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SCA/9250/2009 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 9250 of 2009
=========================================================
AVADH
ENGINEERING PVT LTD - Petitioner(s)
Versus
J
R D STEELPACK INDUSTRIES & 1 - Respondent(s)
=========================================================
Appearance :
MR
SUTHAR FOR MR NK MAJMUDAR for
Petitioner(s) : 1,
NOTICE SERVED BY DS for Respondent(s) : 1 -
2.
MR PREMAL R JOSHI for Respondent(s) : 1,
NOTICE SERVED for
Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 26/04/2010
ORAL
ORDER
Heard
Mr.Suthar, learned Advocate for Mr.N.K.Majmudar, for the petitioner.
2. Learned
Advocate for the petitioner submitted that the Court below has
committed an error, inasmuch as, had granted leave to defend to the
defendant without any conditions. The Court below ordered that the
suit of the plaintiff to proceed further in accordance with the
provisions of law contained in O.37 of the Civil Procedure Code.
Learned Advocate for the petitioner submitted that the learned
Principal Senior Civil Judge, Vadodara, while allowing application
Exh.12 by an order dated 29/06/2009 committed an error and did not
follow the ratio of the decision cited before it.
3. Mr.Premal
R Joshi, learned Advocate for respondent No.1 invited attention of
the Court to the fact that the petitioner original plaintiff
approached the Court with suppression of material fact. Learned
Advocate for respondent No.1 invited attention of the Court to a
letter dated 07/03/2005 wherein, it is specifically mentioned in the
subject column Cheques towards counter security for SAIL Bnak
Guarantee . The last paragraph of that letter reads as under:
We
are sending undated cheques as counter security towards the above as
the material being procured through this bank guarantee is for
exclusive use / manufacturing of JRD .
3.1 The
enclosures bearing a cheque No.813709 undated ICICI Bank
Rs.10,00,000 (Ref. KSM).
4. The
fact that the petitioner original plaintiff made suppression of
material facts, the party loses its right to get any discretionary
relief from the Court. Only on that short ground, the present
petition stands dismissed. Notice discharged. Ad-interim-relief
shall stand vacated. The Court restrains from itself passing order of
dismissal with costs.
(RAVI
R TRIPATHI, J.)
sompura
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