2023 (11) TMI 357

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....rance In Special Civil Application No. 19183 of 2023: For the Petitioner(s) No. 1,2 : Mr Mihir Joshi, Senior Counsel With Mr Sandeep Singhi, Advocate For Singhi & Co For the Respondent(s) No. 1,3,4 : Mr Devang Vyas, Asg With Mr Priyank Lodha, Senior Standing Counsel For the Respondent(s) No. 2 : Mr. Trupesh C. Kathiriya, Assistant Government Pleader/PP Appearance In Special Civil Appli....

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.... 3. Essentially, the question that requires our consideration is whether the petitioners' platform which is used for gaming would fall within an actionable claim amounting to betting and gambling. Essentially, it is the case of the learned Senior Advocate Mr. Joshi that it is not an actionable claim which is sought to be so conveyed in the show cause notice. He has relied on the provisions of Sect....

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....claim of similar kind. 5. Similarly, the Rajasthan High Court in the case of Chandresh Sankhla vs State of Rajasthan and Others reported in 2020(2) RLW 1601 (Raj.) decided a similar issue i.e. whether there is an element of betting/ gambling. The said issue has now attained finality by way of a decision of the Apex Court in SLP (Civil) Diary No. 18478 of 2020 in favour of the petitioner therein....

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....n of the show cause notice. It shall however be open to the petitioner to file a response to the show cause notice. 9. Direct service is permitted. ORDER IN SPECIAL CIVIL APPLICATION NO. 19243 OF 2023 1. Heard Mr. Tushar Hemani, learned Senior Counsel appearing with Mr. Abhay Desai, learned advocate for the petitioner and Mr. Devang Vyas, learned Additional Solicitor General appearing wit....