(Per : HONOURABLE MR.JUSTICE V. M. SAHAI) In this Letters Patent Appeal, on 10.10.2011, the then Hon'ble Acting Chief Justice A.L. Dave and Hon'ble Mr. Justice J. B. Pardiwala directed that this matter may be placed before another Bench of which Hon'ble Mr. Justice J.B. Pardiwala was not a member. In pursuance thereof, an order was passed on 13.10.2011 by the then Hon'ble Acting Chief Justice directed the matter to be place before Court No.5 i.e. Coram :- Hon'ble Mr. Justice Jayant Patel and Hon'ble Mr. Justice R. M. Chhaya. It appears that the matter was listed on 23.11.2011 before Hon'ble Mr. Justice A.L. Dave and Hon'ble Mr. Justice C. L. Soni and the order dated 13.10.2011 was not brought to the notice of the Bench and, therefore, the order was passed by the Bench consisting of Hon'ble Mr. Justice A.L. Dave and Hon'ble Mr. Justice C. L. Soni on 23.11.2011.
Prima facie, we are of the opinion that once the matter has been nominated to the Bench of Hon'ble Mr. Justice Jayant Patel and Hon'ble Mr. Justice R. M. Chhaya, this appeal should be heard by the same Bench. Hence, list this matter before the Bench of Hon'ble Mr. Justice Jayant Patel and Hon'ble Mr. Justice R. M. Chhaya as we do not find any nomination on record indicating that the present matter has been released by the aforesaid Bench or the matter has been nominated to the Bench of Hon'ble Mr. Justice A.L. Dave and Hon'ble Mr. Justice C. L. Soni.
Sd/-
[V.
M. SAHAI, J.] Sd/-
[A.
J. DESAI, J.] Savariya Top