1.GUJARAT AMBUJA EXPORTS LTD, petitioner has filed this petition with a prayer that:
"The Honourable court may be pleased to issue a writ of mandamus or any other appropriate writ, order or direction quashing and setting aside the impugned decision contained in the communication at Annexure "U" hereto; and consequently declaring that the provisions of the Act, the Rules and the Bye-laws of the respondent committee are not applicable to the petitioner company and as such the petitioner company is not under and obligation to pay any market fee to the respondent committee for the transactions carried on by it from time to time."
This petition was filed on 22nd November 2004. Mr.C.G.Sharma, learned advocate for the petitioner tenders affidavit in rejoinder dated 28th December 2004. Mr.D.B.Rana, learned advocate for the respondent tenders affidavit in sur rejoinder dated 10th January 2005. Both these affidavits are taken on record.
2.Mr.Rana states that various notifications issued by the Director and, therefore, Director is necessary party. Mr.Sharma states that he will file Civil Application for joining Director as party in this behalf. As and when the Civil Application is filed, the Court will consider the same. Learned advocate for the petitioner is requested to update the index as well as list of dates in this behalf. S.O. to 24th January 2005. Interim relief granted earlier to continue till then.
(K.M.Mehta, J.) *Shitole