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SCA/1168/2009 1/ 1 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 1168 of 2009
=========================================
M
D ROADLINES THROUGH IT'S AUTHORISED PERSON
Versus
VIJAYKUMAR
HARAKHCHAND AND OTHERS
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Appearance :
MR
JV MEHTA for
Petitioner(s) : 1,MS KRISHNA B MEHTA for Petitioner(s) : 1,
NOTICE
SERVED for Respondent(s) : 1 - 8.
MR SR DIVETOA for MR HN
BRAHMBHATT for Respondent(s) : 1 -
7.
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CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 12/03/2010
ORAL
ORDER
1. Heard
learned Advocate Mr.J.V.Mehta, learned advocate for the petitioner.
2. Learned
Advocate for the petitioner vehemently submitted that the Court below
has committed an error in rejecting the application of the petitioner
though the Advocate of the plaintiffs respondent Nos.1 to 7
herein stated before the Court that he has no objection if the
application is allowed ‘ with cost’.
Learned
Advocate for the petitioner could not point out to this Court any
decision saying that the Court is under a duty to allow the
application if the other side says that it has no objection if the
application is allowed by awarding cost to the party concerned. Such
a proposition cannot be accepted.
3. The Court
finds no substance in the petition. Hence, the same is dismissed.
Notice is discharged. No costs.
(Ravi
R.Tripathi, J.)
*Shitole
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