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OJCA/46/2007 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION No. 46 of 2007
WITH
OJ
APPEAL STAMP NO. 3420 OF 2006
WITH
CIVIL
APPLICATION STAMP NO. 3422 OF 2006
IN
OJ
APPEAL STAMP NO. 3420 OF 2006
=========================================
KANUBHAI
HIRALAL PRAJAPATI & 3 – Applicants
Versus
O.L.OF
NAVJIVAN MILLS CO.LTD. & 2 – Respondents
=========================================
Appearance
:
MS MINI M NAIR for Applicant(s) : 1
– 4.
OFFICIAL LIQUIDATOR for Respondent(s) : 1,
RULE SERVED for
Respondent(s) : 2,
RULE UNSERVED for Respondent(s) :
3,
=========================================
CORAM
:
HONOURABLE
MR. JUSTICE MOHIT S. SHAH
and
HONOURABLE
MR.JUSTICE K.A.PUJ
Date
: 23/10/2008
CAV ORDER
(Per
: HONOURABLE MR.JUSTICE K.A.PUJ)
The applicant has
filed this application under Section 5 of the Limitation Act for
condonation of delay of 1568 days caused in filing appeal.
Rule was issued by
this Court on 12.04.2007.
Heard
the learned counsels appearing for the parties. Perused the
pleadings.
OJ
Appeal Stamp No.3420 of 2006 is preferred challenging the judgment
and order dated 30.07.2002 of the learned Company Judge passed in
Company Application No.268 of 1994 whereby the learned Company Judge
rejected the claim of the leasehold right of the applicant and held
that the lease was a long term lease and the leasehold rights over
the land of the Company in winding up is the assets of the Company
which was put up for sale by the Official Liquidator.
Against
the said order dated 30.07.2002 of the learned Company Judge,
various Appeals were filed before this Court. The contention raised
on behalf of the lessors herein were also raised in OJ Appeal Nos.
65 to 67 of 2006. By our judgment dated 17.10.2008, we have
rejected this contention and dismissed the appeals of the lessors.
Following
the aforesaid decision, the present appeal also deserves to be
dismissed. In view of the above, delay of 1568 days is not required
to be condoned as the issue involved in the appeal is fully covered
by this Court and a judgment to this effect was delivered by this
Court on 17.10.2008.
In
the above view of the matter, present Civil Application is rejected.
Notice discharged.
In
view of dismissal of Civil Application, OJ Appeal Stamp Number 3420
of 2006 and Civil Application (Stamp Number) No.3422 of 2006 do not
survive and they are accordingly disposed of.
[M. S. SHAH,
J.]
[K.
A. PUJ, J.]
Savariya
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