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FA/895/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST
APPEAL No. 895 of 2010
=========================================================
UNITED
INDIA INSURANCE COMPANYLTD - Appellant(s)
Versus
RAJLIBEN
RAISINGBHAI RATHWA & 2 - Defendant(s)
=========================================================
Appearance
:
MR
MAULIK J SHELAT for
Appellant(s) : 1,
MR PARESH M DARJI for Defendant(s) : 1,
NOTICE
NOT RECD BACK for Defendant(s) : 2 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 21/06/2010
ORAL
ORDER
Today
Mr. Maulik J Shelat learned advocate for the applicant has submitted
that on 21st April 2010 when the common order issuing
notice in First Appeal Nos. 895 and 896 of 2010 was passed, Mr.
Darji, learned advocate had appeared only for opponent No. 1 in
respect of First Appeal No. 896 of 2010 and not in respect of 895 of
2010. Therefore, Mr. Darji learned advocate could not have waived
service of notice qua opponent No. 1 in First Appeal No. 895 of 2010,
however in view of the said order dated 21st April 2010
the office has not issued notice qua opponent No. 1 in First Appeal
895 of 2010. In light of aforesaid submission Mr. Shelat learned
advocate has requested for fresh order in the First Appeal No. 895 of
2010. He submitted that since the Court was pleased to issue notice
in both appeals, fresh and separate order issuing notice in First
Appeal No. 895 of 2010 may be passed considering the fact that Mr.
Darji learned advocate did not appear in the said appeal at the time
of admission hearing.
Hence,
office is directed to issue fresh notice in First Appeal No. 895 of
2010 returnable on 26th
July 2010. The order dated 21st April 2010 shall
be read and shall be applicable qua First Appeal No. 896 of 2010
only.
(K.M.THAKER,J.)
Suresh*
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