GUJARAT MARITIME BOARD Vs. GANGUBEN TAPUGIRI GOSWAMI

JUDGEMENT

(1.) Sheer ignorance of law is writ at large on the face of the impugned order passed by the learned trial Judge.

(2.) This Appeal from Order is filed by Gujarat Maritime Board challenging the order dated 17th April 2004 passed by the 2nd Joint Civil Judge (S.D), Bhavnagar below Exh. 5 in Special Civil Suit No. 112 of 2003.

(3.) Primafacie the suit is not maintainable because if the defendants are not implementing the award, it is open for the plaintiff to take out execution proceedings in accordance with law. Eventhough the suit is yet not decided and eventhough issues are not even framed in the suit, the trial Court has passed an order directing the Gujarat Maritime Board to determine the rent / interest and make payment as per the award. Learned advocate Mr. Nanavati submitted that by the aforesaid order, the appellant Gujarat Maritime Board will be required to pay amount to the tune of Rs.15 Crores by way of interim order. He further submitted that even in a money suit, even though there may be primafacie case, the Court cannot ask the defendants to pay amount unless the claim is admitted by other side. This Court has its own doubt about the maintainability of the suit. Yet the learned trial Judge has shown the audacity to grant a mandatory order asking the Board to pay a substantial amount at an inter locutory stage.