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SCA/9792/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No.9792 of 2008
With
SPECIAL
CIVIL APPLICATION No.9806 of 2008
==========================================================
MUNDRA
SEZ TEXTILE & APPAREL PARK PVT LTD - Petitioner
Versus
UNION
OF INDIA THROUGH MINISTRY OF COMMERCE & ORS. - Respondents
==========================================================
Appearance :
MR
Vikram Nankani for M/S TRIVEDI & GUPTA for
Petitioners.
None for
Respondents.
==========================================================
CORAM
:
HONOURABLE
MR. JUSTICE K. A. PUJ
and
HONOURABLE
MR.JUSTICE BANKIM N. MEHTA
Date
: 04/08/2008
ORAL
ORDER
(Per
: HONOURABLE MR. JUSTICE K. A. PUJ)
These
two matters are earlier placed before a coordinate Bench of this
Court consisting of Hon’ble Mr.Justice D.A.Mehta and Ms.Justice
H.N.Devani. That Bench has passed following order on 30.07.2008:
?S1. The
learned counsel for the petitioner states that issue involved in the
present petition is identical to the issue involved in Special Civil
Application No.9656 of 2008 with Special Civil Application No.9713 of
2008, which has been heard by a Coordinate Bench and an ad-interim
order is made on 25.07.2008.
2. In the
circumstances, for the sake of uniformity and consistency, without
expressing any opinion on merits, the Registry is directed to
circulate this petition before the same Bench comprised of Brother
Justice K.A.Puj and Justice Bankim N. Mehta, after obtaining
necessary orders in this regard.??
Thereafter, with
the permission of Hon’ble the Acting Chief Justice, the matters are
placed before us.
2. Earlier on
Friday, Mr.Harin P. Raval, learned Assistant Solicitor General,
mentioned about these two matters, however, the matters were not
listed. Today, Mr.Raval has filed sick-note for two days. Looking to
the urgency in the matters, we are taking up the matters for hearing.
3. Heard
Mr.Vikram Nankani, learned advocate for the petitioners. After our
order dated 25.07.2008 passed in Special Civil Application Nos.9656
of 2008 and 9713 of 2008, our attention is drawn to order dated
24.07.2008 passed by Andhra Pradesh High Court in Writ Petition
No.15773 of 2008 wherein under similar circumstances letter of
Director, SEZ Section, Ministry of Finance, Government of India,
dated 13.06.2008 addressed to the Development Commissioner and the
consequential circular dated 09.07.2008 are stayed.
4. For the
reasons stated by us in our order dated 25.07.2008, Rule be
issued in both the matters. Notice as to interim relief returnable on
12.08.2008. Ad interim relief in terms of Paragraph 33(E)(iv)
till then. Direct Service for Respondent Nos.3 to 5 is permitted.
[K.A.
Puj, J.]
[Bankim
N. Mehta, J.]
Rajendra
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