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SCA/1113020/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 11130 of 2008
=========================================================
CARGO
MOTORS PVT LTD - Petitioner(s)
Versus
KRISHNA
ENTERPRISES - Respondent(s)
=========================================================
Appearance
:
MR
TUSHAR MEHTA FOR MR HARDIK B KALMEKH for
Petitioner(s) : 1,
MR
UNMESH SHUKLA FOR MR.RAHUL K PANDYA for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 08/09/2008
ORAL
ORDER
Rule.
Learned advocate Shri Unmesh Shukla waives services of rule on
behalf of the respondent.
Having
heard the submissions made by the learned advocates appearing for the
parties and having perused the impugned order passed by the learned
Judge, I find that this is not a fit case where any condition for
permitting the present defendant to defend the suit as long cause
suit could have been imposed. However, since the suit itself is
pending and at the request of the learned advocates appearing for
the parties, I refrain from elaborating the reasons for the same.
While thus permitting the defendant to defend the suit
unconditionally, it would be appropriate and desirable that the suit
itself be attempted to be disposed of expeditiously and preferably
by the end of June 2009. The impugned order is therefore quashed.
With the above directions, the petition is disposed of. Rule is made
absolute accordingly.
(Akil Kureshi, J.)
(vjn)
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