IOC LIMITED Vs. DEEPAK V SHUKLA

JUDGEMENT

(1.) Rule. I have heard both the sides at the length at this stage of merits and, therefore, with the consent of the parties, I proceed to decide this application finally by this judgment.

(2.) This application is filed by the original respondent in SCA No. 3887/96 which has been decided by me on 27-1-1997. In the application it has not been specifically stated as to what is the nature of this application but at the time of hearing learned Advocate for the applicant Shri G.N. Shah submitted that the application is an application to review and recall the order passed by this Court on 27-1-1997 in SCA No. 3887/96. It is also submitted by him that this application is filed in pursuance of the order passed by the Division Bench of this Court in LPA No. 206/97. I have perused the Judgment-order given by the Division Bench. But if the order of the Division Bench in LPA No. 208/97 is read carefully then it would be quite clear that there is no direction of the Division Bench to file any application. The Division Bench had only granted opportunity to the petitioner as prayed by the petitioner to approach this Court by an appropriate application for appropriate order. The order of the Division Bench is running as under :

(3.) The Full Bench of this Court in the case of Gujarat University vs. Sonal P. Shah, AIR 1982 (Gujarat) 58 has considered the provisions of Sec. 141 of Code of Civil Procedure and the decisions of the Apex Court and has laid down the following principles as regards the exercising of review powers :