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SCA/114820/2008 1/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 1148 of 2008
==========================================
ASHESH
SHANTILAL PATEL - Petitioner(s)
Versus
SHRI
SANKARDA SANYUKT KHETI SAHAKARI MANDLI LTD. & 2 - Respondent(s)
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Appearance
:
MRS VD
NANAVATI for Petitioner(s) : 1,
MR BHARAT JANI
for Respondent(s) : 1,
NOTICE SERVED for Respondent(s) : 2,
SERVED
BY RPAD - (N) for Respondent(s) :
3,
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CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 12/11/2008
ORAL
ORDER
1. RULE.
Shri Bharat Jani, learned advocate waives service of rule on behalf
of respondent no. 1, who is the main contesting party.
2. Shri
S.N. Shelat, learned Senior advocate appearing on behalf of the
petitioner seeks permission to delete respondents nos. 2 and 3 so far
as the present Special Civil Application is concerned as the main
contesting party would be respondent no. 1.
3. With
the consent of the learned advocates appearing on behalf of the
respective parties, the present Special Civil Application is taken
for final hearing today.
4. By
way of this petition under Article 227 of the Constitution of India,
the petitioner-original defendant no. 1 has prayed for an appropriate
writ, order or direction quashing and setting aside the impugned
order passed by the learned Presiding Officer, Fast Track Court No.
8, Vadodara dated 23/01/2008 in Miscellaneous Civil Appeal No.
356/2007 by which the learned appellate Court has partly allowed the
appeal and confirmed the order passed by the learned trial Court
below Exh. 6 in Regular Civil Suit No. 1028/2007 directing the
petitioner to produce the record and materials within seven days
before the learned trial Court and the same was directed to be
accepted by the learned trial Court in a sealed cover.
5. Shri
S.N. Shelat, learned Senior advocate appearing on behalf of the
petitioner has submitted that as such respondent no. 1 has not
stated which record and materials it wants to get from the
petitioner. It is also submitted that as such on informing which
records and materials respondent no. 1 wants to be produced,
authenticated xerox copies of the said record and materials should
serve the purpose and the petitioner has no objection in getting the
same xeroxed and the copies are kept on record by the learned trial
Court.
6. Shri
B.G. Jani, learned advocate appearing on behalf of respondent no. 1
has submitted that respondent no. 1 will submit an
application/purshis before the learned trial Court with a copy to the
petitioner herein informing, which records and materials respondent
no. 1 wants to be produced on record and if the petitioner produces
on record of the learned trial Court the certified xerox copies of
the said documents, then respondent no. 1 would not have any
objection.
7. Under
the circumstances, the impugned order passed by the learned appellate
Court dated 23/01/2008 in Miscellaneous Civil Appeal No. 356/2007 is
further modified to the extent that respondent no. 1 to submit an
appropriate application/purshis before the learned trial Court with
a copy to the petitioner stating which record and materials/documents
the petitioner has to produce, which is with the petitioner and the
petitioner to produce the certified xerox copies of the same before
the learned trial Court within a period of ten days thereafter. The
learned trial Court is directed to keep the same on record of Regular
Civil Suit No. 1028/2007. The petitioner is also further directed to
see that the record and materials/documents of respondent no. 1, if
available with the petitioner, shall not be destroyed and/or the same
shall be maintained by the petitioner as it is.
8. With
this, the present Special Civil Application is disposed of as
allowed. Rule is made absolute.
(M.R.
SHAH, J.)
siji
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