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OJCA/40420/2007 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION No. 404 of 2007
In
O.J.APPEAL
No. 42 of 2005
In
COMPANY
APPLICATION No. 329 of 2001
============================================
JASHWANT
M PATEL & 3 - Applicant(s)
Versus
BALKRISHNA
T THAKKAR & 31 - Respondent(s)
============================================
Appearance :
MR
AS VAKIL for Applicant(s) : 1 - 4.
MS AMRITA M
THAKORE for Respondent(s) : 1,
OFFICIAL LIQUIDATOR for
Respondent(s) : 2,
MR PR NANAVATI for Respondent(s) : 3,6 - 7.
MR
AV TRIVEDI for Respondent(s) : 4,
None for Respondent(s) : 5,9 -
10,13 - 32.
MR ANIP A GANDHI for Respondent(s) : 8,11 -
12.
============================================
CORAM :
HONOURABLE
MR.JUSTICE D.A.MEHTA
and
HONOURABLE
MS.JUSTICE H.N.DEVANI
Date
: 01/08/2008
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE D.A.MEHTA)
1. This
application has been preferred by four applicants who are original
respondent Nos.34,36,32 and 26 respectively in OJ Appeal No.42 of
2005. The applicants herein seek to be transposed as party appellants
in OJ Appeal No.42 of 2005 on the ground that the applicants herein
were applicants in Company Application No.329 of 2001.
2. Heard
the learned advocate for the applicants. The grievance ventilated by
the applicants herein was the same grievance ventilated as applicants
in Company Application No.329 of 2001. By a separate order of even
date in OJ Appeal No.42 of 2005 which was filed by one of the other
applicants, namely applicant No.1 of Company Application No.329 of
2001, the appeal has been dismissed for the reasons stated in the
said order.
3. In
the aforesaid circumstances, whether the present applicants are
transposed as appellants in OJ Appeal No.42 of 2005 or not would not
make any difference. Accordingly, this application stands disposed of
despite the fact that the learned advocate for the applicants states
that his right of appeal may be prejudiced.
4. It
is necessary to record the fact, in light of the submission made by
the learned advocate, that the order made in Company Application
No.329 of 2001 was dated 14.6.2005 and the present application was
moved only on 8th October, 2007 indicating the fact that
the applicants herein were originally possibly not desirous of
preferring appeal.
(D.A.
MEHTA, J.)
(HARSHA
DEVANI, J.)
shekhar/-
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