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FA/3844/2006 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST
APPEAL No. 3844 of 2006
with
CIVIL
APPLICATION NO 11730 of 2006
=========================================================
PRAVIN
RATILAL SHARE & STOCK BROKERS LTD. - Appellant(s)
Versus
BHANUBHAI
S. PATEL - Defendant(s)
=========================================================
Appearance
:
MS
DHARMISHTA RAVAL for
Appellant(s) : 1,
MR JIGAR M PATEL for Defendant(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 06/08/2008
ORAL
ORDER
Heard
learned Advocate Ms. Dharmistha N. Raval for the appellant original
defendant and Mr. Jigar M. Patel, learned advocate for the
respondent original plaintiff.
Learned
Advocate Ms. Raval for the appellant submits that the summary suit
was filed by the original plaintiff against the present appellant
which was ex parte decided as advocate for the appellant has not
remained present against said ex parte decree, restoration
application was filed by the appellant which was also rejected by
the trial court and, thereafter, against that, special civil
application no. 25686 of 2006 is filed by the appellant before this
court wherein rule is issued by this court and restrained the
respondents from withdrawing Rs.7,31,108.00 deposited by the
appellant in the registry of the City Civil Court Ahmedabad. This
order was passed by this court on 8th December, 2006.
In
view of this back ground, now in the present appeal, ex parte decree
is challenged by the appellant before this court, therefore,
ultimately, challenging order passed on restoration application
against ex parte decree and now appellant is challenging ex parte
decree in first appeal and, therefore, this appeal would also
require detailed examination. Therefore, admit this appeal.
Learned Advocate Mr. Jigar
Patel appearing for the respondent original plaintiff waives notice
of admission of appeal on behalf of the respondent original
plaintiff.
There
is no question of granting any interim relief at this stage in this
appeal because stay granted by this court in aforesaid special civil
application has protected interest of the appellant sufficiently.
Therefore, no orders are required to be passed on civil application
for stay. Therefore, civil application for stay is disposed of
accordingly.
(H.K.
Rathod,J.)
Vyas
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