LAWS(GJH)-1992-4-29

STATE OF GUJARAT Vs. BHAGYODAYA OIL MILL, JAMNAGAR

Decided On April 03, 1992
STATE OF GUJARAT Appellant
V/S
Bhagyodaya Oil Mill, Jamnagar Respondents

JUDGEMENT

(1.) The pertinent facts, in brief, giving rise to the present revision are as under :

(2.) In the said appeal the present petitioner also filed an application for interim injunction at Exh. 5, wherein he prayed for stay of operation and implementation of the trial court's order. This application Exh. 5 in appeal was heard and decided by the Extra Assistant Judge, Jamnagar, by his judgment and order dated 22nd July 1986 whereby a mandatory order was passed directing the Commissioner of Sales Tax and its officer to act in a particular manner. It is significant to note that such a mandatory order has been specifically styled as an interim arrangement, and that there is further direction that the application Exh. 5 (in the appeal) is to be expedited.

(3.) It is this order of "interim arrangement" that has been challenged in the present revision by the State of Gujarat.