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2008 Supreme(Guj) 207

S.R.BRAHMBHATT
Gujarat State Road Transport Corporation [Ahemdabad] – Appellant
Versus
Hemant Sinh B. Jadeja – Respondent


Advocates:
Appearance :
Mr. Hardik C. Rawal, for the Appellants No. 1-2.
Mr. Maulik J. Shelat, for the Defendant No. 1.

Judgment

S.R. Brahmbhatt, J.— Heard learned Counsel for the parties.

2. The Gujarat State Road Transport Corporation and other - appellants-original defendants have approached this Court by way of this second appeal challenging the operative, part of the decree passed in Regular Civil Appeal No. 30 of 2002 by the District Judge, Rajkot dated 21.09.2006 only to the extent that it contains direction to the appellants to maintain status-quo regarding service of the original plaintiff till he exhausts the alternative remedy, on the ground that said direction could not have been passed when the Court had upheld the contention that dispute of such nature was beyond the purview of Civil Court and party was relegated to the remedy.

3. On 28.02.2008, this Court (Coram : R.H. Shukla, J.) issued notice to the respondent, which was made returnable on 18.03.2008 with a clear understanding that notice was being issued for hearing and finally disposing of the appeal. Both the Counsels have agreed that the second appeal could be decided and disposed of finally looking to the limited controversy in the matter and the matter could be proceeded with on the basis of settled legal proposition of law witho









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