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CA/7362/2010 2/ 2 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION No. 7362 of 2010
In
APPEAL
FROM ORDER No. 107 of 2010
With
CIVIL
APPLICATION No. 4014 of 2010
In
APPEAL
FROM ORDER No. 107 of 2010
For
Approval and Signature:
HONOURABLE
MR.JUSTICE M.R. SHAH
=========================================
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 ?
=========================================
ANG
AUTO LTD - Applicant(s)
Versus
MUNAF
B BALA - Opponent(s)
=========================================
Appearance :
MR
DP KINARIWALA for
Applicant(s) : 1,
MR SANJAY A MEHTA for Opponent(s) :
1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 21/07/2010
ORAL
JUDGMENT
1. RULE.
So far as Civil Application
No. 7362/2010 is concerned, Shri Parth Bhatt, learned advocate
appearing for Shri Sanjay Mehta, learned advocate waives service of
notice of rule on behalf of the opponent-original defendant.
2. Heard
the learned advocates appearing on behalf of the respective parties
on interim relief.
3. Having
heard the learned advocates appearing on behalf of the respective
parties on interim relief and considering the fact that the Appeal
from Order against the order passed by the learned trial Court below
Notice of Motion is admitted and considering the nature of
controversy between the parties, it appears that if the interim
relief in terms of paragraph 4(B) in Civil Application No. 7362/2010
is not granted, Appeal from Order would become infructuous and if
ultimately any decree is passed, it will not be possible for the
applicant-original plaintiff to recover the amount from the
opponent-original defendant. Hence, interim relief in terms of
paragraph 4(B) in Civil Application No. 7362/2010 is granted and
there shall be interim relief in Civil Application No. 7362/2010 till
final disposal of Appeal from Order No. 107/2010.
4. In
the facts and circumstances of the case, Registry is directed to
notify Appeal from Order No. 107/2010 for final hearing on
30/08/2010.
5. With
this, Civil Application No. 7362/2010 is allowed. Rule is made
absolute to the aforesaid extent.
CIVIL
APPLICATION No. 4014/2010
In
view of the order passed in Civil Application No. 7362/2010, no order
in Civil Application No. 4014/2010. Rule is discharged
(M.R.
SHAH, J.)
siji
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