingly stands disposed
of.

[S.J.

MUKHOPADHAYA, CJ.]

[ANANT
S. DAVE, J.]

Sundar/*

   

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