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MCA/1036/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION - FOR REVIEW No. 1036 of 2011
In
APPEAL
FROM ORDER No. 358 of 2010
=========================================================
PASHCHIM
GUJARAT VIJ CO LTD THROUGH ITS DEPUTY ENGINEER - Applicant(s)
Versus
NANJIBHAI
BHIMABHAI - Opponent(s)
=========================================================
Appearance
:
MS
LILU K BHAYA for
Applicant(s) : 1,
MR SANDIP C SHAH for Opponent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 22/04/2011
ORAL
ORDER
1. The
present application is preferred praying for review of order dated
07.02.2011 passed by this Court in Appeal From Order No. 358 of 2010.
2. In
view of the averments made in the application, the appropriate remedy
for the applicant is to approach the trial court so as to enable the
trial court to inquire into the matter and recall the evidence which
were produced and appreciate them. It shall not be appropriate for
this court to appreciate the evidence at this stage. The trial court
shall look into the matter and get the documents verified in presence
of learned advocates for both the parties. It shall be open to the
trial court to recall the impugned order in view of the fact that the
same is passed on the basis of the document concerned. It is made
clear that if any document is found fraudulent, the trial court shall
pass appropriate orders including recall of the impugned order.
3. With
the aforesaid directions, application stands disposed of.
(K.S.
JHAVERI, J.)
Divya//
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