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AO/190/2007 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
APPEAL
FROM ORDER No. 190 of 2007
With
APPEAL
FROM ORDER No. 191 of 2007
=========================================================
CHANDRAKANT
.K. JOSHI - Appellant(s)
Versus
HASMUKH
TOBACCO STORES - Respondent(s)
=========================================================
Appearance
:
M/S
WADIA GHANDY &CO for
Appellant(s) : 1,
MR HARSHIT S TOLIA for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 24/07/2008
ORAL
ORDER
1. While
issuing the notice the learned Single Judge has passed the following
order on 11.5.2007.
?S Order
in the Appeal from Order:
Notice
returnable on 21.6.2007.
Order
in the Civil Application:
Mr.Tanvish
U.Bhatt, learned advocate, places on record orders passed in Regular
Civil Suit No.1 of 2001 and Regular Civil Suit No.5 of 2002 dated
19.7.2004.
Notice
returnable on 21.6.2007. Notice as to interim relief returnable on
the same day. Ad-interim relief in terms of para 4A. Direct service
is permitted today.??
2. It
appears that it was submitted before the learned Single Judge on the
basis of the order dated 19.7.2004 that the interim relief granted
earlier passed below Exh.5 has not been extended and subsequently the
learned trial court has made the rule absolute till the final
disposal of the suit below Exh.5.
3. Shri
Harshit Tolia, learned advocate appearing on behalf of the
respondent, however, has placed on record the subsequent order passed
by the learned Single Judge of this Court in Appeal from Order No.273
and 274 of 2004 with Civil Application Nos.5853 of 2004 and 5855 of
2004 by which the ad-interim relief granted earlier has been directed
to be continued. Thus, it prima facie appears that the learned
advocate who appeared on behalf of the petitioner has misled the
Court and obtained the order on 11.5.2007. To give one opportunity
to the learned advocate appearing on behalf of the petitioner to
meet with the same, S.O. to 31st July, 2008. To be placed
on first board.
(
M.R. SHAH, J.)
syed/
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