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CA/9330/2010 1/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR STAY No. 9330 of 2010
In
SECOND
APPEAL No. 182 of 2010
=========================================================
WESTERN
INDIA AIR PRODUCT PVT LTD - Petitioner(s)
Versus
PASHCHIM
GUJARAT VIJ CO LTD & 1 - Respondent(s)
=========================================================
Appearance
:
MR
DG CHAUHAN for
Petitioner(s) : 1,
None for Respondent(s) : 1,
MR MD RANA for
Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 30/08/2010
ORAL
ORDER
Heard
learned counsel for the applicant, Mr.D.G.Chauhan and Mr.M.D.Rana
for the respondent No.2.
Rule.
Mr. M.D.Rana, learned counsel for the respondent No.2 waives
service of notice of rule for the respondents.
By
filing this application, the applicant has sought stay of operation
and implementation of the impugned judgment and decree dated
14/5/2009 passed by learned Additional District Judge, Bhavnagar in
Regular Civil Appeal No.65 of 2004 and to restrain the opponents
from disconnecting the electricity connection.
It
is to be noted that in identical matters, this Court (Coram: Bankim
N.Mehta,J.) vide common order dated 10-11-2009 passed in Second
Appeal No. 260 of 2009 to Second Appeal No. 271 of 2009 with Civil
Application No. 10656 of 2009 in Second Appeal No. 260 of 2009 to
Civil Application No. 10658 of 2009
in
Second Appeal No. 264 of 2009 with Civil Application No. 10951 of
2009 in Second Appeal No. 261 of 2009 to Civil Application No. 10959
of 2009 in
Second Appeal No. 271 of 2009 admitted the appeals and granted
interim relief. Identical substantial questions of law are involved
in this appeal also and hence, this appeal was admitted today. In
view of the above, interim relief is required to be granted on the
same line.
In
view of the above, the opponents are restrained from disconnecting
the electric connection given to the applicant on condition that the
applicant deposits the outstanding amount being the amount of
withdrawal of 10% concession with the opponents within four weeks
from today and shall go on paying the regular electricity bills as
and when become due till the final disposal of Second Appeal.
The
opponents are restrained from demanding delayed payment charges
claimed by them during the pendency of this Second Appeal. One of
the directors of the applicant shall also file an undertaking before
this Court that if the applicant fails in the litigation, he would
pay the delayed payment charges as demanded by the opponents. The
undertaking shall be filed within four weeks from today.
It
is made clear that the direction to deposit the amount issued in the
order is subject to the result of the Second Appeal. It is clarified
that if the conditions imposed by this Court is not complied with,
interim relief granted by this order will stand cancelled
automatically.
Civil
Application is disposed of. Rule is made absolute accordingly with
no order as to costs.
(M.D.SHAH,J.)
radhan
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