- (1.)Leave granted. Being aggrieved by the judgment dated 1st November, 2007 delivered in Civil Application No. 1437 of 2007 with Civil Application No. 1438 of 2007 with Civil Application No. 1439 of 2007 in Misc. Civil Application No. 2706 of 2006 in Special Civil Application No. 15239 of 2006 by the High Court of Gujarat at Ahmedabad, these appeals have been filed by some of the original Respondents.
(2.)At the time of hearing of these appeals, on behalf of the Appellants several arguments had been advanced. Most of them were in the nature of preliminary objections because according to the learned Counsel appearing for the Appellants, the original petition. Special Civil Application No. 15239 of 2006 had been filed by way of a Public Interest Litigation by Shri Nirav Shah after considerably long period and that too when the aggrieved person had already filed a petition on the same subject matter. It had also been submitted that the PIL ought not to have been entertained by the High Court because the one who had interest in the litigation had already filed Special Civil Application No. 21996 of 2005 and the said fact had also been referred to in the PIL filed by Shri Nirav Shah. It had been, therefore, prayed that the impugned judgment deserved to be quashed.
(3.)On the other hand, the learned Counsel appearing for the contesting Respondents had supported the impugned judgment delivered by the High Court and had submitted that the appeals deserved dismissal.