The High Court declined to recall an interim order filed by the Respondent. The court left all questions open for the final hearing of the Writ Petition and permitted the parties to seek expeditious hearing.
Application disposed of; substantive questions left open for final hearing; parties may request expedited hearing.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO.455 OF 2009 IN CIVIL APPLICATION NO.114 OF 2009 IN WRIT PETITION NO.7380 OF 2005
Mrs.Savitri Dubey.
..Applicant.
v/s.
Engg. Export Promotion Council
..Respondent.
Mr.A.P.Wachasundar & Mr.Deshpande for applicant in CA.
Mr.V.A.Thorat, Sr.Advocate a/w. Mr.Pradeep Thorat, Mr.Rajit, Mr.Shailesh Poria i/b. M/s. Hariani & Co. for Respondent.
CORAM:- A.M.KHANWILKAR, J
DATED :- NOVEMBER 13, 2009.
P.C.
order dated 6th February, 2009 on the argument that the observation made in the said order is contrary to the legal position, which has been restated by
the Apex Court in the case of Leelabai Gajanan Pansare & Ors. V/s.
2
Oriental Insurance Co. Ltd. & Ors.[(2008) 9 SCC 720]. That cannot be the ground for recall of the order dated 6th February, 2009. Moreover, the observations made in the order dated 6th February, 2009 is only a tentative view taken while considering the earlier Civil Application filed by the Respondent being C.A.No.114 of 2009. That is not finally answering the issue which the Respondents intends to raise that provisions of Rent Act will have no application in the case of Petitioners, who happens to be a company limited by guarantee of Union of India covered by Section 3(1) (b) of the Act.
the controversy can also be answered at the time of final hearing of the
Writ Petition.
own merits in accordance with law at the time of final hearing of the
Petition.
3
(A.M.KHANWILKAR, J)
3 issues framed by the court
Whether the recent observations in the earlier order require recall on the ground of a subsequent Apex Court decision.
Whether the Rent Act applies to a company limited by guarantee of the Union of India.
Whether the Civil Application seeks a quick direction to fix the Writ Petition for final hearing.
Colour shows how this judgement treated each authority
Leelabai Gajanan Pansare & Ors. V/s. Oriental Insurance Co. Ltd. & Ors.Referred¶16
Leelabai Gajanan Pansare & Ors. V/s. Oriental Insurance Co. Ltd. & Ors. [(2008) 9 SCC 720] · Who else cites this
1 provisions across 1 enactments
Mrs. Savitri Dubey
Engg. Export Promotion Council
A.M. Khanwilkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
