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SCA/6127/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 6127 of 2010
=========================================================
INDIAN
OIL CORPORATION LTD & 1 - Petitioner(s)
Versus
PRAKASH
TRADING COMPANY - Respondent(s)
=========================================================
Appearance :
MR
MANISH R. BHATT WITH MRS. MAUNA M BHATT
for Petitioner(s) : 1 -
2.
None for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 13/05/2010
ORAL
ORDER
1. Heard
learned Advocate Mr. Bhatt for the petitioner.
2. Learned
Advocate invited attention of the Court to an order dated 16.03.2010
passed by the learned 11th Additional Senior Civil Judge,
Vadodara below Exh.112 in Regular Civil Suit No. 1442 of 1995. The
learned Advocate also invited attention of the Court to an order
passed by the Division Bench of this Court in Appeal from Order No.
268 of 1997 dated 15.07.1997.
2.1. Learned
Advocate for the petitioner submitted that the learned Judge is
putting his own interpretation on the order passed by this Court and
putting that interpretation, he has allowed Exh.112 and ordered the
suit to be taken on record. Learned Advocate for the petitioner
submitted that if at all the respondent herein original plaintiff
has any grievance about non-compliance of the order of this Court,
the correct forum would have been this Court to complaint about the
same. Learned Advocate for the petitioner submitted that it is only
with a view to see that the litigation is prolonged, such an
application is given which is allowed by the learned Judge.
3. In
view of above discussion, matter requires consideration. Rule
returnable on 30th June, 2010.
4. Notice
as to interim relief returnable on 30th June, 2010.
5. Ad
interim relief in terms of para 6(B). Direct service permitted.
(RAVI
R. TRIPATHI, J.)
jani
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