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SCA/10803/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 10803 of 2010
=====================================
YATISHBHAI
ASHWANIKUMAR JOSHI - Petitioner(s)
Versus
STATE
OF GUJARAT THROUGH SECRETARY & 2 - Respondent(s)
=====================================
Appearance
:
MR AJ PATEL for Petitioner(s) :
1,
GOVERNMENT PLEADER for Respondent(s) : 1,
NOTICE SERVED BY
DS for Respondent(s) : 1 - 3.
NOTICE SERVED for Respondent(s) :
2,
None for Respondent(s) : 3,
UNSERVED-REFUSED (N) for
Respondent(s) : 3.2.1,3.2.3
M/S S G ASSOCIATES for Respondent(s)
: 3.2.2, 3.2.4,3.2.5
=====================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 16/12/2010
ORAL
ORDER
1.0 Yesterday
i.e. 15th December 2010, the matter was heard for some
time. Learned advocate Mr. Soni for respondent nos. 3/2 pointed out
that the affidavit filed for having effected the Direct Service,
contains incorrect statement. Learned advocate Mr. AJ Patel for the
petitioner sought time to take instructions
in the matter.
1.1 Learned
advocate for the petitioner files an Explanation pertaining to
affidavit of Direct Service of one Shri Ravi Joshi, Son of Shri
Mukeshbhai Manubhai Joshi.
1.3 On
perusal of the affidavit, the Court finds that there is no intention
on the part of the person, who has filed affidavit, of making any
incorrect statement and whatever statements are made, they are made
inadvertently and therefore, the affidavit tendering Explanation by
said Shri Ravi Joshi, is accepted.
2.0 Pursuant
to order dated 13th December 2010, learned advocate Mr.
Soni has, now, received the Vakalatnamas for respondent nos. 3/1, 3/4
and 3/5. Learned advocate Mr. Soni states that, either the said
Vakalatnamas are filed or they are in the process of being filed.
2.1 So
far as respondent no. 3/3 is concerned, learned advocate
Mr. Soni
has learnt from the other respondents that she died in the year 1995.
Learned advocate for the petitioner requests
Mr. Soni to supply
the details of the heirs of respondent no. 3/3.
2.2 To
enable the learned advocate Mr. Soni to collect the details and give
it to Mr. Patel, so that he can take appropriate action, the matter
is adjourned to 27th December 2010.
[
Ravi R. Tripathi, J. ]
hiren
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