DWARKA TALUKA PANCHAYAT Vs. TATA CHEMICALS LTD

JUDGEMENT

(1.) SINCE in these two petitions identical question of law and facts arise, they have been heard together and are disposed of by this common order.

(2.) PARTIES in these petitions are common. Petitioner Taluka Panchayat is challenging a common order dated 14th February 2006, passed by the Principal Senior Civil Judge, Jamkhambhaliya in Regular Civil Suit No.4/2000 below Exh.78 and 84.

(3.) THE respondents have preferred the above mentioned Civil Suit resisting certain recoveries sought to be made by the petitioner. At interim stage the issues initially reached this Court and ultimately before the Apex Court. The Apex Court by an order dated 22nd March, 2004 by way of an interim relief has directed the opponents herein to pay the dues fallen in arrears with effect from 1st January, 2000 within a period of six weeks from the date of the order and further directed them to continue to pay the arrears falling due year after year within the stipulated time. It is also directed that for the arrears as per the demand contained in the notice dated 18th November, 1999 they shall furnish bank guarantee within six weeks. Ultimately, the appeal of the original plaintiffs came to be disposed of by an order dated 5th October, 2005 requiring the trial Court to dispose of the suit expeditiously. Thereafter, the respondents sought amendments in the civil suit by filing applications Exh.78 and 84. Through such amendments, the plaintiffs desired to add certain grounds and certain prayers in the pending suit. These applications came to be allowed by impugned order passed by the learned trial Judge.