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SCA/1103920/2004 2/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 11039 of 2004
=========================================================
DERRIS
HOLDINGS SA PANAMA - Petitioner(s)
Versus
L
D T - L L C NEW NAME LEELA SHIPPING LCC & 4 - Respondent(s)
=========================================================
Appearance
:
MR
KV SHELAT for
Petitioner(s) : 1,
None for Respondent(s) : 1 - 3, 5,
MS MALTI
BHARAT RAO for Respondent(s) :
4,
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CORAM
:
HONOURABLE
MR.JUSTICE C.K.BUCH
Date
: 19/03/2009
ORAL
ORDER
Heard
Shri K.V. Shelat, learned counsel appearing for the petitioner.
According
to Shri K.V. Shelat, the present petition can be disposed of by
directing the the learned trial Judge to hear and decide the suit as
expeditiously as possible, preferably within a period of one year.
According
to Shri Shelat, the petitioner was compelled to approach this Court
by way of filing this petition under Article 227 of the Constitution
of India, as the learned Special Judge, Alang Ship Breaking Yard,
Bhavnagar, released the Bank Guarantee of Rs.25 lakhs while dealing
with applications Exs.203 and 204 submitted in Special Civil Suit
No.45 of 2001.
The
said Bank Guarantee was given in compliance of the order passed by
this Court and the orig. defendant nos.1 and 2 were directed to give
a Bank Guarantee of US$88300. According to Shri K.V. Shelat, the
oral judgment delivered by this Court in Appeal From Order No.165 of
2000 and allied matters, including Civil Revision Applications and
Civil Applications, the learned trial Judge if is directed to hear
and decide the suit as expeditiously as possible, the petitioner
would be satisfied. However, the say of Shri Shelat is that the ad
interim relief granted earlier by this Court in the present petition
may be made effective and operational till the disposal of the suit.
Having
considered the totality of facts and circumstances of case and when
the suit before the trial Court is pending for the last more than 8
years, the present petition is hereby disposed of with following
directions :
The
learned trial Judge now shall hear and decide the suit i.e.
Special Civil Suit No.45 of 2001, within a period of one year
from the date of receipt of writ of this Court.
The
order passed by below applications at Exs.203 and 204 releasing
the Bank Guarantee shall remain under suspension and the ad
interim relief granted by this Court shall remain effective and
operational against orig. defendant nos.1 and 2 till hearing and
final disposal of the aforesaid suit on merit by the learned
trial Judge.
Administratively,
the learned trial Judge shall see that the Bank Guarantee
remains alive.
(C.K.
Buch, J)
Aakar
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