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MCA/225/2010 1/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION - FOR TRANSFER No. 225 of 2010
=========================================================
PUNAMBEN
CHETANDAS DHANWANI & 1 - Applicant(s)
Versus
MANOJ
CHETANDAS DHANWANI & 4 - Opponent(s)
=========================================================
Appearance
:
MS
BHAVIKA H KOTECHA for
Applicant(s) : 1 - 2.
MR CJ VIN for Opponent(s) : 1 - 3.
NOTICE
NOT RECD BACK for Opponent(s) : 4,
NOTICE SERVED for Opponent(s) :
5,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 09/03/2010
ORAL ORDER
Leave
to delete the opponent Nos.4 and 5, as prayed by the applicants, is
granted. The applicants shall carry out the amendment within 3 days
from today.
Mr.
C.J.Vin, learned advocate, who appears for all the opponents in
present application states, on instructions of Mr. Manoj C.
Dhanwani-opponent No.1 in present application, that the proceedings
of Civil Misc. Application No.3 of 2005 are already concluded.
It
is pertinent that by present application, the applicants have prayed
that the Civil Misc. Application No.3 of 2005 may be transferred from
Gandhidham to Ahmedabad for the reasons stated in the application.
However, since the entire proceedings of said Civil Misc. Application
No.3 of 2005 are concluded, as stated by learned advocate Mr. Vin on
instructions of his client, the cause for present application does
not survive and the application has become infructuous.
Hence,
in view of the statement of Mr. Vin, learned advocate for the
opponents, the application is disposed of as having become
infructuous upon the cause having come to an end. However, liberty in
favour of the applicants is reserved to revive the application if the
aforesaid statement is found to be factually not accurate i.e. if the
proceedings in the said Civil Misc. Application No. 3 of 2005 is
still alive.
With
the aforesaid clarification, the application is disposed of. Notice
is discharged.
[K.M.Thaker,
J.]
kdc
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