Gujarat High Court Case Information System
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OJA/4120/2006 3/ 3 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
O.J.APPEAL
No. 41 of 2006
In
COMPANY
PETITION No. 240 of 2004
With
CIVIL
APPLICATION No. 169 of 2006
In
O.J.APPEAL No. 41 of 2006
For
Approval and Signature:
HONOURABLE
MR.JUSTICE D.A.MEHTA Sd/-
HONOURABLE
MR.JUSTICE BANKIM.N.MEHTA
Sd/-
=========================================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment ? NO
2
To be
referred to the Reporter or not ? NO
3
Whether
their Lordships wish to see the fair copy of the judgment ? NO
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ? NO
5
Whether
it is to be circulated to the civil judge ? NO
=========================================================
GEETA
PRINTS LTD. - Appellant(s)
Versus
FALCON
INDUSTRIES - Opponent(s)
=========================================================
Appearance
:
MR DD VYAS, SENIOR ADVOCATE
WITH MR DHAVAL D VYAS for Appellant(s) : 1,
MR AL SHAH WITH MR
VIMAL M PATEL AND MR PS PURANI for Opponent(s) :
1,
==============================================================
CORAM
:
HONOURABLE
MR.JUSTICE D.A.MEHTA
and
HONOURABLE
MR.JUSTICE BANKIM.N.MEHTA
Date
: 19/09/2008
ORAL
JUDGMENT
(Per
: HONOURABLE MR.JUSTICE D.A.MEHTA)
1 This
Appeal was preferred against an interim order made by the Company
Court which stood modified vide order dated 17.4.2006 so as to
ensure that the amount deposited with the Registry by respondent
company was not parted with in favour of the petitioner.
2 In
light of the fact that the interim order was followed by order dated
11.12.2006 whereby the petition was ordered to be admitted and
publication of advertisement was directed against which O.J. Appeal
No.7 of 2007 was preferred, and the fact that the said Appeal has
been dismissed today by a separate order this Appeal has been
rendered infructuous as the interim order now stands merged. The
modified interim order as made by this Court shall continue to
operate till the Company Court takes up Company Petition No. 240 of
2004 for hearing and disposal. The Appeal is accordingly dismissed.
CIVIL
APPLICATION No.169 of 2006.
In
light of the order made in Appeal today this Civil Application having
been rendered infructuous stands rejected accordingly.
Sd/- Sd/-
(D.A.
Mehta, J.) (B.N. Mehta, J.)
M.M.BHATT
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