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SCA/13982/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 13982 of 2010
With
CIVIL
APPLICATION No. 16712 of 2010
In
SPECIAL
CIVIL APPLICATION No. 13982 of 2010
=========================================
CHUNILAL
KAPOORCHANDJI SHAH - Petitioner(s)
Versus
YUVRAJ
INDUSTRIES LTD THRO'CHAIRMAN/MANAGING & 1 - Respondent(s)
=========================================
Appearance :
MR.
KAMAL TRIVEDI, SR. ADVCOATE WITH MR KB NAIK FOR M/S. TRIVEDI &
GUPTA for
Petitioner(s) : 1, 1.2.1, 1.2.2, 1.2.3, 1.2.4, 1.2.5, 1.2.6,1.2.7
MR
MIHIR THAKORE, SR. ADVOCATE WITH MR KM PARIKH for Respondent(s) :
1,
MR KG SUKHWANI for Respondent(s) : 1.2.1, 1.2.2, 1.2.3, 1.2.4,
1.2.5, 1.2.6,1.2.7
MR SI NANAVATI, SR. ADVOCATE WITH MR MIHIR H
PATHAK for Respondent(s) : 1.2.2, 1.2.3, 1.2.4, 1.2.5, 1.2.6,1.2.7
-
for Respondent(s) : 0.0.0
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 15/03/2011
ORAL
ORDER
1. Mr.Mihir
Thakore, learned Senior Advocate appearing for respondent no.1 has
submitted that without prejudice to the pleadings in the petition,
the respondent no.1 has no objection if respondent – Bank is
deleted.
2. Without
deciding the matter on merits, on the basis of statement made by
learned Advocate Mr.Thakore, Senior Advocate, this petition is
allowed.
3. Order
dated 05.06.2010 passed by the District Judge, Vadodara below Exh.96
in Civil Misc. (Arbitration) Application No.47 of 2002 is quashed and
set aside and application below Exh.96 in Civil Misc. (Arbitration)
Application No.47 of 2002 is allowed. Present respondent no.8 –
original opponent no.8 – Bank in Civil Misc. (Arbitration)
Application No.47 of 2002 is hereby deleted. Interim relief granted
earlier by this Court is also vacated.
4. In
view of disposal of main petition, no order in Civil Application and
same is disposed of.
5. Direct
service is permitted.
[M.D.Shah,
J.]
satish
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