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SCA/8579/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 8579 of 2010
=========================================================
DEPUTY
ENGINEER (O & M) - Petitioner(s)
Versus
GOPAL
FIBRES PVT LTD & 1 - Respondent(s)
=========================================================
Appearance
:
MS
LILU K BHAYA for
Petitioner(s) : 1,
NOTICE SERVED for Respondent(s) : 1
MS
JIRGA JHAVERI AGP for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 30/09/2010
ORAL
ORDER
1. Heard
learned advocate Ms.Lilu K. Bhaya for petitioner and learned AGP
Ms.Jirga Jhaveri for respondent No.2.
2.
Respondent No.1, though served, has not engaged any advocate and no
appearance is filed on behalf of respondent No.1. However, Shri
Ashokkumar M. Agarwal, Director of respondent No.1 Co. has filed
affidavit-in-reply on behalf of respondent No.1 Co. Copy thereof is
served to learned advocate Ms.Lilu K. Bhaya but, it has not been
received by learned AGP Ms.Jirga Jhaveri.
3. In
this matter, earlier on 13.9.2010, this Court has passed following
order :
Heard
learned Advocate Ms. Lilu K. Bhaya for petitioner. Respondent No.1
Ashokkumar M. Agarwal has
filed affidavit in reply which is placed on record. When matter is
called out, he has not been found present in the Court though it has
been inquired by Court Shirastedar. However, in interest of justice,
matter is adjourned to 30.9.2010. Meanwhile, ad interim relief
granted earlier is extended till 30th
September, 2010.
4. Thereafter,
on 3.9.2010, this Court
has passed following order :
1. Mr.Ashokkumar
M. Agarwal, who is a Director of M/s Gopal Fibers Private Limited has
filed an affidavit in reply, which is on record and it is also
supplied to Ms. Lilu K. Bhaya. Ms.Jirga Jhaveri is appearing on
behalf of respondent No.2-State.
2. Respondent
No.1 – Ashokkumar M. Agarwal is not remained personally present and
no advocate is engaged by him, therefore, the matter is adjourned to
13.09.2010.
3. Meanwhile,
ad-interim relief granted by this Court on 28.07.2010 is extended
till 13.09.2010.
5. This
being a third occasion where respondent No.1 – Ashokkumar M. Agarwal
is not present when the matter is taken up for hearing. In this
matter, this Court has issued notice to respondents and at the time
of issuing notice, ad-interim relief in terms of Para.9(c) was
granted. Thereafter, it has been extended from time to time.
6. However,
considering the fact that there is consistent absence of respondent
No.1 as referred above and the question raised in present petition
by petitioner and also considering affidavit-in-reply filed by Shri
Ashokkumar M. Agarwal, the question involved in present petition
requires detailed examination. Hence, Rule.
7. Ad-interim
relief granted on 28.7.2010 shall remain continued till the matter is
finally decided by this Court.
(H.K.RATHOD,J.)
(vipul)
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