Gujarat High Court Case Information System
Print
SCA/5119/2010 2/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 5119 of 2010
=========================================================
GUJARAT
STATE WAREHOUSING CORPORATION - Petitioner(s)
Versus
KANDLA
PORT TRUST & 1 - Respondent(s)
=========================================================
Appearance
:
MR
PJ KANABAR for
Petitioner(s) : 1,
NOTICE SERVED for Respondent(s) : 1 - 2.
MR
DHAVAL D VYAS for Respondent(s) : 1 -
2.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 13/09/2010
ORAL
ORDER
Heard
learned advocate Mr. PJ Kanavar for petitioner Corporation and
learned advocate Mr. Dhaval D. Vyas for respondent Kandla Port Trust
and other.
Considering
prayers made by petitioner in paragraph 14(B) of petition,
petitioner has challenged communication dated 22nd July,
2009 issued by respondent Kandla Port Trust. Page 29 is dated 22nd
July, 2009 where relevant para3 is quoted as under:
3. However,
now, you are requested to remit the difference amount of
Rs.21,03,129.00 in respect of land ad measuring 10,000 sq. mtrs.
Towards the non payment of lease rent at the escalated rate (as per
attached detailed statement) immediately.
Under
instructions from Officer on Special Duty, Estate Department, Kandla
Port Trust, learned advocate Mr. Dhaval D. Vyas for respondent trust
submitted that aforesaid letter dated 22nd July, 2009 may
be treated as show cause notice calling for explanation from
petitioner. Therefore, he submitted that let petitioner may file
detailed reply considering this letter dated 22nd July,
2009 as show cause notice served to petitioner. Learned advocate Mr.
Kanabar for petitioners submitted that whatever documents which will
be relied upon by respondent trust may be supplied by respondent
trust to petitioner. Learned advocate Mr. Vyas for respondent trust
submitted that whatever documents which will be relied upon by
trust, copies thereof will be supplied to petitioner before deciding
matter after receiving reply from petitioner.
Therefore,
in light of submissions made by both learned advocates, letter dated
22nd July, 2009 which is under challenge in this petition
is to be considered as show cause notice issued by respondent trust
to petitioner. Therefore, let petitioner may file reply against
letter dated 22nd July, 2009 considering it as show cause
notice issued by respondent trust within one month from date of
receiving documents from respondent trust. It is open for petitioner
to file detailed application for demanding documents from respondent
trust within period of fifteen days from date of receiving copy of
this order. As and when respondent trust receives such application
from petitioner demanding copies of documents, it is directed to
respondent trust to supply copies of all documents which are in
possession of respondent trust within period of one week from date
of receiving such application from petitioner and after receiving
copies of such documents, petitioner has to give reply with a
prayer to grant opportunity of hearing within fifteen days from date
of receipt of such documents from respondent trust. After receiving
such reply from petitioner, it is directed to respondent Kandla Port
Trust to decide it and examine grievance of petitioner after giving
reasonable opportunity of hearing to petitioner and thereafter to
pass appropriate reasoned order in accordance with law within period
of two months from date of receiving reply from petitioner and to
communicate decision to petitioner immediately.
With
these observations and directions, this petition is disposed of by
this court without expressing any opinion on merits.
(H.K.
Rathod,J.)
Vyas
Top