Heard Learned Counsel Shri Chetan Pandya for applicants, learned APP Ms.Archana Raval for Respondent No.1 and learned Advocate Shri F.B. Brahmbhatt for Respondent No.2.
The contentions have been raised by learned Advocate Shri Chetan Pandya referring to the papers with regard to quality of goods as well as pre-dated cheques which requires consideration. He has also referred to and relied upon the decision of Hon'ble Apex Court in the case of National Small Industries Corporation Limited v. Harmeet Singh Paintal and another reported in (2010) 3 SCC 330 with regard to the vicarious liability and therefore he has submitted that the matter may be admitted.
Learned Advocate Shri F.B. Brahmbhatt has also tried to submitted that matter may not be admitted. He has also referred to and relied upon the decision of Hon'ble Apex Court in the case of Rallis India Ltd. V. Poduru Vidya Bhusan & Ors. reported in 2011 (3) SC 244 with regard to the vicarious liability.
In view of the contentions raised, the matter requires consideration and detailed hearing about contentions raised and the vicarious liability as well as other defences. Therefore, the following order is passed:
Rule, returnable on 30.11.2012.
Learned APP Ms.Archana Raval, waives service of notice of Rule for Respondent No.1-State of Gujarat.
Learned Advocate Shri F.B. Brahmbhatt, waives service of notice of Rule for Respondent No.2.
Ad-interim relief in terms of Para 9(c) till the final disposal of the matter.
(RAJESH H. SHUKLA, J.) mehul