Gujarat Court June 1994 Judgments
The State of Gujarat Vs. State Bank of Saurashtra and anr.
Court: Gujarat
Decided on: Jun-17-1994
Reported in: AIR1995Guj82; (1994)2GLR792
ORDERB.C. Patel, J.1. State of Gujarat has preferred this Revision Application against the order passed by Civil Judge, Senior Division, Amreli on 3-10-1992 on Court-fee Reference No. 4 of 1992 in Special Civil Suit No. 95 of 1989.2. Few facts relevant for the purpose of determining the issue in question are as under:--2.1. Opponent No. 1 herein State Bank of Saurashtra filed a Special Civil Suit No. 95 of 1989 in the Court of Civil Judge, Senior Division, Amreli against the opponent No. 2 herein Karshanbhai Manjibhai Dobaria for recovery of Rs. 35,933/- with interest at the rate of 16% p.a. and cost on 26-9-1989. Opponent No, 1 (hereinafter referred to as the plaintiff) valued the suit at Rs. 35,933/- for the purpose of Court-fees.2.2. In the plaint, in paragraph 3, it isaverred that the opponent No. 2 (hereinafterreferred to as the defendant) has, for agricultural purpose, submitted an application forCash Credit facilities and Cash Credit Facilityof Rs. 1985/- was sanctioned by the p...
Tag this Judgment!Saurashtra Cement Chemical Industries Ltd. and ors. Vs. Esma Industrie ...
Court: Gujarat
Decided on: Jun-16-1994
Reported in: [2001]103CompCas1041(Guj); (1995)1GLR673
M.B. Shah, J.1. The question involved in these appeals is whether injunction granted by the learned single judge should be continued till the company petition filed under Sections 397 and 398 of the Companies Act, 1956, is decided. The hearing of the application for grant or refusal of an injunction pending the hearing of the main matter would not normally take much time. Still however, the matter is required to be heard at length because of heavy stake, the so-called public interest and the vexed questions of law involved in the matter, even though the main company petition is fixed for final hearing shortly. In this background, it would be appropriate to begin with the underlying observations made by Chinnapa Reddy J. in the case of Life Insurance Corporation of India v. Escorts Ltd. [1986] 59 Comp Cas 548 as under (at page 559) :'Problems of high finance and broad fiscal policy which truly are not and cannot be the province of the court for the very simple reason that we lack the ne...
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