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SCA/9860/2000 3/ 3 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 9860 of 2000
with
OFFICE
NOTE
For
Approval and Signature:
HONOURABLE
MR.JUSTICE JAYANT PATEL
=========================================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To be
referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge ?
=========================================================
KANVA
FINANCE LTD - Petitioner(s)
Versus
GUJARAT
STATE FINANCIAL CORPORATION & 2 - Respondent(s)
=========================================================
Appearance
:
MR
MRUGEN K PUROHIT for
Petitioner(s) : 1,
MR RD DAVE for Respondent(s) : 1,
MR SA
DESAI for Respondent(s) : 2 - 3.
MR SHIRISH JOSHI for
Respondent(s) :
3,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
Date
: 22/10/2010
ORAL
JUDGMENT
This
Court, in Misc. Civil Application No.1226 of 2010 in Special Civil
Application No.9860 of 2000, on 26.8.2010 had passed the following
order:-
The
present application is for review and modification of the order
dated 27.01.2010 passed by this Court in SCA No.9860/00 and the
contention is that certain documents which could not have been
produced are now produced and therefore, this Court may review the
matter.
After
some argument, Mr.Desai, learned counsel appearing for the applicant
states that if the applicant is permitted to withdraw the main
Special Civil Application itself by recalling the earlier order and
permitted to file fresh Special Civil Application by production of
the necessary documents, the same would meet with the ends of
justice.
Mr.Dave
for respondent No.1 and and Baiju Joshi for respondent No.3 has no
objection for such purpose. It has been stated that the respondent
No.2 is in liquidation.
Considering
the facts and circumstances, it appears that if the petitioner is
desirous to withdraw the main Special Civil Application itself, no
prejudice would be caused.
Hence,
upon the declaration of the petitioner to withdraw the main Special
Civil Application and to file a fresh one by producing necessary
documents, the earlier order dated 27.01.2010 in Special Civil
Application No.9860/00 is recalled and the petition is restored.
Application
disposed of accordingly.
As
per the above referred order, the earlier order dated 27.1.2010 in
the present proceedings is recalled and the main Special Civil
Application is restored. Consequently, the Special Civil
Application is to be reconsidered.
As
per the declaration made and recorded herein above, the learned
Counsel for the petitioner is desirous to withdraw the Special civil
Application with liberty to file a fresh petition after producing
necessary documents.
Permission
granted. Disposed of as withdrawn. The present order shall not
operate as a bar to the petitioner, if a fresh petition is filed
after producing necessary documents.
In
view of the above order, office note is disposed of.
(Jayant
Patel, J.)
vinod
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