Goan Real Estate & Construction Ltd. & Anr. Vs. People’s Movement for Civic Action & Ors.
EmailAppeal: Transfer Petition (Civil) No. 758 of 2008
[Under Section 25 of the Code of Civil Procedure, 1908]
[Under Section 25 of the Code of Civil Procedure, 1908]
Petitioner: Goan Real Estate & Construction Ltd. & Anr.
Respondent: People’s Movement for Civic Action & Ors.
Apeal: Transfer Petition (Civil) No. 758 of 2008
[Under Section 25 of the Code of Civil Procedure, 1908]
[Under Section 25 of the Code of Civil Procedure, 1908]
Judges: J.M. Panchal, J.
Date of Judgment: Mar 31, 2010
Appearances:
Appearances
Mr. G.E. Vahanvati, A.G. of India, Mr. Mukul Rohtagi and Mr. K.K. Venugopal, Senior Advocates, Mr. Mahesh Agarwal, Mr. Rishi Agrawala, Mr. Mohammed Himayatullah, Mr. Saurabh Kirpal, Ms. Rohma Hameed (for Mr. E.C. Agrawala), Ms. Anitha Shenoy, Ms. Noma Alvares, Ms. Mamta Saxena, Mr. Gopal Shankar Narayanan, Mr. Sanjay Parikh, Mr. Anish R. Shah, Ms. Manjula Gupta, Mr. Mihir Chatterjee and Mr. Devdatt Kamat, Advocates, with them, for the appearing parties.
Mr. G.E. Vahanvati, A.G. of India, Mr. Mukul Rohtagi and Mr. K.K. Venugopal, Senior Advocates, Mr. Mahesh Agarwal, Mr. Rishi Agrawala, Mr. Mohammed Himayatullah, Mr. Saurabh Kirpal, Ms. Rohma Hameed (for Mr. E.C. Agrawala), Ms. Anitha Shenoy, Ms. Noma Alvares, Ms. Mamta Saxena, Mr. Gopal Shankar Narayanan, Mr. Sanjay Parikh, Mr. Anish R. Shah, Ms. Manjula Gupta, Mr. Mihir Chatterjee and Mr. Devdatt Kamat, Advocates, with them, for the appearing parties.
Head Note:
CIVIL LAWS
Civil Procedure Code, 1908
Section 25 – Transfer – Writ pending at Goa Bench of Bombay High Court – Prayer to transfer and to be heard along with SLP No. 16728/2008 – Said SLP converted into appeal and said appeal disposed of on 28.08.2008 – Writ in form of PIL, still pending. Held, no case is made out for transfer. Application rejected. (Paras 1, 2)
Civil Procedure Code, 1908
Section 25 – Transfer – Writ pending at Goa Bench of Bombay High Court – Prayer to transfer and to be heard along with SLP No. 16728/2008 – Said SLP converted into appeal and said appeal disposed of on 28.08.2008 – Writ in form of PIL, still pending. Held, no case is made out for transfer. Application rejected. (Paras 1, 2)
JUDGEMENT:
J.M. Panchal, J.
1. By filing this petition under Section 25 of the Code of Civil Procedure, 1908, the petitioners who are original respondent Nos.6 and 7 before the High Court in PIL Writ Petition No.403 of 2007 have prayed to transfer the proceedings of PIL Writ Petition No.403 of 2007 titled as People’s Movement for Civic Action and Anr. v. Goa Coastal Management Authority & Ors. pending before the High Court of Judicature at Bombay, Bench at Goa, Panaji to this Court and be heard along with Special Leave Petition (Civil) No.16728 of 2008. This Court has heard the learned counsel for the parties. It may be mentioned that the petitioner had filed Writ Petition (Civil) No.329 of 2008 which has been disposed of by a separate judgment. On leave being granted in Special Leave Petition (Civil) No.16778 of 2008, Civil Appeal No.5281 of 2008 was registered. The said appeal was disposed of by judgment dated August 28, 2008 while disposing of the appeal, the petitioners were permitted to complete the incomplete construction work done by them at their own risk and cost. PIL Writ Petition No.403 of 2007 is pending before the High Court of Judicature at Bombay, Bench at Goa, Panaji since long.
2. No case is made out by the petitioners to withdraw to transfer the said writ petition to this Court and decide the same along with Special Leave Petition No.16728 of 2008. Therefore, the instant application is liable to be rejected. For the foregoing reasons the application fails and rejected. There shall be no order as to costs.
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1. By filing this petition under Section 25 of the Code of Civil Procedure, 1908, the petitioners who are original respondent Nos.6 and 7 before the High Court in PIL Writ Petition No.403 of 2007 have prayed to transfer the proceedings of PIL Writ Petition No.403 of 2007 titled as People’s Movement for Civic Action and Anr. v. Goa Coastal Management Authority & Ors. pending before the High Court of Judicature at Bombay, Bench at Goa, Panaji to this Court and be heard along with Special Leave Petition (Civil) No.16728 of 2008. This Court has heard the learned counsel for the parties. It may be mentioned that the petitioner had filed Writ Petition (Civil) No.329 of 2008 which has been disposed of by a separate judgment. On leave being granted in Special Leave Petition (Civil) No.16778 of 2008, Civil Appeal No.5281 of 2008 was registered. The said appeal was disposed of by judgment dated August 28, 2008 while disposing of the appeal, the petitioners were permitted to complete the incomplete construction work done by them at their own risk and cost. PIL Writ Petition No.403 of 2007 is pending before the High Court of Judicature at Bombay, Bench at Goa, Panaji since long.
2. No case is made out by the petitioners to withdraw to transfer the said writ petition to this Court and decide the same along with Special Leave Petition No.16728 of 2008. Therefore, the instant application is liable to be rejected. For the foregoing reasons the application fails and rejected. There shall be no order as to costs.
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