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SCA/1167/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 1167 of
2010
=========================================================
LIFE
INSURANCE CORPORATION OF INDIA & 1 - Petitioner(s)
Versus
ASHOKBHAI
JAYANTILAL KAMDAR - Respondent(s)
=========================================================
Appearance
:
MR
AK CLERK for
Petitioner(s) : 1 - 2.
None for Respondent(s) :
1,
=========================================================
CORAM
:
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 08/02/2010
ORAL
ORDER
1. The
challenge in this petition is to the order dated 17.06.2005, rendered
in application at Exhibit-5 in Civil Miscellaneous Appeal No.33 of
2005.
2. I
have heard Mr. A.K. Clerk, learned Counsel for the petitioners.
3. It
is submitted by Mr. Clerk that the impugned order has been passed in
the year 2005 and the effect of the said order is that, the
departmental inquiry against the respondent has been stayed. It is
further submitted that the petitioner-Corporation has submitted its
written arguments before the lower appellate Court on 23.05.2007, but
the appeal has not been disposed of till date, and the respondent is
enjoying interim relief. Ultimately, it is submitted that if
directions are issued to the lower appellate Court to decide the said
appeal expeditiously, the interest of justice would be met and he
would not like to press the petition.
4. Upon
the above statement being made by the learned Counsel for the
petitioner, the only direction that is required to be issued is that,
Civil Miscellaneous Appeal No.33 of 2005, pending in the Court of 2nd
Joint District Judge, Rajkot, be decided on, or before 31st
March, 2010 without
fail.
5. It
is noticed by this Court, while passing the impugned order dated
17.06.2005, the district Court has directed the hearing of the said
appeal be expedited.
6. In
view of the above directions, Mr. A.K. Clerk, learned Counsel for the
petitioner, prays that he may be permitted to withdraw the petition.
7. Permission
to do so is granted. The petition is disposed of as withdrawn.
(SMT.
ABHILASHA KUMARI, J.)
Umesh/
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