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Atul Ltd. & vs State Of Gujarat &

High Court Of Gujarat|24 September, 2013
The matter was proceeded and it was adjourned and thereafter when it is called out today, learned Sr. Counsel Shri Soparkar appearing for M/s. Nanavati Associates for the petitioners has pointed out that as per the Roster, such Special Civil Applications relating to contracts and tenders are to be heard by the Division Bench and he has also referred to the order of the Hon'ble Division Bench of the High Court reported in 2012 (0) GLHEL-HC 228913, wherein it has been observed, "Apart from the aforesaid reasons given by us, we find that the writ applications, out of which the appeals have arisen, really come within the field of contracts and tenders and, therefore, it was required to be heard by a Division Bench vested with such determination. Therefore, the learned Single Judge ought to have returned the applications for placing before the appropriate Page 1 of 2 C/SCA/23591/2005 ORDER Division Bench."
2. Learned Government Pleader Shri PK Jani has strong reservations on the ground that submissions were made and thereafter it was adjourned for seeking instructions. Therefore, when it was kept for hearing today, such contention is raised to avoid further progress of the matter. He has also reservations about the conduct of the petitioners.
3. Be that as it may, in view of the order of the Hon'ble Division Bench as stated hereinabove, the matter may be placed before the Hon'ble Chief Justice for appropriate orders. The Registry is therefore directed to place this matter fore the Hon'ble Chief Justice for appropriate orders.
(RAJESH H.SHUKLA, J.) (hn) Page 2 of 2
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