SCA/3554/1997 1/2 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No.3554 of 1997 For Approval and Signature: HONOURABLE MR.JUSTICE D.A.MEHTA Sd/- HONOURABLE MR.JUSTICE Z.K.SAIYED Sd/- ======================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? NO 2 To be referred to the Reporter or not ? NO 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 ======================================================= M/S. ADD PLUS INDUSTRIES & 1 - Petitioner(s) Versus UNION OF INDIA & 2 - Respondent(s) ======================================================= Appearance : MR PARESH M DAVE for Petitioner(s) : 1 - 2. MRS SUMAN KHARE for Respondent(s) : 1 - 3. ======================================================= CORAM : HONOURABLE MR.JUSTICE D.A.MEHTA and HONOURABLE MR.JUSTICE Z.K.SAIYED Date : 30/04/2008 ORAL JUDGMENT (Per : HONOURABLE MR.JUSTICE D.A.MEHTA) (1) Learned advocate for the petitioners seeks permission to withdraw the petition, under instructions, so as to enable the petitioners to move a rectification application before the Tribunal. The impugned order of the Tribunal dated SCA/3554/1997 2/2 JUDGMENT 28.02.1997 was received by the consultant of the petitioner on 04.04.1997. The petition was preferred on 02.05.1997. Learned advocate for the petitioners informs that the period of limitation for preferring rectification application is 180 days from date of receipt of the order. (2) In the circumstances, it is apparent that after excluding the period from 04.04.1997 upto 02.05.1997 the balance period of limitation for filing rectification application would start running from today. In the event the petitioners prefer the rectification application within this balance period of limitation, it is expected that the Tribunal shall consider the same in accordance with law, without raising the issue of limitation. (3) Permission granted to withdraw the petition. The petition is rejected as withdrawn. RULE discharged. There shall be no order as to costs. Sd/- Sd/- [D.A. MEHTA, J] [Z.K.SAIYED, J] *** Bhavesh*