MAHESHKUMAR DINANATH JHUNJHUNWALA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE captioned petition has been placed before this Court by way of Reference made by the learned Single Judge while disagreeing with the law laid down in the case of Hasmukhlal Kalidas Choksi and others V/s. State of Gujarat,2007 1 GLH 12. The terms of Reference are as under :

(2.) BRIEF facts giving rise to the Reference are as under :

(3.) WE have heard Mr. J.B. Pardiwala, learned advocate for Mr. K.B. Anandji, learned advocate of the Petitioner, Mr. Harin P. Raval, learned Assistant Solicitor General for Respondent No. 1 Union of India and also Ms. Archana Raval, learned APP for Respondent No. 2 and also perused the order dated 19 -11 -2007 passed by the learned Single Judge, referring the matter to larger bench to answer the question posed in the Reference and also the judgments referred to in the said order.