SCA/8023/2008 2/ 2 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 8023 of 2008 ========================================================= AMBALAL CHANDUBHAI MODI & 13 - Petitioner(s) Versus STATE OF GUJARAT & 6 - Respondent(s) ========================================================= Appearance : MR RK MISHRA for Petitioner(s) : 1 - 14. GOVERNMENT PLEADER for Respondent(s) : 1, DS AFF.NOT FILED (N) for Respondent(s) : 1 - 3,6 - 7. MR RR MARSHALL for Respondent(s) : 4 - 5. ========================================================= CORAM : HONOURABLE MR.JUSTICE K.M.THAKER Date : 10/06/2008 ORAL ORDER
Mr.
Adil Mirja appearing on behalf of Mr. Marshall for AUDA states on
instructions that the notices of which reference has been made in the
impugned order dated 22.5.2008 were served on the concerned
persons/petitioners and AUDA has necessary material/evidence to
support the said submission. He seeks to file affidavit bringing the
said facts and material on record. For that purpose he requests for
some time. S.O. to 16th June, 2008. The respondent AUDA
will serve copy of the affidavit to the petitioners’ advocate on or
before 6.00 p.m. on 13th June, 2008. Status-quo to
continue till then.
2. Mr.
Mishra submits that the notice could not be served on respondent No.7
because respondent No.7 was out of station and not available. The
notice could have been served on any other family member and yet the
same has not been served. The reason given by the petitioner for not
serving the notice on respondent No.7 is not palatable. Be that as
it may, however since AUDA seeks time to place necessary material and
facts on record, the matter is adjourned.
3. Fresh
notice to respondent No.7 returnable on 16th June, 2008.
The petitioners shall positively serve the same on respondent No.7 on
or before 11th June, 2008.
[
K.M. Thaker, J. ]
rmr.