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2022 Supreme(Guj) 1486

A. P. THAKER
Managing Director – Appellant
Versus
Amrutlal Dhanjibhai Patel – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Dharmesh Devnani, Adv. With Mr. Kaustubjh Srivastava, Adv. For Nanavati Associates
For the Respondent:Mr. Yatin Oza, Sr. Advocate With Nilesh Pandya, Adv. And Mr. Devendra G Rana, Adv.

JUDGMENT :

1. The present Appeal has been filed under Section 100 of the Civil Procedure Code (CPC) by the original defendants against the judgment and decree dated 23.11.1994 passed by the learned 2nd Extra Assistant Judge of Panchmahal District at Godhra, in Regular Civil Appeal No. 51 of 1994 whereby the Appeal filed by the original plaintiff came to be allowed and the judgment and decree dated 4.10.1994 of the trial Court passed in Regular Civil Suit No. 52 of 1986 came to be set-aside.

2. The Appellant is the defendant before the trial Court and the respondent is the plaintiff before the trial Court. For the brevity and convenience, the parties are referred to in this judgment as per the character assigned to them before the trial Court i.e. defendant and plaintiff respectively.

3. The present appeal has been admitted on 17.8.2021 on the following two substantial questions of law :

    1. Whether the appellant Company can said to be 'State' within the meaning of Article 12 of the Constitution of India, inspite of being format under Companies Act, 1956?

2. Whether the respondent Plaintiff can be granted relief under the Specific Relief Act, which is a relief in equity?

4. The brief fact

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