AO/373/2008 1/5 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD APPEAL FROM ORDER No. 373 of 2008 With CIVIL APPLICATION No. 13846 of 2008 In APPEAL FROM ORDER No. 373 of 2008 For Approval and Signature: HONOURABLE MR.JUSTICE M.R. SHAH ========================================================= 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? ========================================================= ARMADA (SINGAPORE) PVT LTD - Appellant(s) Versus ASHAPURA MINE CHEM LTD & 1 - Respondent(s) ========================================================= Appearance : MR DD VYAS, SR.ADVOCATE WITH MR DAKSHESH MEHTA for Appellant(s) : 1, MR MIHIR THOKARE, SR.ADVOCATE WITH MR AMAR N BHATT for Respondent(s) : 1, None for Respondent(s) : 2, ========================================================= CORAM : HONOURABLE MR.JUSTICE M.R. SHAH Date : 15/12/2008 ORAL JUDGMENT 1. Present Appeal from Order is arising out of the Ex-parte ad-interim injunction/ orders dated AO/373/2008 2/5 JUDGMENT 11.11.2008 and 28.11.2008 granted by the learned Principal Senior Civil Judge, Jam-Khambhalia below Exh.5 in Special Civil Suit No.56 of 2008. Mr.D.D.Vyas, learned Senior Advocate with Mr.D.B.Mehta, learned Advocate appearing for the appellant are heard at length. Mr.Mihir Thakore, learned Senior Advocate with Mr.Amar N.Bhatt, learned Advocate appearing for the respondent – original plaintiff are also heard at length. 2. Considering the fact that application Exh.5 is now fixed for hearing by the learned trial Court on 17.12.2008 and any observations made by this Court in the present Appeal from Order may prejudice the case of the respective parties at the time of trial – Exh.5, the learned Advocates appearing for the parties, more particularly the learned Advocates appearing on behalf of the opponent have stated at the Bar that the impugned ex-parte ad-interim injunction granted by the learned trial Court which is impugned in the present Appeal from Order be set aside without prejudice to the rights and contentions in the suit as well as in Exh.5 and subject to the ultimate outcome of Exh.5 application. However, it is requested that appropriate suitable direction be issued directing the learned trial Court before whom proceedings are pending and/or any other Court to decide and dispose of application Exh.5 at the earliest and within stipulated time. 3. Mr.D.D.Vyas, learned Senior Advocate AO/373/2008 3/5 JUDGMENT appearing for the appellant – original defendant has submitted that they will be filing reply to application Exh.5 on or before 18.12.2008. Mr.Mihir Thakore, learned Senior Advocate appearing on behalf of the respondent – original plaintiff has submitted that original plaintiff will file rejoinder to the same on or before 22.12.2008. Mr.D.D.Vyas, learned Senior Advocate appearing with Mr.D.B.Mehta, learned Advocate for the appellant has submitted that they will fully cooperate the learned trial Court in early disposal of application Exh.5 within stipulated time that may be fixed by this Court and make submission before the learned trial Court without prejudice to their rights and contentions that the Civil Court has no jurisdiction to entertain the suit and/or grant such injunction. The learned Advocates appearing on behalf of the respective parties have agreed that their counter part shall not ask for any unnecessary adjournment and they will go on for hearing of application Exh.5 on the day that may be fixed by this Court. 4. Under the circumstances, Appeal from Order No.373 of 2008 is disposed of and the impugned orders dated 11.11.2008 and order dated 28.11.2008 passed by the learned Principal Senior Civil Judge, Jam- Khambhalia below Exh.5 in Special Civil Suit No.56 of 2008 impugned in Appeal from Order No.373 of 2008 are hereby quashed and set aside. Let the appellant – original defendant file reply to the application Exh.5 without prejudice to the rights and contentions AO/373/2008 4/5 JUDGMENT recorded herein above on or before 18.12.2008 and let the original plaintiff file rejoinder to the same with copy to the other side on or before 22.12.2008. The learned trial Court is directed to decide and dispose of the application Exh.5 in accordance with law and on merits and after giving opportunity to all concerned on or before 29.12.2008. Respective parties to appear before the learned Judge before whom application Exh.5 is placed for hearing on 24.12.2008 and 26.12.2008 and make their submissions on application Exh.5. The learned Advocates appearing on behalf of the respective parties have assured the Court that they will conclude submissions and hearing of application Exh.5 on 24.12.2008 and 26.12.2008. It goes without saying that the learned trial Court will decide and dispose of application Exh.5 in accordance with law and on merits without in any way being influenced by the present order and all the contentions which are available to the respective parties are kept open inclusive of question of jurisdiction of Civil Court, for which this Court has not expressed any opinion in favour of either parties. As agreed by the learned Advocates appearing on behalf of the respective parties, hearing of application Exh.5 be decided and disposed of by any other learned Judge other than who has passed the impugned order. 5. Under the circumstances, learned Principal District Judge, Jamnagar is directed to see that aforesaid suit and application Exh.5 in the aforesaid AO/373/2008 5/5 JUDGMENT suit is placed before any other learned Judge other than who has passed the impugned order. Said exercise be completed by the learned Principal District Judge, Jamnagar by 17.12.2008, so that the learned Advocates appearing for the respective parties can know before whom they have to appear. In view of order passed in Appeal from Order No.373 of 2008, no order in Civil Application No.13846 of 2008. Direct service is permitted, today. [M.R.Shah,J.] satish