Gujarat High Court Case Information System
Print
SCA/8002/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 8002 of 2008
=========================================================
M/S
RATAN ENTERPRISES - Petitioner(s)
Versus
M/S
RADHA KRISHNA SHIPPING PVT LTD - Respondent(s)
=========================================================
Appearance
:
MR
CL SONI for
Petitioner(s) : 1,
MS MEGHA JANI for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 14/07/2008
ORDER
BELOW NOTE FOR SPEAKING TO MINUTES
Present
Note for Speaking to Minutes is filed by the learned advocate
appearing on behalf of the respondent.
Considering
the note and in the facts and circumstances of the case, in para 6
in last 9 line, in place of ?SIn view of the above, there is a
broad consensus between the learned advocates appearing for the
respective parties that in case the impugned order is set aside and
the matter be remanded to the trial court for deciding the leave to
defend application afresh on considering all the defences which are
mentioned in para 5 of the impugned order and the defence of the
defendant may not be restricted to interest only?? the same shall
be read as ?SIn view of the above, more particularly when there
is no specific finding and/or discussion with respect to the other
defences raised on behalf of the defendant in support of the prayer
to defend the suit unconditionally, it will be proper that the
impugned order be set aside and the matter be remanded to the trial
court for deciding the application for Leave to Defend afresh,
considering the defences which are mentioned in para 5 of the
impugned order and the defences of the defendant may not be
restricted to interest only??
The
Note for Speaking to Minutes stands disposed of.
The
registry is directed to send fresh writ accordingly.
[M.R.
SHAH, J.]
rafik
Top