FA/2387/2004 2/ 2 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL No. 2387 of 2004 With FIRST APPEAL No. 1615 of 2004 With FIRST APPEAL No. 2382 of 2004 ========================================================= JYOTIBEN ARVINDBHAI THACKER & 3 - Appellant(s) Versus DHIRAJ SADUR AHIR & 5 - Defendant(s) ========================================================= Appearance : MR MEHUL S SHAH for Appellant(s) : 1 - 4.MR SURESH M SHAH for Appellant(s) : 1 - 4. RULE UNSERVED for Defendant(s) : 1 - 2. RULE SERVED for Defendant(s) : 3, GOVERNMENT PLEADER for Defendant(s) : 4, 6, MR SHALIN N MEHTA for Defendant(s) : 5, ========================================================= CORAM : HONOURABLE MR.JUSTICE A.M.KAPADIA and HONOURABLE MR.JUSTICE Z.K.SAIYED Date : 24/07/2008 COMMON ORAL ORDER
(Per
: HONOURABLE MR.JUSTICE A.M.KAPADIA)
1. Mr.
Mehul Shah, learned advocate for the appellants, states that rule
issued to respondent Nos.1 and 2, who are the driver and owner of
one of the vehicles and who are not held negligent in causing the
accident in question are exonerated from the liability for payment
of compensation to the claimants, are unserved. He states that they
are formal parties and their presence is not required for
adjudicating instant group of appeals. He, therefore, urges to grant
leave to delete respondent Nos.1 and 2 from all these three appeals.
2.
Upon his request, leave to delete respondent Nos.1 and 2 from all
these appeals has been granted. Names of respondent Nos.1 and 2 shall
stand deleted from all the above mentioned three appeals.
3. Registry
is directed to call for the R&P of MACP Nos.306 of 1993, 308 of
1993 and 309 of 1993 from the MACT (Main), Kachchh at Bhuj so as to
reach this Court on or before 29.8.2008.
4.
Registry is further directed to notify instant batch of three First
Appeals on receipt of the R&P from the concerned Tribunal in the
last week of September 2008.
(A.M.
Kapadia, J.)
(Z.K.
Saiyed, J.) (karan) ...