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SCA/10519/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 10519 of 2008
======================================
HARSIDDH
ENTERPRISES - Petitioner
Versus
STATE
OF GUJARAT & 4 - Respondents
======================================
Appearance
:
MR BD KARIA for Petitioner.
MR
DIPEN DESAI, AGP for
Respondents.
======================================
CORAM
:
HONOURABLE
MR.JUSTICE K.A.PUJ
and
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 04/09/2008
ORAL ORDER
(Per
: HONOURABLE MR.JUSTICE K.A.PUJ)
Mr.
B. D. Karia, learned advocate appearing for the petitioner seeks
permission to withdraw this petition as the petitioner has already
filed an appeal against the Provisional Best Judgment Assessment
framed by the respondent on 28.07.2008.
Mr.
Dipen Desai, learned Assistant Government Pleader appearing for the
respondents has submitted that pursuant to the interim order passed
by this Court on 22.08.2008, attachment was removed and Truck No.
GJ-07-GA-2455 with goods therein were already released. He has,
therefore, submitted that if the provisional order is confirmed in
appeal, the petitioner may be directed to furnish the security that
may be demanded by the respondents.
When
the petition is sought to be withdrawn, there is no question of
issuance of any direction. It is, however, clarified that it is
open for the respondents to take appropriate action in accordance
with law.
Subject
to the aforesaid direction and observation, this petition is
accordingly disposed of as having been withdrawn. Notice
discharged.
Sd/- Sd/-
[K. A. PUJ, J.] [R.
H. SHUKLA, J.]
Savariya
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