IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No 8973 of 1999 with CIVIL APPLICATION No. 5685 of 2000 For Approval and Signature: Hon'ble MR.JUSTICE M.S.SHAH ============================================================ 1. Whether Reporters of Local Papers may be allowed : NO to see the judgements? 2. To be referred to the Reporter or not? : NO 3. Whether Their Lordships wish to see the fair copy : NO of the judgement? 4. Whether this case involves a substantial question : NO of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder? 5. Whether it is to be circulated to the Civil Judge? : NO -------------------------------------------------------------- PRAHLADBHAI VASTARAM PATEL Versus MEHSANA GOVERNMENT SUPPLY COOPERATIVE SOCIETY LIMITED -------------------------------------------------------------- Appearance: MR RC JANI for Petitioner MR PK JANI for Respondent No. 1 MS RV ACHARYA, AGP for Respondent Nos. 2, 3 -------------------------------------------------------------- CORAM : MR.JUSTICE M.S.SHAH Date of decision: 19/07/2000 ORAL JUDGEMENT The learned counsel for the petitioner seeks leave to withdraw the petition. However, he further prays that respondent No.1-Cooperative Society may be directed to return the petitioner's goods lying in the canteen in question. 2. Mr PK Jani, learned counsel for respondent No.1-Cooperative Society disputes the above statement and further submits that the petitioner owes a sum of more than Rs.1,35,00,000/- to respondent No. 1 and that the petitioner is bound to pay the said amount to respondent No. 1. 3. In view of the fact that the petition is being withdrawn in so far as the prayer about possession of the canteen premises is concerned, this Court is not required to look into the controversy about the goods or about the arrears of licence fees payable in respect of the canteen premises. Whatever disputes are there between the parties, it is open to the parties to approach the appropriate forum. 4. The petition is permitted to be withdrawn and accordingly stands withdrawn. Rule is discharged with no order as to costs. As per the order dated 12.7.2000 passed in Civil Application No. 5685/2000, the ad-interim relief which was earlier granted on 28.6.2000 is already suspended. In view of the disposal of the petition, the ad-interim order dated 28.6.2000 does not survive and is hereby vacated. 5. Since the main petition is disposed of, the Civil Application does not survive and is accordingly disposed of. July 19, 2000 (M.S. Shah, J.) sundar/-