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LPA/189/2007 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 189 of 2007
In
SPECIAL
CIVIL APPLICATION No. 19592 of 2006
With
LETTERS
PATENT APPEAL No. 190 of 2007
In
SPECIAL CIVIL APPLICATION No. 19593 of 2006
To
LETTERS
PATENT APPEAL No. 191 of 2007
In
SPECIAL CIVIL APPLICATION No. 19594 of 2006
With
LETTERS
PATENT APPEAL No. 194 of 2007
In
SPECIAL CIVIL APPLICATION No. 19592 of 2006
To
LETTERS
PATENT APPEAL No. 196 of 2007
In
SPECIAL CIVIL APPLICATION No. 19594 of 2006
=========================================================
UNION
OF INDIA SERVED THRO' THE SECRETARY & 1 - Appellant(s)
Versus
GUJARAT
STATE SUGAR FEDERATIONLTD., & 2 - Respondent(s)
=========================================================
Appearance
:
LPA
NOS. 189/2007, 190/2007 & 191/2007
MR
PS CHAMPANERI for
Appellant(s) : 1 - 2.
MR. K.S. NANAVATI, LD. SR. ADVOCATE WITH MR.
KEYUR GANDHI, LD. ADVOCATE FOR NANAVATI ASSOCIATES for Respondent(s)
: 1 - 2.
MR AMAR P DAVE for Respondent(s) : 3,
LPA
NOS. 194/2007, 195/2007 & 196/2007
MR.
AMAR P. DAVE WITH MR. HARDIK D. MUCHHALA, LD. ADVOCATES FOR THE
APPELLANT
MR.
K.S. NANAVATI, LD. SR. ADVOCATE WITH MR. KEYUR GANDHI, LD. ADVOCATE
FOR RESPONDENT NOS. 1 & 2
MR.
P.S. CHAMPANERI FOR RESPONDENT NOS. 3 &
4
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE BHAGWATI PRASAD
and
HONOURABLE
MR.JUSTICE J.C.UPADHYAYA
Date
: 15/06/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE BHAGWATI PRASAD)
Heard
learned counsel for the parties. The challenge in the present appeals
was to a Notification issued which was relevant for Jute for the year
2006. That having come to an end, the basic considerations which were
made by learned Single Judge in relation to the Notification are no
longer relevant. Therefore, all observations made in the judgement
are not required to be sustained. What is required to be done is that
in future when any Notification is issued under Jute Packaging
Materials (Compulsory Use in Packing Commodities) Act, 1987, the
Central Government should conspicuously and religiously follow the
provisions of the Jute Packaging Materials (Compulsory Use in
Packing Commodities) Act, 1987. This judgement is passed after a
consensus arrived at between the parties. In view of the above, the
appeals are allowed. The judgement of learned Single Judge is set
aside.
(BHAGWATI
PRASAD, J)
(J.C.
UPADHYAYA, J)
(pkn)
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