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LPA/667/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 667 of 2010
In
SPECIAL
CIVIL APPLICATION No. 8975 of 2009
With
CIVIL
APPLICATION No. 3455 of 2010
======================================
KAIRA
CAN COMPANY LTD - Appellant(s)
Versus
STATE
OF GUJARAT & 3 - Respondent(s)
======================================
Appearance
:
MR DIPAK R DAVE for
Appellant(s) : 1,
MS MOXA THAKKER for respondent 1-2
None for the respondent No.3
MR TR MISHRA for Respondent(s) :
4.
======================================
CORAM
:
HONOURABLE
MR.JUSTICE D.H.WAGHELA
and
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 13/05/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE D.H.WAGHELA)
Learned
counsel, Mr.T.R.Mishra, has appeared for the respondent No.4 and
learned AGP, Ms.Moxa Thakker, has appeared for respondent Nos.1 and
2. It was submitted at the stage of admission hearing by learned
counsel appearing for both the sides that, in the peculiar facts and
circumstances of the case, the original reference case pending before
the Industrial Tribunal was required to be expeditiously heard and
disposed on merits, even as the contesting parties were agreeable to
co-operate in the earliest practicable resolution of the disputes by
the Tribunal. It was, however, submitted by learned counsel,
Mr.Dave, that the observations made in the impugned judgment dated
09.10.2009 in the petition filed by the appellant Company would come
in the way of full and appropriate adjudication of the dispute
between the parties. He, therefore, requested that the original
petition being Special
Civil Application No.8975 of 2009 may be permitted to be
withdrawn and the present appeal may be disposed with direction to
hear and dispose the main reference case pending before the Tribunal
as expeditiously as practicable and preferably within a period of
four months. Learned counsel appearing for the respondents having no
objection, the appellant is permitted to withdraw the original
Special Civil
Application No.8975 of 2009 with liberty to approach the
Tribunal for early hearing of the main reference case being Reference
(IT) No.9 of 2007, which is pending before the Industrial Tribunal at
Nadiad. By consent, the parties are directed to co-operate in the
earliest practicable hearing and disposal of the said reference case
on merits and in accordance with law without seeking any unnecessary
adjournment. The Tribunal shall be at liberty to impose cost upon the
party seeking any adjournment, in its discretion, as may be thought
fit. The appeal is disposed accordingly with the clarification that
the parties shall be entitled to take all the legally available
contentions before the Tribunal and the Tribunal shall hear and
dispose the aforesaid reference case as expeditiously as practicable
and preferably on or before 30th September, 2010. The
original Special Civil
Application No.8975 of 2009 shall stand disposed as
withdrawn, without any order on merits. The Civil Application herein
would not survive and is also disposed accordingly.
(D.H.WAGHELA,J.)
(M.D.SHAH,J.)
radhan
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