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MCA/2264/2008 3/ 3 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION - FOR DIRECTION No. 2264 of 2008
In
SPECIAL
CIVIL APPLICATION No. 1207 of 2008
For
Approval and Signature:
HONOURABLE
MR.JUSTICE M.R. SHAH
==========================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To
be referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge ?
==========================================
NAGJIBHAI
JAISHBHAI VAISHNAV - Applicant(s)
Versus
A
LATIF A GANI NOORANI - Opponent(s)
==========================================
Appearance
:
MR SP
MAJMUDAR for Applicant(s) : 1,
MR PRADEEP
PATEL for Opponent(s) : 1,
==========================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 14/08/2008
ORAL
JUDGMENT
1. RULE. Shri Nikil J.
Joshi, learned advocate appearing for Shri Pradeep Patel, waives
service of rule on behalf of the opponent.
2. With the consent of the
learned advocates appearing for the respective parties, the present
Miscellaneous Civil Application is taken up for final hearing today.
3. The present Miscellaneous
Civil Application is filed by the applicant-original respondent to
modify the order passed by this Court dated 28/07/2008 in Special
Civil Application No. 1207/2008 to the extent directing the
applicant-original respondent to remain present before the leanred
trial Court on 11/11/2008 for cross-examination by the respondent
herein as ordered by this Court in the aforesaid order.
4. Shri S.P. Majmudar, learned
advocate appearing on behalf of the applicant has submitted that as
such even prior to the order passed in the aforesaid Special Civil
Application, the applicant, who is to be cross-examined, has left
India and has gone to Canada and he is likely to return to India on
or before 30/10/2008 and, therefore, it is requested to modify the
aforesaid order.
5. Considering the above, now
the applicant-original respondent is directed to remain present
before the learned trial Court on 11/11/2008 for cross-examination by
the respondent herein instead of 13/08/2008 as directed by this Court
in the aforesaid order. Shri S.P. Majmudar, leanred advocate
appearing on behalf of the applicant to inform the applicant
accordingly with a clear understanding that no further time shall be
granted and the applicant has to remain present before the learned
trial Court on 11/11/2008 for his cross-examination.
6. The order passed by this
Court dated 28/07/2008 in Special Civil Application No. 1207/2008 is
modified to the aforesaid extent. The present Miscellaneous Civil
Application is disposed of . Rule is made absolute accordingly.
(M.R. SHAH, J.)
siji
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