ARUNODAY MILLS LIMITED Vs. MORABI MUNICIPALITY

JUDGEMENT

(1.) This revision application is filed by the petitioner against an order passed by the Civil Judge (S.D.) Morvi on July 18 1992 below application Exh. 239 in Special Civil Suit No. 77 of 1990.

(2.) The petitioner is original plaintiff while the respondents are original defendants. The plaintiffs filed the above suit against the defendant for permanent injunction restraining the defendants from recovering any tax under the provisions of the Gujarat Municipalities Act 1963 Along with the plaint the plaintiff filed application Exh. 5 for interim injunction restraining the Municipality from recovering tax. The trial court after hearing the parties granted application by restraining the defendant- Municipality and its officers servants and agents from recovering any tax. However the trial court permitted the Municipality to recover tax if the Municipality was ready to furnish an undertaking that in case the plaintiff succeeded in the suit the Municipality should refund the amount within the stipulated period. The undertaking was to be filed by the Chief Officer of the Municipality duly authorised by resolution passed by the General Board. The operative part of the said order read as under :

(3.) Being aggrieved by the said order passed by the Trial Court the Municipality preferred Appeal from Order No. 403 of 1991 with Civil Application No. 2940 of 1991. In the said Civil Application the learned Single Judge of this Court (Coram: B.J. Shethna J.) passed the following order: