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SCA/7537/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 7537 of 2011
=========================================
GAUTAMNAGAR
COOPERATIVE HOUSING SOCIETY LTD - KALOL - Petitioner(s)
Versus
STATE
OF GUJARAT - THROUGH SECRETARY & 6 - Respondent(s)
=========================================
Appearance :
MR
BM MANGUKIYA for
Petitioner(s) : 1,
MS BELA A PRAJAPATI for Petitioner(s) :
1,
GOVERNMENT PLEADER for Respondent(s) : 1,
DS AFF.NOT FILED
(N) for Respondent(s) : 2 -
7.
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 08/11/2011
ORAL
ORDER
Affidavit
of service upon respondents nos. 2 to 7 has been filed, affirmed by
one Shri Vijay Pandey son of Shri Ramkishore Pandey, submitting that
he has gone to serve respondents nos. 2 to 7 personally on
11/08/2011, however, respondents nos. 2 to 7 have refused to accept
the notice issued by this Court. The aforesaid affidavit is directed
to be taken on record. From the record, it appears that affidavit of
service upon the aforesaid persons is incorrect and false as he could
not have served respondents nos. 2 to 7 on dated 11/08/2011 as so
stated in the service affidavit as the notice for the first time was
given by the Registry only on 17/08/2011 and the same was signed by
the Deputy Registrar on 17/08/2011 and, therefore, the aforesaid
deponent could not have served the notice on /11/08/2011. Shri
Mangukiya, learned advocate appearing on behalf of the petitioner
prays for time to place on record the unconditional apology on the
part of the aforesaid deponent. Hence, stand over to 09/11/2011 only
for the aforesaid purpose. Thereafter, it will be considered whether
such an apology should be accepted or not and if accepted at what
cost.
(M.R.
SHAH, J.)
siji
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