SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2012 Supreme(Guj) 528

BHASKAR BHATTACHARYA, J.B.PARDIWALA
SANDEEP TEXTURISERS PVT LTD – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates appeared:
MR. ISHAN MIHIR PATEL for Appellants.
MRS. KRINA CALLA, ASST. GOVT. PLEADER for Respondents: 1 - 3.
NOTICE SERVED for Respondents: 4, 7.
MR. NANDISH CHUDGAR for NANAVATI ASSOCIATES for Respdt: 5.
NOTICE UNSERVED for Respondent: 6.

JUDGMENT

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












































































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top