BHAVANI CHEMICALS THRO PARTNERRAJESH KANUBHAI DESAI vs UNION OF INDIA THRO SECRETARY & 1

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

GUJARAT HIGH COURT
BHASKAR BHATTACHARYA, CJ, J.B. PARDIWALA, J
BHAVANI CHEMICALS THRO PARTNERRAJESH KANUBHAI DESAI – Appellant
Versus
UNION OF INDIA THRO SECRETARY & 1 – Respondent

Advocates:
For the Appellants/Petitioners: MR SN SOPARKAR, MR AMAR N BHATT, MR MIHIR JOSHI
For the Respondents: MR PS CHAMPANERI, MR KI SHAH, MR VISHWAS K SHAH, MR MASOOM K SHAH

Table of Content
1. the maintainability of writ applications arising from contractual obligations with the state depends on the presence of public law elements. (Para 2 , 8 , 18)
2. appellants challenged retrospective price adjustments in gas supply agreements based on directives from governmental authorities. (Para 6 , 15)
3. court's recognition that the dispute shall be heard by a division bench as it involves public interest considerations. (Para 22 , 24 , 26)

JUDGEMENT

(Per: HONOURABLE THE CHIEF JUSTICE MR.BHASKAR BHATTACHARYA)

1. All these Letters Patent Appeals were heard together as similar questions of law are involved herein and at the same time, all these appeals were directed against a common order dated September 26, 2012 passed by a learned Single Judge of this Court, by which, His Lordship refused to entertain the Special Civil Applications filed by various writ-petitioners on the sole ground that the disputes involved therein arose out of a contract between the writ-petitioners and the respondent No.2 and the same did not have any element or ingredient of public law and thus, the appropriate remedy of the writ- petitioners lay by approaching Civil Court for reso

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GUJARAT HIGH COURTBHASKAR BHATTACHARYA, CJ, J.B. PARDIWALA, JBHAVANI CHEMICALS THRO PARTNERRAJESH KANUBHAI DESAI – AppellantVersusUNION OF INDIA THRO SECRETARY & 1 – Respondent

GUJARAT HIGH COURT
BHASKAR BHATTACHARYA, CJ, J.B. PARDIWALA, J
BHAVANI CHEMICALS THRO PARTNERRAJESH KANUBHAI DESAI – Appellant
Versus
UNION OF INDIA THRO SECRETARY & 1 – Respondent