TATA CHEMICALS LTD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) ADMIT. Ms. Krina Calla, learned Assistant Government Pleader waives service of notice of admission on behalf of respondent No. 1.

(2.) WITH the consent of the learned advocates appearing on behalf of the respective parties, the present Appeal from Order is taken up for final hearing today.

(3.) THE present Appeal from Order under Order XLIII Rule (1) of the Code of Civil Procedure has been preferred by the appellant herein- original plaintiff challenging the impugned order dated 30th September,2008 passed by learned Principal Senior Civil Judge, Khambhalia below Exh-5 in Special Civil Suit No. 14 of 2006. The appellant herein - original plaintiff has instituted Special Civil Suit No. 14 of 2006 in the Court of learned Principal Senior Civil Judge, Khambhalia challenging various "notices of Demand" issued under Section 152 of the Bombay Land Revenue Code,1979 by respondent No. 2 herein seeking to recover non-agricultural assessment at the rate mentioned in the said Notices of Demand. In the said suit, appellant herein- original plaintiff submitted application Exh-5 for interim injunction restraining the defendants from making any recovery on the basis of disputed "notices of Demand" total amounting to Rs. 22,89,000/ -. Considering the fact that there was already one Suit filed earlier being Special Civil Suit No. 3 of 1999 with respect to similar levy filed by the original plaintiff, which was dismissed and another suit being Special Civil Suit No. 4 of 2000 filed by the very appellant herein- original plaintiff, which was allowed, learned Judge by the impugned order dismissed the said application Exh-5. Hence, the appellant herein- original plaintiff has preferred the present Appeal from Order.