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2021 Supreme(Guj) 36

VINEET KOTHARI, GITA GOPI
Gujarat Industrial Development Corporation (GIDC) Ltd. – Appellant
Versus
Dhruv EPC Solutions Pvt. Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. R.R. Marshal, Mr. R.D. Dave.
For the Respondent: Mr. R.V. Deshmukh.

JUDGMENT :

GITA GOPI, J.

1. The appellant, Gujarat Industrial Development Corporation (for short ‘Corporation’) has approached this Court under Clause 15 of the Letters Patent, challenging the order dated 12/16.08.2016 passed by the learned single Judge in Special Civil Application No. 12391 of 2013, by which the learned single Judge directed the appellant Corporation to refund Rs. 1,75,37,460/- with 6% interest p.a. from 30.10.2012, i.e. the date when the Corporation for the first time offered refund, till its payment, within a period of six weeks from the date of receipt of the order and in failure to comply the order within the said period, the present respondent was held to be entitled to receive interest @ 8% from the aforesaid period till the amount was realized.

2. The appellant Corporation has challenged the impugned order on the grounds inter-alia contending that the learned Single Judge has failed to appreciate the facts of the case in its proper perspective and has committed an error in holding that owing to the mistake on the part of the appellant Corporation in not sending the offer-cum-allotment letter in the name of the new Company, the present respondent was unable to

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