BHASKAR BHATTACHARYA, J.B.PARDIWALA
SANDEEP TEXTURISERS PVT LTD – Appellant
Versus
STATE OF GUJARAT – Respondent
BHASKAR BHATTACHARYA, J.
1. This Letters Patent Appeal is at the instance of unsuccessful writ-petitioners and is directed against an order dated 1st May 2012 passed by a learned Single Judge of this Court in Special Civil Application No. 6176 of 2012 by which His Lordship dismissed the writ-petition summarily on the ground of existence of alternative remedy.
2. The facts leading to the filing of this Letters Patent Appeal may be summed up thus:-
2.1 A mortgage deed was executed between the respondents No. 5 and 6 on the one hand and the respondent No.7 on the other. The said deed was executed for securing the financial assistance given by the respondents No. 5 and 6 to the respondent No.7. According to law, all duties including stamp duty etc. for execution and registration of the mortgage-deed were to be borne by the respondent No.7.
2.2 Subsequently, the mortgage dues of the respondent No. 6 were settled and the respondent No.6 released its mortgage-interest on the property in question. However, so far as the mortgage dues of the respondent No.5 were concerned, the respondent No.7 made default in payment of the dues and thus, the mortgage-interest continued between the resp
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