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OJMCA/126/2007 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.
CIVIL APPLICATION No. 126 of 2007
In
MISC.
CIVIL APPLICATION No. 116 of 2007
In
O.J.APPEAL No. 71
of 2007
=================================================
DEEP
ESTATE AND DEVELOPERS PRIVATE LIMITED & 3 - Applicant(s)
Versus
SHREE
CORPORATION & 15 - Respondent(s)
=================================================
Appearance
:
MR
GAURAV S MATHUR for Applicant(s) : 1 - 4.
MR RS SANJANWALA for
Respondent(s) : 1 - 15,
- for Respondent(s) : 16
=================================================
CORAM
:
HONOURABLE
MR.JUSTICE M.S.SHAH
and
HONOURABLE
MR.JUSTICE K.A.PUJ
Date
: 13/09/2007
ORAL ORDER
(Per
: HONOURABLE MR.JUSTICE M.S.SHAH)
Heard
Mr Mathur for the applicants and Mr Sanjanwala for opponent Nos.1 to
15. The presence of the Official Liquidator is not required at this
stage.
Without
going into the merits of the controversy sought to be raised in this
application which it will be open to the applicants to raise before
the learned Company Judge, we modify the statement of Mr Gaurav
Mathur recorded in our order dated 16.8.2007 to the following
extent:-
?SMr
Gaurav Mathur, learned advocate for respondent Nos.1 to 4 in Misc.
Civil Application No.116 of 2007 (applicants in the present
application) states that respondent Nos.1 to 4 will not make any
attempt till 1st October 2007 to dispossess the applicants
in MCA No.116 of 2007 (opponents Nos.1 to 15 herein ).??
This
statement is being made in view of the statement coming from Mr
Sanjanwala for opponent Nos.1 to 15 herein (applicants in MCA No.116
of 2007) that his clients have already filed separate individual
applications before the learned Company Judge as was indicated in the
order dated 6.8.2007 in OJ Appeal No.71 of 2007 and that he will get
these applications circulated at the earliest and in any case in the
week commencing on 17.9.2007.
It
will then be open to the learned Company Judge to pass appropriate
orders on the applications including interim orders if any, after
hearing the learned counsel for the parties.
It
is clarified that we have never gone into the merits of the
controversy between the parties and that neither our previous orders
dated 6th and 16th August 2007 nor this order
shall be construed as expression of any opinion either way.
The
application accordingly stands disposed of.
(M.S.
SHAH, J.)
(K.A.
PUJ, J.)
zgs/-
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