Gujarat High Court Case Information System
Print
SCA/3791/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 3791 of 2011
=========================================================
INCHARGE
PRINCIPAL - S B GARDA ARTS AND P K PATEL COLLEGE & 1 -
Petitioner(s)
Versus
ARVINDBHAI
MANILAL PATEL & 2 - Respondent(s)
=========================================================
Appearance
:
MR.
BAIJU JOSHI FOR MR. SHIRISH JOSHI
for
Petitioner(s) : 1 - 2.
MR.SUBHASH G BAROT for Respondent(s) :
1,
None for Respondent(s) : 2,
GOVERNMENT PLEADER for
Respondent(s) :
3,
=========================================================
CORAM
:
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 29/03/2011
ORAL
ORDER
Heard
Mr. Baiju Joshi, learned advocate for Mr. Shirish Joshi, learned
counsel for the petitioners and Mr. Subhash G. Barot, learned
advocate for respondent No.1-caveator.
It
is submitted by the learned advocate for the petitioners that by
passing the impugned order dated 21.02.2011, the Tribunal has, in
effect, granted the final relief at the interim stage and that too,
without hearing the learned advocate for the petitioners. It is
further submitted that the matter was preponed by the Tribunal and
instead of 11.03.2011, it was kept on 15.02.2011, on which date, the
learned advocate for the applicants was not present, as is evident
from a copy of the Rojkam of the Tribunal.
Mr. Subhash G. Barot, learned advocate for the caveator has submitted
that the petitioners had not filed any reply to the main application
filed by respondent No.1, in spite of several opportunities having
been granted, therefore, the Tribunal had no other option, except to
grant interim relief.
Notice
for final disposal, returnable on 06.04.2011.
Mr. Subhash G. Barot, learned advocate for the caveator waives
service of Notice for respondent No.1.
The
implementation, execution and operation of the impugned order of the
Tribunal dated 21.02.2011, shall remain stayed, till then.
In
addition to the normal mode of service, Direct Service is also
permitted.
(Smt.
Abhilasha Kumari, J.)
Safir*
Top