2008 (4) TMI 325

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... Leave to amend. Rule. Mr Harin Raval, learned Assistant Solicitor General waives service of Rule for the respondent in both the petitions. In the facts and circumstances of the case, the petitions are taken up for final disposal today. 2. In these petitions under Article 226 of the Constitution, the petitioners Jitendra Textiles and Ajay Textiles two partnership firms having common partners....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....rection against the present respondent to permit the petitioners to run the factories. It appears that while the Civil Court granted interim injunction and the District Court, Surat confirmed the same, in Special Civil Applications filed by the Department, this Court set aside the orders of the Civil Court, as confirmed by the District Court, and directed the petitioners to make representations to....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....itted that initially the petitioners will deposit a sum of Rs. 1 lakh by 30th April, 2008 and thereupon the respondent may permit the petitioners to run the factories so that the petitioners can restart their business and from the income generated by running the factories, the petitioners will be able to pay the balance amount of Rs. 5,68,850/-. 5. Having heard the learned advocate for the peti....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ual monthly instalments; the first such installment being payable on 1st November 2008 and the subsequent monthly installments shall be paid on the first day of each succeeding month i.e. from 1st December, 2008 onwards. The seals shall be removed from the factories after the petitioners deposit the first installment of Rs. 1 lakh with the respondent. It is clarified that the undertaking giv....