(PER : HONOURABLE MR.JUSTICE S.R.BRAHMBHATT) Leave to amend the affidavit.
In the morning, learned advocate appearing for the Association made a mention that Board's order dated 30.4.2016 for closing down the unit are respected and accordingly, units will be closed down. However, said order contained direction for disruption and disconnection of electric supply, which would adversely affect the fish already processed and stored fish meant for export purpose and if that happened, the fishermen and persons storing the fish after process will have to suffer losses, which is not likely to benefit anyone and therefore, the Association, who represent the entire industry is making affidavit to the effect that units, Page 1 of 2 HC-NIC Page 1 of 2 Created On Tue May 03 00:49:09 IST 2016 C/MCA/3204/2015 ORDER which are mentioned at Annexure - R1 will remain closed till clarification is obtained from the courts and electric supply may not be disrupted, however, the same shall not be used for any purpose i.e. processing, cleaning, etc but it will be used only for maintaining the temperature in cold storage so that already processed fish may not be spoiled and it could be preserved for export.
Shri Sanghavi, learned advocate appearing for applicant submitted that his client is not insisted for any damage to anyone but his anxiety is of pollution. Accordingly, looking to anxiety, we are inclined to observe that the order of board shall remain and take effect under which the clarification is sought and said order will be scrupulously followed till clarification is obtained. We are also clarifying that order compliance whereof is subject matter of present matter being order dated 30.4.2016 shall not be construed as witthaldown down,.... the order passed by Board. We are not directing the board not to insist that disruption or disconnection of electric supply, which has been used for maintaining temperature in the cold storage which contained already processed fish. S.O to 27.06.2016. Direct service permitted to respondents.
(S.R.BRAHMBHATT, J.) (B.N. KARIA, J.) pallav Page 2 of 2 HC-NIC Page 2 of 2 Created On Tue May 03 00:49:09 IST 2016