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Managing Trustee vs Kantibhai Surabhai Parmar

High Court Of Gujarat|09 July, 2012
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 17966 of 2003 For Approval and Signature:
HONOURABLE MR.JUSTICE S.R.BRAHMBHATT ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ?
2 To be referred to the Reporter or not ?
3 Whether their Lordships wish to see the fair copy of the judgment ?
4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ?
5 Whether it is to be circulated to the civil judge ?
========================================================= MANAGING TRUSTEE - Petitioner Versus KANTIBHAI SURABHAI PARMAR - Respondent ========================================================= Appearance :
MR SAURABH MEHTA FOR NANAVATI & NANAVATI for Petitioner MR TR MISHRA for Respondent ========================================================= CORAM : HONOURABLE MR.JUSTICE S.R.BRAHMBHATT Date : 09/07/2012 ORAL JUDGMENT
1. Learned advocate for the petitioner vehemently argued the matter for quashment of the order impugned but he could not controvert the fact and proposition of law laid down by the Apex Court in case of Dena Bank Vs. D.V. Kundadia, reported in 2011 III CLR 415 that against the interim order, the High Court should not entertain the petition.
2. Admittedly, present petition is challenging the interim order and therefore, in light of aforesaid judgment, Shri Mehta, learned advocate could not carry this matter further in his submission. The court is of the view that petition deserves to be rejected and is rejected accordingly. It is observed that the court has not opined on merits of the matter and the Labour Court is at absolute liberty to decide the matter in accordance with law without being influence by the order passed by this court and it is also observed that, as this court has not decided the matter on merits in light of the decision of the Apex Court, both the parties would be at absolutely to take out respective contentions in their favour before the Labour Court. Rule is discharged. Interim relief stands vacated. No costs.
(S.R.BRAHMBHATT, J.) pallav
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Title

Managing Trustee vs Kantibhai Surabhai Parmar

Court

High Court Of Gujarat

JudgementDate
09 July, 2012
Judges
  • S R Brahmbhatt
Advocates
  • Mr Saurabh Mehta