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AO/270/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
APPEAL
FROM ORDER No. 270 of 2008
With
CIVIL
APPLICATION No. 9746 of 2008
==========================================
LALLURAM
PHUNDILAL SHARMA - Appellant(s)
Versus
RADHIKA
PETROLIUM & 2 - Respondent(s)
==========================================
Appearance
:
HL PATEL
ADVOCATES for Appellant(s) : 1,
MRS VD
NANAVATI for Respondent(s) : 1 - 2.
None for Respondent(s) :
3,
==========================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 21/08/2008
ORAL
ORDER
Leave to amend granted.
Prima facie, considering the
fact and which cannot be disputed that the appellant is still the
partner of M/s. Radhika Petroleum and admittedly as per the
agreement/declaration-cum-undertaking dated 04/10/2005, the letter of
indent to be sent to the IOC is to be signed by both the partners
i.e. the appellant herein and respondent no. 2 herein and it prima
facie appears that in spite of the above
agreement/declaration-cum-undertaking dated 04/10/2005, the impugned
order has been passed by the learned Chamber Judge virtually ousting
the appellant, who is admittedly the partner of M/s. Radhika
Petroleum.
Hence, NOTICE for final
disposal returnable on 11th September, 2008. Mrs Vaibhavi
Nanavaty, learned advocate waives service of notice of admission on
behalf of respondents nos. 1 and 2, who is on caveat.
Direct service is permitted so
far as respondent no. 3 is concerned.
CIVIL APPLICATION No.
9746/2008
To be heard with Appeal from
Order No. 270/2008.
(M.R. SHAH, J.)
siji
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