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AO/200/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
APPEAL
FROM ORDER No. 200 of 2008
With
CIVIL
APPLICATION No. 6921 of 2008
In
APPEAL
FROM ORDER No. 200 of
2008
=========================================================
ABHAY
NITIN AREKAR - Appellant(s)
Versus
JAYANT
KRISHNAJI AREKAR & 2 - Respondent(s)
=========================================================
Appearance
:
MR
MARSHAL WITH MR ADIL R MIRZA for
Appellant(s) : 1,
MR MC BHATT WITH MR JIGAR RAWAL WITH MR PF
ADHVARYU for Respondent(s) : 1 -
3,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 23/06/2008
ORAL ORDER
Mr.
Marshal appears for the appellant and Mr. MC Bhatt appears for the
respondents. Both the learned counsel have made their respective
submissions. During the submissions, Mr. Marshal has sought to rely
upon certain documents namely, xerox copies of cheques and
acknowledgement receipts issued by bank to support his submission
that it was the appellant / plaintiff, who made certain payments on
behalf of present opponent No.1 to the bank of present opponent No.1
towards the discharge of loan availed by the present opponent No.1.
Mr. Bhatt opposes the said submission of Mr. Marshal and submits that
the documents which are now sought to be shown to the Court do not
form part of the record before the trial Court and were not on record
when the impugned order dated 13.5.2008 was passed. Mr. Marshal seeks
to produce the said documents along with appropriate application
seeking leave for production of documents in this appeal proceedings
and Mr. Bhatt opposes the said request and he submits that he may be
granted opportunity to oppose the said application. The submission of
Mr. Bhatt is quite in order. I consider it appropriate to grant
opportunity to appellant to prefer the application, which, of course,
shall be decided on merits after hearing the opponent, however, it
would not be just to deny, such opportunity to appellant. It is made
clear that the today’s adjournment for enabling the appellant to come
out with appropriate application seeking production of documents,
shall not be construed as permission for production of documents. The
proceedings are adjourned today only to enable Mr. Marshal to make an
appropriate application. An advance copy of the said application
shall be served on counsel for the respondents on or before 26.6.2008
and it would be open to respondent’s counsel to file reply /
objection to the said application on or before 29.6.2008. S.O. to
30.6.2008 for the said purpose.
Mr. Marshal submits that the order suspending the operation of the
order dated 13.5.2008 is extended till 25.6.2008 and thereby the
earlier status quo order continues. Since present appeal is
adjourned, for the aforesaid purpose to 30.6.2008, the said order of
suspension would continue till 30.6.2008.
[K.M.Thaker,
J.]
kdc
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