Court denies final hearing before vacation, orders stay on coercive steps, requires Rs. 5 crores deposit.

The court denied the appellant's request for a final hearing before the Diwali vacation but acknowledged the need for expediting the case. The matter was scheduled for consideration on merits, emphasizing the importance of expediting the case based on the Single Judge's reasoning. The court ordered a stay on coercive steps by the respondents until the next hearing, subject to the appellant depositing Rs. 5 crores in two installments. The appellant was directed to deposit Rs. 2.5 crores within 10 days and the remaining amount within three weeks. The court noted the respondent's request for the appellant to deposit 50% of the amount before the next hearing for examination.

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Issues involved:
1. Request for final hearing before Diwali vacation
2. Consideration of matter on merits
3. Stay on coercive steps by respondents
4. Deposit of Rs. 5 crores in two installments by the appellant
5. Request for appellant to deposit 50% of the amount before next hearing

Issue 1: Request for final hearing before Diwali vacation
The appellant's counsel requested for a final hearing before the Diwali vacation. However, due to the proximity of the vacation, the court deemed it inappropriate to take up the main appeal on this side of the vacation for disposal. Despite this, the court acknowledged the need for expediting the matter based on the reasoning recorded by the learned Single Judge.

Issue 2: Consideration of matter on merits
The court scheduled the matter for consideration on merits on 30.11.2017. Both counsels, Mr. Mihir Thakore for the appellant and Mr. Mihir Joshi for the first respondent, were heard. The court emphasized the importance of expediting the case based on the Single Judge's reasoning.

Issue 3: Stay on coercive steps by respondents
The court ordered that until the next hearing date, the respondents, Kandla Port Trust, shall not take any coercive steps. However, this stay was subject to the condition that the appellant deposits Rs. 5 crores in two installments. The appellant was directed to deposit Rs. 2.5 crores within 10 days and the remaining amount within three weeks from the current date.

Issue 4: Deposit of Rs. 5 crores in two installments by the appellant
The appellant was instructed to deposit Rs. 5 crores in total, with Rs. 2.5 crores to be paid within 10 days and the remaining Rs. 2.5 crores within three weeks. Failure to comply with these deposit requirements could affect the stay on coercive steps by the respondents.

Issue 5: Request for appellant to deposit 50% of the amount before next hearing
During the proceedings, the respondent's counsel requested that the appellant be directed to deposit at least 50% of the amount before the next hearing date. This request was noted for examination during the next hearing when the matter would be heard on merits. The court permitted direct service on the same day as the proceedings.

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