MODERN TERRY TOWELS LTD. Vs. SOLANKI MULJIBHAI REVABHAI

JUDGEMENT

(1.) Learned counsel has filed this Application on behalf of the Modern Terry Towels Ltd., the original respondent in Special Civil Application No. 7560 of 1996 and applicant in Civil Application No. 1074 of 1998, for reviving the Civil Application No. 1074 of 1998 claiming refund of a sum of Rs. 75 lacs deposited in the Registry of this Court being part of the amount @ 1% of the turn over for relief to the villages affected by pollution from the industry. Earlier this Court on Civil Application No. 1074 of 1998 by order made on 15 -06 -1999 directed the application for refund of the amount to be kept in abeyance until decision of cognate matters of similar nature with similar directions made by this Court pending in Appeal before the Supreme Court. The list of those cases have been mentioned in the order of the Supreme Court dated 20.2.2001, a copy of which is on record of this Application at page 12 (Annexure II). This application for revival of the Civil Application No. 1074 of 1998 for refund of the amount in deposit with the Registry of this Court has been made stating that along with other industries, the present applicant had also gone to the Supreme Court, but has withdrawn the case. However, in view of the order made by this Court on 15 -6 -1999 in pending Civil Application No. 1074 of 1998, the question of refund was kept in abeyance awaiting decision of Supreme Court in similar matters filed by other industries. It is, therefore, not proper for us at this stage to entertain this Application for refund by reviving the Civil Application No. 1074 of 1998. For the present we await for the orders of the Supreme court in pending cases mentioned in the Supreme Court order dated 20 -2 -2001. The prayer for revival of the Civil Application No. 1074 of 1998 cannot be allowed. Let the Civil Application No. 1074 of 1998 for the time being be consigned to record. It will be open for the parties to seek its revival only after decision of the cognate matters pending in the Special Leave Petition before the Supreme court as mentioned in the order dated 20 -2 -2001 (page 12, Annexure II).

(2.) This Civil Application is disposed of accordingly.