UNION OF INDIA Vs. AMBALAL SARABHAI ENTERPRISES LTD

JUDGEMENT

(1.) Both these Letters Patent Appeals are filed by Union of India, by which, order passed by learned Single Judge in Special Civil Application No.8580 of 2008 dated 26.6.2008 and order passed in Civil Application No.11373 of 2008 in Special Civil Application No.8580 of 2008 dated 26.9.2008 are under challenge.

(2.) Since both these appeals arise out of Special Civil Application No.8580 of 2008 and Civil Application No.11373 of 2008, Letters Patent Appeals are taken up together and learned counsel appearing for the parties have been heard accordingly.

(3.) It is the case of Union of India that the appellant herein was not joined as party respondent in the above mentioned Special Civil Application filed by respondent No.1-(Ambalal Sarabhai Enterprises Ltd.) herein being petitioner of that writ petition challenging the notice issued by the Mamlatdar and Collector, District: Vadodara for recovery of dues of Union of India as arrears of land revenue. Though, respondents Nos. 3 and 4 were enforcing the recovery as arrears of land revenue, since the order passed by the competent authority of Ministry of Chemicals and Fertilizers and Department of Chemicals and Petrochemicals under Drug (Price Control) Order (for short 'DPCO') remained unpaid and no remedy was exhausted by the respondent No.1-ASE and the original petitioner. Inspite of the above fact, on 26.6.2008 upon a statement made by learned counsel for the petitioner following order came to be passed (Coram: Hon'ble Smt. Justice Abhilasha Kumari): Notice returnable on 7.7.2008. Mr.Mihir Thakore, learned Senior Advocate with Ms.Megha Jani, learned counsel for the petitioner, states that the petitioner will pay the outstanding amount as per the notice dated 6.5.2008, which amounts to approximately Rs.7,90,23,008/-, within a period of three months from today, and an Undertaking to that effect shall be filed in this Court, within a period of one week from today, subject to the right of the petitioner to challenge the order dated 31.7.2007 of the Government of India under the Drug (Price Control) Order. In the light of the above statement made by the learned Senior Advocate for the petitioner, interim relief in terms of Paragraph-25(c) of the petition is granted till the next date of hearing. Direct Service of this order is permitted. 3.1. It appears that later on respondent No.1-ASE preferred Special Civil Application No.9066 of 2008 and 9067 of 2008 challenging demand notices dated 10th October 1995, 22nd February 2004, 26th May 2006, 22nd October 2005, 31st July 2007 and 26th January 2006 issued by the competent authority of the Appellant-Ministry. However, on 8.7.2008 learned Single Judge (Coram: Hon'ble Mr. Justice Jayant Patel) heard both the above petitions, though admitted, refused interim relief by a speaking order.