High Court of Gujarat

IHX (UK) LIMITEDversusASHAPURA MINECHEM LIMITED

Disposal: DISPOSED AS INFRUCTUOUS
Bench: HEMANT M PRACHCHHAK

Holding

The petition is dismissed as infructuous because the same grievance has already been decided.

Summary

The petitioner, IHX (UK) Limited, filed a Special Civil Application seeking relief against Ashapura Minechem Limited and another respondent. During the hearing, counsel for the petitioner pointed out that a cognate matter, Special Civil Application No. 12021 of 2009, had already been decided by a coordinate bench of the same court, and a Letters Patent Appeal on that matter had also been disposed of. The court held that the grievance raised in the present petition no longer survived any longer. Consequently, the petition was declared infructuous, the rule was discharged, and any interim relief was vacated. The order effectively dismissed the petition without further consideration of merits.

Issues considered

Whether the present petition is maintainable when the same grievance has already been adjudicated in a coordinate bench and the related appeal disposed.

Subjects

infructuous petitioncoordinate benchspecial civil applicationpetition dismissedjudicial efficiency

Judgment

        C/SCA/12583/2009                                                        ORDER DATED: 08/04/2026




               IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                 R/SPECIAL CIVIL APPLICATION NO. 12583 of 2009

================================================================
                                  IHX (UK) LIMITED
                                        Versus
                          ASHAPURA MINECHEM LIMITED & ANR.
================================================================
Appearance:
MR RS SANJANWALA(728) for the Petitioner(s) No. 1
M/S WADIAGHANDY AND CO(5679) for the Respondent(s) No. 1,2
================================================================

  CORAM:HONOURABLE MR. JUSTICE HEMANT M.
        PRACHCHHAK

                                            Date : 08/04/2026

                                                    ORDER


          When the matter is taken up for hearing, learned senior counsel
Mr. R.S. Sanjanwala, appearing on behalf of the petitioner, has
submitted that, cognate matter tagged with the present petition being
Special Civil Application No. 12021 of 2009 has already been decided
by the Co-ordinate Bench of this Court, against which, Letters Patent
Appeal was also preferred, which is also disposed of and therefore,
the grievance raised in the present petition does not survive any
longer and the present petition has become infructuous.


          In view of above, present petition stands disposed of as having
become infructuous. Rule is discharged. Interim relief, if any, stands
vacated forthwith.

                                                                   (HEMANT M. PRACHCHHAK,J)

Dolly




Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: DOLLYBEN CHETANBHAI VADUKAR(HC01392), PRIVATE SECRETARY, at High Court of Gujarat on 08/04/2026 17:12:31


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