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MCA/2419/2008 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION No. 2419 of 2008
In
CIVIL
APPLICATION No. 11429 of 2006
In
APPEAL FROM ORDER No. 273 of 2006
=========================================================
KIRANKUMAR
JAMNADAS CHOKSI - Applicant(s)
Versus
PRANKUVAR
MANIKUVAR MEMORIAL TRUST & 4 - Opponent(s)
=========================================================
Appearance
:
MS
MO NARSINGHANI for
Applicant(s) : 1,
MS PARUL P.VASAVDA for Opponent(s) : 1 3.
NOTICE NOT RECD BACK for Opponent(s) :
4.
Opponent(s) : 5 UNSERVED
,
=========================================================
CORAM
:
HONOURABLE
MS. JUSTICE R.M.DOSHIT
and
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 15/10/2008
ORAL
ORDER
(Per
: HONOURABLE MS. JUSTICE R.M.DOSHIT)
This
Application under Section 10 of the Contempt of Courts Act has been
taken out by one Kirankumar Jamnadas Choksi, plaintiff in Special
Civil Suit No.114/2005 pending before the Civil Court at Rajkot.
By
order dated 8th September, 2006 made by the learned Senior
Civil Judge, Rajkot below application Exh.5, the defendant Trust was
directed, inter alia, to give an undertaking to the Court within one
month from the date of the order to the effect that before the Trust
transfers any of its properties, the Trust would inform the Court and
the plaintiff 15 days in advance. Feeling aggrieved, the plaintiff
preferred Appeal from Order No.273/2006 before this Court.
By
common order dated 1st August, 2008 made by the learned
Single Judge (Coram: M.R.Shah, J.) on Appeals from Order Nos.273/2006
and 274/2006 the above referred order dated 8th September,
2006 was modified. The respondents in each Appeal from Order were
directed to furnish fresh undertaking before the trial Court within a
period of three weeks from the date of the order that the
defendants will file the purshis and inform the learned Trial Court
as well as the plaintiff in respect of the transfer of the property
in question, in any manner whatsoever, before 30 days of actual
transfer.
It
is the grievance of the applicant plaintiff that the defendants
opponents have failed to give undertaking as directed.
In
answer to the notice issued by this Court, the opponents nos.1 and 3
have entered appearance through learned advocate Ms.Vasavda. The
opponent no.3 Shri Vijayendrabhai Upendraray Desai, one of the
trustees, is present in the Court. Ms.Vasavda has submitted that the
opponents nos.4 and 5, the trustees in the opponent no.1 Trust, have
passed away long ago. The opponent no.2 has not been served. The
opponent no.3 Shri Vijayendrabhai Upendraray Desai has filed counter
affidavit. It is denied that the opponents nos.1 and 3 have committed
breach of the directions given by the Court. It is stated that as
directed, the undertaking has been given to the trial Court on 20th
August, 2008. Certified copy of the undertaking given by the opponent
no.3 on behalf of the Trust and the trustees, the opponents nos.2 and
3, is produced along with the affidavit.
In
above view of the matter, the opponents cannot be said to have
committed breach of the aforesaid order dated 1st August,
2008 made by this Court.
The
Application is rejected. Notice is discharged.
(K.M.Thaker,
J.) (Ms.R.M.Doshit, J.)
/moin
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