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SCA/16182/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 16182 of 2010
=========================================================
D
K TEXTILE - Petitioner(s)
Versus
PUNAM
RAGHUNATH MASTER & 2 - Respondent(s)
=========================================================
Appearance
:
MR
JOSHI FOR NANAVATI ASSOCIATES
for
Petitioner(s) : 1,
MR CHIRAG B PATEL for Respondent(s) : 1,
NOTICE
SERVED BY DS for Respondent(s) : 2 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 25/03/2011
ORAL ORDER
In
this matter, initially, learned advocate Mr. Chirag B. Patel was
appearing on behalf of respondent No.1. Today, learned advocate Mr.
Patel submitted that now, he is not appearing in this matter and he
has already written a letter to respondent No.1 as well as his Union
by registered A.D. Post on 11th March, 2011 stating that
he is now retiring from this matter and they have to engage another
advocate in his absence. In the said letters, learned advocate Mr.
Patel has specifically mentioned date of hearing 25th
March, 2011. Learned advocate Mr. Patel placed on record letters
written to respondent No.1 and his Union and acknowledgment.
Accordingly, letters and its acknowledgment are ordered to be taken
on record.
Even
though, today, neither respondent No.1 nor any advocate is present on
his behalf before this Court.
Considering
his aforesaid letter dated 11th March, 2011, learned
advocate Mr. Chirag B. Patel is permitted to retire from present
proceedings.
In
light of these facts, issue fresh NOTICE to respondent
No.1 returnable on 20 th
April, 2011, specifying the fact that Mr. Chirag B.
Patel, learned advocate, is now not appearing in this matter on his
behalf and he has to proceed with matter either personally or engage
any advocate on his behalf to proceed with matter on next returnable
date, if he desired, otherwise, this Court will proceed with matter
in absence of respondent No.1.
Learned
advocate Mr. Joshi submitted that pursuant to order passed by this
Court on 10th March, 2011, petitioner has issued
reinstatement order dated 14th March, 2011 in favour of
respondent No.1 and sent to his Union – Bhavishya Mazdoor
Sangh. In pursuance of letter dated 14th March, 2011,
Secretary of Union has written a letter to petitioner on 22nd
March, 2011 stating therein that workman has already left the State
of Gujarat and went to his native place situated in State of Orissa,
therefore, Union has also not able to contact workman. It is also
made clear by his Union in its said letter that as and when workman
will return from his native, he will give advise to contact
immediately his advocate. Learned advocate Mr. Joshi placed on record
entire correspondence. The same is ordered to be taken on record.
Learned
advocate Mr. Joshi also submitted that pursuance to order passed by
this Court on 22nd December, 2010, petitioner has
deposited Rs.1 lakh before registry of this Court.
Sd/-
[H.K.
RATHOD, J.]
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