(Per : HONOURABLE MR.JUSTICE AKIL KURESHI)
1. In this civil application, the applicants-original respondents of the main writ petition, have principally prayed for a direction to respondent No. 2 herein i.e. Official Liquidator of M/s. Varun Seacon Ltd. to place on record a report showing complete details supported by relevant documents regarding removal of dutiable goods which were in existence as on 11.03.2006 in the premises of M/s. Varun Seacon Ltd. situate near Narsundha Crossing, N.H. No. 8, Bhumel, Nadiad. Subsidiary prayer made was to pass appropriate order on consideration of the report, which may be submitted by opponent No.2.
2. In response to the notice issued by this Court, Official Liquidator has submitted a report dated 13.12.2010 along with which certain documents have been annexed.
3. Learned counsel, Mr. Oza for the applicants, agreed that such report would substantially satisfy the applicant's prayer 6(B) which pertains to a direction for the Official Liquidator to file a report. In that view of the matter, insofar as the main prayer made in this application concerned, the same does not survive.
4. The other incidental prayer, in our view, is rather generally worded and does not bring out the real controversy between the parties, nor is sufficient to put the original petitioners to notice with respect to the expectation of the applicants.
5. Under the circumstances, this application is disposed of at this stage, leaving it open to the applicants to take such further steps as may be found necessary on the basis of above noted report of the Official Liquidator.
Civil application is disposed of accordingly.
[AKIL KURESHI, J.] [HARSHA DEVANI, J.] JYOTI Top