(Per : HONOURABLE MR.JUSTICE A.L.DAVE) Rule.
Learned AGP Ms. Reeta Chandarana waives service of notice of rule on behalf of opponents in all applications.
2. Heard learned Senior Advocate Mr. S.I. Nanavati appearing with learned advocate Mr. Vimal Purohit for the applicant and learned AGP Ms. Chandaran for opponents.
3. Having examined the original notice and other papers, we are satisfied that the dispute relates to the premises and not to the goods lying therein. It is also clear from our order dated 20th October, 2011 that by order dated 13th May, 2011, this Court had permitted the petitioner to lift the goods from the godowns and thereafter, the Collector was permitted to put the seal on the godowns. It also appears that on 20th October, 2011, some of the goods were still lying inside the premises. We are given to understand that about 25000 to 30000 tons of perishable goods are lying in these godowns. Therefore, in the last sentence of paragraph 6 of our order dated 20th October, 2011, they ought not to have been mentioned the words "along with goods lying therein". We, therefore, direct that these words shall not be read in our order dated 20th October, 2011 and the order shall stand modify accordingly.
4. We would, however, further modify the order and add that the goods shall be removed by the petitioner within two months from today i.e. before 20th March, 2012 and no further extension of time would be given for removal of the goods. The earlier directions in respect of disposal of revision application would continue to operate. Rule is made absolute to that extent. No order as to costs. Direct service is permitted.
[A.L.
Dave, J.] [J.B.
Pardiwala, J.] #MH Dave Top