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CRA/139/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
REVISION APPLICATION No. 139 of 2010
=========================================
DAMAN
GANGA BOARD MILLS PRIVATE LIMITED & 1 - Applicant(s)
Versus
INDO
PACIFIC SOFTWARE AND ENTERTAINMENT LIMITED - Opponent(s)
=========================================
Appearance :
MR
DC DAVE for
Applicant(s) : 1 - 2.
None for Opponent(s) :
1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 14/09/2010
ORAL
ORDER
Heard
Mr.D.C.Dave, learned Advocate for the applicant. It is submitted by
Mr.D.C.Dave, learned Advocate that decree passed by the Civil Judge
is itself nullity and hence, learned Executing Court is required to
decide this issue on its own merits. It is further submitted that
learned Trial Court has committed error in rejecting the objection
application on the ground that this issue is decided by the Civil
Court in Suit, hence, the Court has no jurisdiction to decide same
issue as Executing Court is not sitting as Appellate Court against
the judgment and order passed by the learned Trial Court. Learned
Advocate has drawn attention of this Court to the decision of the
Apex Court in the case of Karan
Singh v/s. Shaman Paswan
reported in AIR 1954
SC 340 and in the
case of Sunder
Dass v/s. Ram Parkash
reported in AIR
1977 SC 1201.
In
view of above, Notice and Notice
as to interim relief returnable on 05.10.2010. Meanwhile, interim
relief in terms of para 9(B) on condition that the applicant shall
deposit principle amount claimed in the Suit with the Registry of
this Court within a period of 2(two) weeks from today . If the
aforesaid amount is not deposited within 2(two) weeks from today,
then interim relief granted by this Court shall stand vacated.
[M.D.Shah,
J.]
satish
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