(Per : HONOURABLE MR.JUSTICE V. M. SAHAI) We have heard learned AGP Ms. Jirga Jhaveri for the applicants - appellants, learned Senior Counsel Mr. K.S. Nanavati, assisted by learned Advocate Mr. Gandhi for Opponents No. 1 and 2 and learned Advocate Mr. Premal Joshi for Opponents No. 3 and 4.
Learned AGP for the applicants/appellants has urged that in the impugned order dated 6th May, 2010 passed in Special Civil Application No. 5400 of 2001, the learned Single Judge has quashed only the Recovery Proceedings but not quashed the appellate order. Therefore, in view of the principle of merger, the recovery order has merged with the appellate order and, if, the appellate order is not quashed, the order could not be given effects.
We are, prima facie of the opinion that in absence of quashing the appellate order, the notice/demand could not be quashed by the learned Single Judge. Hence, RULE. Learned Senior Counsel Mr. K.S. Nanavati, assisted by learned Advocate Mr. Gandhi waives service of notice of Rule on behalf of Opponents No. 1 and 2 and learned Advocate Mr. Premal Joshi waives service of notice of Rule on behalf of Opponents No. 3 and 4.
4 In the facts and circumstances of the case, the present Application is allowed. The operation, implementation and execution of the Order dated 6.5.2010 passed by the learned Single Judge in Special Civil Application No. 5400 of 2001 shall remain stayed.
Rule is made absolute (V.M.
SAHAI, J.) (A.J.
DESAI,J.) pnnair Top