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SCA/5242/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 5242 of 2008
=========================================================
MADHYA
GUJARAT VIJ COMPANY LTD - Petitioner(s)
Versus
NILESHBHAI
NAVINCHANDRA HINGU - Respondent(s)
=========================================================
Appearance :
MS
LILU K BHAYA for Petitioner(s) : 1,
MR BS
PATEL for Respondent(s) : 1,
MRS RANJAN B PATEL for Respondent(s)
: 1,
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CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 06/08/2008
ORAL
ORDER
1. By
way of this present petition under Article 227 of the Constitution of
India, the petitioner ? original defendant has prayed for an
appropriate Writ, direction and/or order quashing and setting aside
the order dated 29.02.2008 passed by the learned Presiding Officer,
Fast Track Court No.12, Vadodara below Exh.5 in Civil Suit No.10 of
2008.
2. Mr.B.S.Patel,
learned Advocate appearing on behalf of the respondent ? original
plaintiff under the instructions from his client has stated at the
Bar that entire amount due and payable along with delayed payment
would be paid by the respondent in three equal monthly installments
and first installment would be paid on or before 22nd
August, 2008. It is submitted by him that necessary Undertaking to
the aforesaid effect will be filed within a period of one week and it
is further submitted that if such Undertaking is not filed with a
copy to the other side, in that case, it will be open for the
petitioner to disconnect the electricity supply. In view of above,
present Special Civil Application is disposed of by directing the
respondent to act as per above stated statement and the respondent is
directed to pay the amount due and payable to the petitioner in three
equal installments and first installment to be paid on or before 22nd
August, 2008. Second installment shall be paid on or before 22nd
September, 2008 and balance amount shall be paid by the respondent on
or before 22nd October, 2008. It goes without saying that
aforesaid direction would be without prejudice to the rights and
contentions of respective parties in the suit. Respondent to file
Undertaking as stated hereinabove in the present proceedings as well
as in the Suit with a copy to the learned Advocates appearing on
behalf of the petitioner herein as well as learned Advocate appearing
on behalf of defendant in the aforesaid Suit within one week from
today. With these, present Special Civil Application is disposed of.
[M.R.Shah,J.]
satish
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