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AO/296/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
APPEAL
FROM ORDER No. 296 of 2010
With
CIVIL
APPLICATION No. 10636 of 2010
In
APPEAL FROM ORDER No. 296 of 2010
=========================================================
ANKIT
PHARMACEUTICALS - Appellant(s)
Versus
PELICAN
PHARMACHEM PVT LTD - Respondent(s)
=========================================================
Appearance
:
MR
YJ TRIVEDI for
Appellant(s) : 1,
NOTICE SERVED for Respondent(s) : 1,
MR KAPIL
K ACHARYA for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 22/02/2011
COMMON
ORAL ORDER
By
way of present Appeal From Order, the appellant has inter alia
prayed for quashing and setting aside the impugned order dated 13th
April 2010 passed by the Chamber Judge, City Civil Court, Ahmedabad,
below Exhibit 6/7 in Regular Civil Suit No.2136 of 2009.
Having
considered the contentions raised by the learned advocate for the
appellant, contentions raised in the appeal from order and on
perusal of the impugned order and with consent of the learned
advocate for the appellant, it is hereby ordered that if an
application is moved by the appellant before the trial Court for
expediting the suit proceedings, the trial Court will consider the
same and will dispose of the suit proceedings as expeditiously as
possible. The Appeal From Order stands disposed of
accordingly. Notice is discharged with no order as to
costs. Consequently, the Civil Application for stay stands disposed
of.
It
is clarified that the observations made by the trial Court while
passing the impugned order are tentative in nature and, therefore,
the same will not come in the way of the appellant while deciding
the suit. It is also clarified that this Court has not expressed any
opinion on merits of the matter.
It
is also clarified that if an application is moved by the learned
advocate for the appellant for recording of evidence by the Court
Commissioner, the trial Court will consider such application after
hearing both the sides.
(K.S.
Jhaveri, J)
Aakar
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