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GUJARAT HIGH COURT
SHARAD D.DAVE, J
LUPIN LABORATORIES LTD. – Appellant
Versus
COMMERCIAL MANAGER (GEB) – Respondent
APPEAL FROM ORDER No 458 of 2001
For the Appellants/Petitioners: NANAVATI ASSOCIATES
For the Respondents: MR NK MAJMUDAR
The court affirmed the conditions of an interim order regarding payment and maintenance of services during pending litigation.
Headnote:In this appeal, the court analyzed the agreement between parties regarding the deposit of Rs.8 lacs and the direction for the trial court to expedite the pending suit (Spl.Civil Suit No. 257 of 2000) for resolution no later than December 31, 2002. The primary questions considered include the legality of the interim directions and the conditions set forth for maintaining power supply, ensuring fairness and adherence to judicial procedures. Ultimately, the appeal was disposed of, solidifying the order made absolute.
| Table of Content |
|---|
| 1. agreement on payment terms and suit resolution (Para 2) |
| 2. maintenance of services during litigation (Para 3) |
| 3. final outcome of appeal (Para 4) |
JUDGEMENT
Rule. Mr. N.K. Majmudar, LA for the respondents waives the service of rule.
2.With the consent of the Ld. Advocates for the parties and the consensus arrived at between the parties, the appellant agrees to deposit Rs.8 lacs towards the communication dtd. 7.8.2000. The parties have further agreed to dispose of the suit at the earliest by filing pleadings. Accordingly the parties are directed to file their pleadings as early as possible with the Trial Court. The Trial Court is hereby directed to dispose of the Spl.Civil Suit No. 257 of 2000, pending in the Court of District Court, Bharuch, preferable before 31st July, 2002 but not later than 31st December, 2002 on receipt of writ.
3.The appellant is hereby directed to deposit Rs. 8 lacs in three equal installments. First instalment will be payable on 5th January, second will be on 20th January, and 3rd will be on 5th February 2002. Further the respondent is directed not to disconnect the power supply of the appellant, till the final out come of the suit. If the appellant fails to deposit the ordered amount within the prescribed time limit, the respondent GEB will be at liberty to disconnect the power supply.
4.Accordingly, this appeal shall stand disposed of. Rule made absolute. In view of the order passed in AO, CA shall stands disposed of.
[ SHARAD D. DAVE, J]
- snt./
