IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No 98 of 1999 with CIVIL APPLICATION NO.11052 OF 2001 For Approval and Signature: Hon'ble MR.JUSTICE K.R.VYAS ============================================================ 1. Whether Reporters of Local Papers may be allowed : NO to see the judgement? 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 -------------------------------------------------------------- RUNGTA ART PROCESSORS (P) LTD Versus GEB -------------------------------------------------------------- Appearance: 1. Special Civil Application No. 98 of 1999 MR AR MAJMUDAR for Petitioner No. 1 MR MD PANDYA for Respondents No. 1-3 -------------------------------------------------------------- CORAM : MR.JUSTICE K.R.VYAS Date of decision: 30/10/2001 COMMON ORAL JUDGEMENT Heard learned Counsel appearing for the parties. 2. It was contended by learned Counsel appearing for the respondent Board that the petitioner has alternative remedy of approaching the Appellate authority for redressal of its greivance. In my opinion, the objection raised on behalf of the respondent Board has some substance. Under the circumstances, the petitioner is directed to approach the Appellate authority for redressal of its grievance. It will be open for the petitioner to apply before the Appellate authority for not enforcing the notice dated 17.9.2001, which according to the petitioner, has not been enforced till date. I am sure that as and when such request is made, it will be considered on its own merits. It will be open for the petitioner to request for appropriate instalments if any amount is found ultimately payable, keeping in view the financial constraints under which the petitioner is operating. It will also be open for the petitioner to apply to the Appellate authority for waiver of the amount as a pre-condition for appearing before the Appellate authority keeping in mind the peculiar facts and circumstances of the case. The Appellate authority may consider the same sympathetically and in accordance with law. 3. Subject to the above observations, this petition is disposed of without entering into the merits of the case. Rule is hereby discharged, with no order as to costs. 4. In view of the order passed in the main petition, no orders are required to be passed in the Civil Application. The Civil Application stands disposed of accordingly. (K.R. Vyas, J.) Sreeram.