Heard learned Counsel for the petitioners.
It is submitted that the order impugned dated 17.02.2012 passed by the learned Principal District Judge, Surat is a case of non-application of mind in reversing the findings of the Trial Court to the extent based on panchnamas drawn about the business activity of the petitioners and storage of raw materials like bricks and gravels etc. No manufacturing activities is undertaken. The petitioner has a license to carry on such activities and similarly situated persons are doing the same business.
Considering the above aspect and basically there was no justification in reversing the findings of the Trial Court by the lower Appellate Court, a case is made out for admitting this petition.
Hence, RULE. By way of ad-interim relief, the order impugned dated 17.02.2012 passed below Exhibit 34 in Civil Miscellaneous Appeal No.26/2003 shall remain stayed till final disposal of the petition.
NOTICE as to interim relief returnable on 19th December, 2012.
Sd/-
(Anant S. Dave, J.) Caroline