Gujarat High Court Weekly Round-Up: July 18 To July 24, 2022

Sushant Siddhnath Yasu v/s State Of Gujarat 2022 LiveLaw (Guj) 277

Jayeshbhai Jivanbhai Patel v/s Shree Sayan Vibhag Sahakari Khand Udhyog Mandli Ltd & 2 other(s) 2022 LiveLaw (Guj) 278

M/S Mahalaxmi Textiles A Proprietorship Firm Thorugh Its Proprietor Bhartiben Maheshbhai Chevli V/S Syndicate Bank Surat Main Branch 2022 LiveLaw (Guj) 279

M/S Sanganer Enviro Project Development V/S State Of Gujarat 2022 LiveLaw (Guj) 280

Krishna Calibration Services v. Jasmin Bharat Patel 2022 LiveLaw (Guj) 281

Akil Valibhai Piplodwala (Lokhandwala) V/S District Superintendent Of Police, Panchamahal At Godhra 2022 LiveLaw (Guj) 282

ORDERS/JUDGMENTS OF THE WEEK

Consent Of Complainant Prima Facie Established, FIR Lodged With Delay Of 2.5 Yrs: Gujarat High Court Grants Bail To Rape-Accused

Case Title: Sushant Siddhnath Yasu v/s State Of Gujarat

Citation: 2022 LiveLaw (Guj) 277

The Gujarat High Court granted bail to a rape-accused while observing that from the facts and circumstances of the case, it is of the prima-facie view that the alleged act was consensual in nature.

A bench comprising Justice Ilesh Vora observed that the record and photographs of the parties indicate that the parties were in good terms and the applicant was keenly interested to tie the knot with the victim.

'Lost Sense Of How To Speak & Behave': Gujarat High Court Denies Relief To Registered Society Manager Terminated Over Insubordination & Misconduct

Case Title: Jayeshbhai Jivanbhai Patel v/s Shree Sayan Vibhag Sahakari Khand Udhyog Mandli Ltd & 2 other(s)

Citation: 2022 LiveLaw (Guj) 278

Expressing shock towards the misconduct and negligence displayed by the Petitioner, a Manager of a registered Society, in his duties which 'tarnished the image of the society', the Gujarat High Court has dismissed the application for quashing the communication regarding his termination.

Bank Can't Refuse NOC For Release Of Mortgaged Property After Receiving Sale Consideration From Third Party: Gujarat High Court

Case Title: M/S Mahalaxmi Textiles A Proprietorship Firm Thorugh Its Prorprietor Bhartiben Maheshbhai Chevli V/S Syndicate Bank Surat Main Branch

Citation: 2022 LiveLaw (Guj) 279

The Gujarat High Court has held that once the Bank agrees to sell a property mortgaged with it by a loan defaulter and a third party pays full consideration for purchase of said property after entering into a valid agreement with the Bank, the latter cannot turn back and refuse the title deed, no objection certificate/no due certificate.

Justice Vaibhavi Nanavati thus directed the Respondent, Syndicate bank, to release the charge over the property in question and hand over the original title documents of the property to the Applicant (purchaser) within two weeks.

Can't Maintain Proceedings U/S 34 Arbitration Act Before Two Fora: Gujarat High Court

Case Title: M/S Sanganer Enviro Project Development V/S State Of Gujarat

Citation: 2022 LiveLaw (Guj) 280

The Gujarat High Court, while dismissing the Civil Application of the Petitioner which challenged the award of the relevant arbitration, has observed that the Petitioner had 'conveniently' initiated two proceedings- one before the instant Bench and another before the District Court under Sec 34. Keeping in view this circumstance, the High Court rejected the petition.

A Party Can Withdraw Its Consent For Reference To Arbitration Under Section 89 Of The CPC Anytime Before The Court Acts Upon Such Consent: Gujarat High Court

Case Title: Krishna Calibration Services v. Jasmin Bharat Patel, R/Special Civil Application No. 5682 of 2021.

Citation: 2022 LiveLaw (Guj) 281

The Gujarat High Court has held that a party can withdraw its consent for reference to arbitration under Section 89 of CPC anytime before the court has acted upon such a reference.

The Bench of Justice Umesh A. Trivedi was dealing with a Special Civil Application under Article 227 against an order of the Civil Judge whereby the application jointly given by the parties to the proceedings to refer the dispute to the Arbitrator under Section 89(2)(a) of the Code of Civil Procedure, 1908 (hereinafter referred to as 'the Code') came to be rejected on the original plaintiff, who initially consented for the same, withdrew the consent for sending it to the Arbitrator.

Article 19(1)(e) Not Available To Foreigners: Gujarat High Court Refuses To Interfere With Order For Deportation Of Pakistani National

Case Title: Akil Valibhai Piplodwala (Lokhandwala) V/S District Superintendent Of Police, Panchamahal At Godhra

Citation: 2022 LiveLaw (Guj) 282

The Gujarat High Court has recently dismissed the writ petition of a Pakistani citizen challenging the decision of the Superintendent of Police which directed him to leave India within 24 hours of receipt of the notice. Justice AS Supehia also reiterated:

"In the present case, indubitably, the petitioner is a Pakistan citizen and as per the law enunciated by the Apex Court, he cannot invoke Articles 14 and 19 of the Constitution of India, hence, he has no right to enter and remain within the territories of India. He is bound to the act, as per the order dated 14.07.2022 passed by the respondent authorities."

Other updates from the High Court

Can Renewal Of Passport Be Denied Citing Pendency Of Criminal Contempt Proceedings? Gujarat High Court To Examine

Case Title: Vishwas Sudhanshu Bhamburkar v/s The Regional Passport Officer

The Bench comprising Justice AS Supehia at the Gujarat High Court has issued notice to the Regional Passport Officer at Ahmedabad in light of a petition challenging its decision refusing renewal of passport on account of pendency of criminal contempt proceedings against the applicant.

The Petitioner claimed that the Respondent had invoked Section 6(2)(f) of the Passport Act to reject renewal of passport because the Petitioner was facing charges of criminal contempt at the Bombay High Court. Thus, the High Court will examine whether the passport office can deny renewal of passport if the Applicant faces contempt of court charges.