- (1.) Delay condoned.
(2.) The judgment and order under challenge was passed by a learned Single Judge of the High Court of Gujarat; He declined to follow the judgment of another learned Single judge of that High Court. He said: "learned counsel for the petitioner then submitted that if 1 am inclined to take a different view in the matter, this revision may be referred to a larger bench. This request is rejected as I consider this unnecessary". This is clearly impermissible.
(3.) Learned Counsel for the respondent submitted that we should not interfere because, later, a Division Bench had accepted as correct the view that was taken in the judgment under challenge. He also submitted that we should not interfere having regard to the facts of the case.;