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CA/2357/2010 2/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR JOINING PARTY No. 2357 of 2010
In
SPECIAL
CIVIL APPLICATION No. 12486 of 2009
=====================================================
SHREE
KANTHA VIBHAG SAHAKARI KHAND UDHYOG MANDLI LTD - Petitioner(s)
Versus
STATE
OF GUJARAT & 3 - Respondent(s)
=====================================================
Appearance :
MRS
VD NANAVATI for Petitioner(s) : 1,
Mr.Himanshu K.Patel,learned
ASSTT.GOVERNMENT PLEADER for Respondent(s) : 1 - 3.
MR DAKSHESH
MEHTA for Respondent(s) :
4,
=====================================================
CORAM
:
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 04/03/2010
ORAL
ORDER
Leave
to amend cause title of the application is granted. The same may be
carried out forthwith.
Rule.
Mr.Himanshu K.Patel,learned Assistant Government Pleader, waives
service of notice of Rule for respondents Nos.1 to 3, Ms.Ami
Patel,learned advocate for Mr.Dakshesh Mehta,learned counsel for
respondent No.4 waives service of notice of Rule for the respondent
No.4 and Mr.Vibhuti P.Nanavaty,learned counsel waives service of
notice of Rule for respondent No.5.
This
application has been filed by the applicant with a prayer to join
the applicant-Society as party-respondent No.5 in Special Civil
Application No.12486 of 2009.
It
is submitted by Ms.V.D.Nanavati, learned counsel for the applicant
that the petitioner of the above-mentioned petition, has joined only
respondent No.4 who has no direct interest in the management of the
Society but has not joined the applicant-Society, which is a
necessary party to the petition and, as such, the prayers made in the
application may be granted.
The
learned counsel for the respective respondents have not offered any
serious objection to the joining of the applicant as party-respondent
in the petition.
In
view of the submissions made at the Bar and as it does not appear to
be disputed that the applicant is a necessary party to the petition,
the prayers made in the application deserve to be granted.
Accordingly,
the application is allowed. The applicant-Society is permitted to be
joined as party-respondent No.5 in Special Civil Application No.12486
of 2009. Rule is made absolute, accordingly.
The
necessary amendment in the cause title of the petition be carried
out,forthwith.
(Smt.Abhilasha Kumari,J)
arg
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