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CA/7115/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR VACATING INTERIM RELIEF No. 7115 of 2008
In
SPECIAL
CIVIL APPLICATION No. 10317 of 2007
=========================================================
SHIPRA
OCEAN TRADE PRIVATE LTD. - Petitioner(s)
Versus
VIJAY
TIMBER INDUSTRIES - Respondent(s)
=========================================================
Appearance
:
MR
CL SONI for
Petitioner.
MR SHIVANG J SHUKLA for
Respondent.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 14/07/2008
ORAL
ORDER
1.
Rule. Shri Shivang Shukla, learned advocate appears and waives
service of notice of rule on behalf of respondent.
2.
Heard Shri C.L.Soni, learned advocate appearing on behalf of the
applicant and Shri Shivang Shukla, learned advocate appearing on
behalf of respondent.
3.
Present application is filed by the applicant-original respondent
for vacating the ad-interim relief on the ground that there is a
breach of condition of the interim order dated 2.5.2007 passed in
main Special Civil Application. It is not in dispute that while
admitting Special Civil Application No.10317 of 2007, the learned
Single Judge has granted the ad-interim relief in terms of para 26(B)
on condition that the petitioner shall pay a sum of Rs.2,50,000/-
(Rupees Two Lakh Fifty Thousand only) per month regularly during the
pendency of the present Special Civil Application. Admittedly the
said condition is not complied with and the respondent herein ?
original petitioner has not paid a sum of Rs.2,50,000/- (Rupees Two
Lakh Fifty Thousand only) per month regularly during the pendency of
main Special Civil Application.
4.
In view of the above and even otherwise considering the fact that
the ad-interim relief granted was conditional one and the same is not
complied with, hence the ad-interim relief granted earlier by this
Court on 2.5.2007 in main Special Civil Application is hereby
vacated. Rule is made absolute accordingly.
5.
Registry is directed to notify the main Special Civil Application
No.10317 of 2007 for final hearing in the week commencing from 11th
August, 2008.
Direct
service is permitted.
(
M.R. SHAH, J. )
syed/
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