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2025 Supreme(Guj) 1702

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SANGEETA K.VISHEN, SANJEEV J.THAKER
Movers & Co. Thro' Proprietor – Appellant
Versus
Gas Authority Of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr Pravin P Panchal, Mr Ruturaj Nanavati
For the Respondent: Mr Dhaval Shah

Table of Content
1. overview of case and claims (Para 1)
2. defendant's contentions and arguments (Para 3 , 4 , 5)
3. court's analysis and reasoning (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25)
4. decisions on appeals (Para 26 , 27)
5. final judgment and order (Para 28 , 29)

JUDGMENT :

(PER : HONOURABLE MR.JUSTICE SANJEEV J.THAKER)

1. Since the captioned first appeals are arising out of the judgment and decree dated 13.12.2006 (hereinafter referred to as “the impugned judgment”) passed by the learned 2nd Additional District Judge, Morbi, District Rajkot in Special Civil Suit no.86 of 2001 (hereinafter referred to as “the suit”), with the consent of the learned advocates appearing for the respective parties, both the appeals are decided and disposed of by this common CAV judgment. For the sake of convenience, the parties are referred to as per their original status in the suit.

1.1 First Appeal no.2521 of 2007, has been filed by the defendant no.2 challenging the impugned judgment whereby, the learned Judge, has while partly allowing the suit, ordered the plaintiff to recover from the defendant no.2 the amount of Octroi i.e. Rs.18,37,0

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