Gujarat High Court Weekly Round Up: May 16 To May 22, 2022

NOMINAL INDEX Essar Steel Limited & 1 other(s) v State Of Gujarat & 1 other(s) 2022 LiveLaw (Guj) 168 Jitendrabhai Arjanbhai Roy Versus The Director Of Agricultural Marketing And Rural Finance 2022 LiveLaw (Guj) 169 Axis Bank Limited vs State Of Gujarat 2022 LiveLaw (Guj) 170 Virani Enterprise vs State Of Gujarat 2022 LiveLaw (Guj) 171 M/S S K Industries Through Sajid Ibrahim Memon Versus State Of Gujarat 2022 LiveLaw (Guj) 172 Vaishali Nishit Patel vs State Of GujaratVaishali Nishit Patel vs State Of Gujarat 2022 LiveLaw (Guj) 173 State Of Gujarat vs Ajaybhai Champaklal Champaneri 2022 LiveLaw (Guj) 174 The Ol Of M/S Neelnandan Polymers Limited (In Liqn) V/S Suresh Gopichand Keswani 2022 LiveLaw (Guj) 175 Vivekkumar Kamalniranjan Kushwaha V/S State Of Gujarat 2022 LiveLaw (Guj) 176 ORDERS/JUDGMENTS OF THE WEEK All Related Proceedings Stand Discharged, Settled, Abated, & Extinguished On Approval Of Resolution Plan: Gujarat High Court Case Title: Essar Steel Limited & 1 other(s) v State Of Gujarat & 1 other(s) Citation: 2022 LiveLaw (Guj) 168 The High Court reiterates the legal position and has allowed the civil application filed by Essar Steel Limited seeking declarations that the claims raised by the original espondent stand abated and extinguished in view of Section 31(1) of the Insolvency and Bankruptcy Code read with the Resolution Plan and the judgement passed by the Supreme Court in Essar Steel India Limited vs Satish Kumar Gupta and Ors. Inclusion/ Exclusion Of Name In Voters' List Not An Extraordinary Circumstance Warranting Interference U/Art 226 Constitution: Gujarat HC Reiterates Case Title: Jitendrabhai Arjanbhai Roy Versus The Director Of Agricultural Marketing And Rural Finance Citation: 2022 LiveLaw (Guj) 169 The Gujarat High court has reiterated that removal of a person's name from the voters' list is not an "extraordinary circumstance" warranting invocation of High Court's extraordinary jurisdiction under Article 226 of the Constitution. It held that a person aggrieved must avail statutory remedy by filing election petition under Rule 28. A Bench comprising Justice Biren Vaishnav and Justice Sandeep Bhatt affirmed the following observations made by a single judge, "Once the process of election has been set in motion this Court under Article 226 of the Constitution of India would not interfere in the election process. Accordingly this Court is not inclined to interfere with the impugned order passed by the respondent No.3 and relegate the writ applicant to avail statutory remedy by filing election petition under Rule 28. The rejection of the writ-applicant's name from the voters' list results in exclusion of name of the writ-applicant from the voters' list...the writ-applicant can avail the benefit of provisions of Rule 28 of the Rules by filing the election petition. The authority under Rule 28 has wide power to cancel and, confirm and amend the election and also to direct to hold fresh election in case the election is set aside and the remedy under Rule 28 is an efficacious remedy." SARFAESI Act | State Can't Claim Preference Over Subject Property For Recovery Of Dues Towards Tax In Auction Proceedings Of A Secured Asset: Gujarat HC Case Title: Axis Bank Limited vs State Of Gujarat Citation: 2022 LiveLaw (Guj) 170 What came to be purchased by the writ-applicant in the auction proceedings conducted by the Bank of Baroda was a secured asset under the provisions of the SARFAESI Act. In such circumstances, the State cannot claim preference over the subject property for the purpose of recovery of the dues towards tax. It is not in dispute that the first charge was created in favour of the bank and the bank in exercise of its powers under the SARFAESI Act, put the subject property to auction", the Gujarat High Court has observed. Even God Gave Benefit Of 'Audi Alteram Partem' To Adam & Eve, Principles Of Natural Justice Sine Qua Non In Civilised Society: Gujarat High Court Case Title: Virani Enterprise vs State Of Gujarat Citation: 2022 LiveLaw (Guj) 171 Emphasizing on the importance of principles of natural justice in a "civilized society", the Gujarat High Court observed, "the benefit of audi alteram partem principle was even extended to Adam and Eve, even by God before they were punished for disobeying His command. This signifies that even if the authority already knows everything and the person has nothing more to tell, even then this rule of natural justice is attracted, unless application of this rule would be a mere empty formality." Customs Act | Gujarat High Court Endorses Expeditious Disposal Of Case Property, Orders Release Of Base Oil Worth ₹67 Lakhs Subject To Surety Case Title: M/S S K Industries Through Sajid Ibrahim Memon Versus State Of Gujarat Citation: 2022 LiveLaw (Guj) 172 The High Court has endorsed the "expeditious...

Gujarat High Court Weekly Round Up: May 16 To May 22, 2022

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