SCA/4799/1999 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 4799 of 1999 For Approval and Signature: HONOURABLE MR.JUSTICE RAVI R.TRIPATHI ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? -Yes. 2 To be referred to the Reporter or not ? -Yes. 3 Whether their Lordships wish to see the fair copy of the judgment ? -No. 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 ? -No. 5 Whether it is to be circulated to the civil judge ? -No. ========================================================= GOKAK VADODARA SPINNING MILLS & 1 - Petitioner(s) Versus MADHYA GUJARAT VIJ COMPANY LTD.-NOTICE TO BE SERVED THRO & 2 - Respondent(s) ========================================================= Appearance : MR THAKAR FOR M/S TRIVEDI & GUPTA for Petitioners. MR AD OZA for Respondent(s) : 1 - 3. ========================================================= CORAM : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI Date : 02/05/2008 ORAL JUDGMENT This Court has passed detailed order on 1/10/1999, issuing Rule on hearing Mr.Thakar, learned advocate for the SCA/4799/1999 2/4 JUDGMENT petitioners and learned advocate Mr.A.D.Oza for the respondents on the question of interim relief. The Hon'ble Court was pleased to issue following directions: I) The petitioner makes the full payment of the amount of Rs.2.79 lakhs including 50% already deposited pursuant to the order of the Civil Court in the aforesaid civil suit, within three weeks from today. II) The Chairman and Managing Director of the petitioner no.1-company file an undertaking before this Court that the petitioner-company shall not transfer the immovable properties and plants and machineries of petitioner no.1- company till the final disposal of the petition or till the decision of the Civil Suit No.2193 of 1996 or till the payment of all the outstanding claims of the respondent, whichever is later. III)That the petitioners continue to pay the bills for current consumption on the basis of the power load fixed at 100 KVA with effect from 1.10.1999. SCA/4799/1999 3/4 JUDGMENT IV)As far as electricity bills for the period from 1.6.1999 to 30.9.1999 are concerned, the petitioners shall pay the same on the basis of the actual current consumption or the power load of 100 KVA whichever is higher and for the difference between the charges at the rate of 2000 KVA and the aforesaid amount, the petitioner shall give a Bank Guarantee which shall remain valid during the pendency of this petition. The Court made it clear that it is only in the event of the petitioners complying with the aforesaid conditions that the respondent shall reconnect the power supply to the petitioners. After the matter is taken up for hearing, on hearing the learned advocates for the parties, it is learnt that the petitioners have not complied with the aforesaid conditions and therefore, respondent did not reconnect the power supply to the petitioners as contemplated in the order. It is not in dispute that a Civil Suit being Civil Suit No.2193 of 1996 is pending before the Civil Judge (SD), SCA/4799/1999 4/4 JUDGMENT Vadodara and outcome of the suit will govern the dispute involved in this petition. If the Civil Court comes to the conclusion that the bill raised by the respondent was not required to be paid by the petitioner-company, then, the refusal to grant the request of the petitioners to reduce the contract demand will be required to be decided in light of the said decision. The present petition is therefore, disposed of reserving the liberty in favour of the petitioners to take appropriate remedy after the civil suit is decided. It is also clarified that it will be open for the petitioners to request for revival of this petition, if so advised. At the request of learned advocate Mr.Oza, right of the respondents to object to any such application is also reserved. Rule is discharged. Interim orders are vacated. (RAVI R. TRIPATHI, J.) (ila)