LAWS(GJH)-2001-3-78

I O C LIMITED Vs. HARIVANTBHAI CHAMPAKLAL SHELAT

Decided On March 15, 2001
I.O.C.LTD. Appellant
V/S
HARIVANTBHAI CHAMPAKLAL SHELAT Respondents

JUDGEMENT

(1.) Heard learned Advocate Mr. M.R. Bhatt for the applicant. Leave granted to the applicant to amend title cause so as to delete the opponent Nos. 4 and 5. Applicant to carry out the amendment forthwith. Rule. Learned Advocate Mr. M.J. Shelat appearing for Advocate Mr. K.V. shelet waives service of rule on behalf of the opponent No. 1. Mr. K.T. Dave learned AGP waives service of rule on behalf of the opponent No. 2-State, the opponent No. 3-District Magistrate, Ahmedabad and the opponent No. 6-Superintendent Central Jail, Sabarmati, Ahmedabad.

(2.) The applicant has prayed to clarify the order dated 13.1.2000 passed by this Court on Civil Application No. 69/2000 in Special Civil Application No. 10110/99. It is urged that said order does not cast compulsory obligation on the present applicant who was opponent No. 6 in the proceedings of Civil Application No. 69/2000 to inform or intimate the date and time of sample testing to the original opponents Nos. 1, 2 and 5 who are present opponent Nos. 2, 3 and 6. It is further prayed to order that Gujarat Refinery has fully complied with in letter and spirit the order dated 13.1.12000 of this Court and nothing otherwise was required in compliance of the order.

(3.) On behalf of the applicant it is submitted that the present opponent No. 1 moved Civil Application No. 69/2000 in the main matter being Special Civil Application No. 10110/99 with the following prayers :