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1994 Supreme(Guj) 153

H.L.GOKHALE, M.B.SHAH, Y.B.BHATT
MUNICIPAL CORPORATION OF AHMEDABAD – Appellant
Versus
VOLTAS LIMITED – Respondent


Advocates Appeared: A.C.GANDHI, A.H.Mehta, B.P.TANNA, N.J.MODI

Y. B. BHATT, J.

( 1 ) THIS group of Civil Applications has been referred to this bench by a Division Bench (Coram : R. A. Mehta and R. D. Vyas, JJ.) by its order dated 21/07/1992. Although the order of reference does not specifically set out the question (s) required to be considered by this bench, it appears that the reference has been made since the referring bench did not agree with the orders passed by some other Benches refusing to condone the delay, including orders passed by a Division Bench of C. V. Jani and R. K. Abichandani, JJ. in Civil Application No. 587 of 1990 dated 24-6-1992, in Civil Application No. 539 of 1990 (and the Group) dated 25-6-1992, and in Civil Application No. 716 of 1990 (and the Group) dated 26-6-1992.

( 2 ) WE have been taken through the earlier orders passed by the Bench of C. V. Jani and R. K. Abichandani, JJ. and from a perusal of the same it appears to us that the same are orders or decisions based on the facts and merits of those cases. It does not appear to us that the rejection of those applications was based on any principle of law. However, since these matters have been placed before us, we shall examine the same in the light of the observati


























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