Gujarat High Court Case Information System
Print
MCA/1978/2008 2/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION No. 1978 of 2008
In
CIVIL
APPLICATION No. 3033 of 2008
In
SPECIAL CIVIL APPLICATION No. 10346 of 2006
=========================================================
GUJARAT
RAKTA PITTA NIVARAN SEVA SANGH - Applicant(s)
Versus
PRAKASH
D RATHOD THRO. AUTHORIZED REPRESENTATIV - Opponent(s)
=========================================================
Appearance
:
MR
NILESH M SHAH for
Applicant(s) : 1,MR MAYANK DESAI for Applicant(s) :
1,
PARTY-IN-PERSON for Opponent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 11/07/2008
ORAL
ORDER
Heard
learned advocate Mr. Desai on behalf of applicant. Copy of this
application is served to party in person Shri R. B. Makwana.
The
prayer made in this application by applicant to suggest apparently
have some grievance against High Court, who has passed the order.
Such type of MCA can not be entertained by this Court.
Para
3 of application is having prayer upto ?Sa to f??, in that,
numbers of things have been prayed by applicant. The opening word
of application is as under:
?SThat having been
aggrieved and dissatisfied by the order dated 25/3/2008 in C. A. No.
3033/2008 in Sp. C. A. No. 10346/2006, whereby the Opponent has been
successful in getting relief from the court on the basis of his
mischievous suppressions and false suggestions, the petitioner moves
this application for recall/review of the order.??
Meaning thereby that
against order passed by this Court on 25/3/2008, applicant is having
grievance and dissatisfaction. In such circumstances, the appeal is
available to applicant. This Court has passed an order in Civil
application no. 3033/2008 in SCA no. 10346/2006 on 25/3/2008 and
disposed of civil application after hearing applicant.
It is a settle law laid
down by Apex Court that once application is disposed of finally then
such kind of MCA is not permissible under law, otherwise, there is
no finality or there is no end of proceeding. The view taken by the
Supreme Court in AIR 1987 SC 943 and recently, same view
taken in AIR 2008 SC 77.
Therefore, if, applicant
is having any grievance or he may be dissatisfied with order passed
by this Court on 25/3/2008, he has right to challenge in appeal but
he has no right to file such kind of application, where some
unnecessary averments have been made, which little bit address to
this Court.
Therefore, in view of the
aforesaid observation made by this Court, and considering averments
made in this application, this application is not entertained by
this Court.
Accordingly, same is
dismissed.
(H.K.RATHOD, J)
asma
Top