YOGESHWAR OIL INDUSTRIES Vs. POL WORLD PVT LTD

JUDGEMENT

(1.) Heard learned advocate for the applicant as well as learned advocate for the respondents. Learned advocate for the applicant at the outset submitted that the entire controversy is in a very narrow compass and now the issue qua denovo trial on account of not conducting the trial summarily is no more res integra needing to carryout or consider as the Division Bench has unequivocally pronounced this decision and even Supreme Court also in case of Mehsana Nagrik Sahakari Bank Ltd., V/s. Shreeji CAB Co. & Ors. in Criminal Appeal Nos.968971 of 2013 vide its order dated 12th July, 2013 decided the issue, would address the entire controversy.

(2.) Shri Majmudar, learned advocate for the respondent nos.2 and 3 and Ms.Archana C. Raval, learned APP for respondent no.4 submitted that let the matter be decided finally. Hence, Rule. Mr.P.P Majmudar, learned advocate waives service of notice of rule on behalf of respondent nos.2 and 3. Ms.Archana C. Raval, learned APP waives service of notice of rule on behalf of respondent no.4. With the consent of learned advocates for the parties, Rule is fixed forthwith and the matter is disposed of as under :

(3.) The applicant, by way of this application preferred under Article 226 as well as 227 of the Constitution of India approached this Court with following reliefs.