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SCA/13823/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 13823 of 2009
=========================================================
SHAMBHUKUMAR
KANCHANLAL DARJI - Petitioner(s)
Versus
ARPITKUMAR
PRAFULBHAI PANCHAL & 3 - Respondent(s)
=========================================================
Appearance :
MR
MA KHARADI for
Petitioner(s) : 1,
NOTICE SERVED BY DS for Respondent(s) : 1 -
4.
MR UM SHASTRI for Respondent(s) :
2,
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CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
Date
: 04/02/2010
ORAL
ORDER
1. Pursuant
to the earlier order passed by this Court, Mr. Subhashchandra
Kanchanlal Mehta, Manager of the bank is present and on behalf of the
District Superintendent of Police, Mr. V.B.Patel, Police Sub
Inspector is present and respondent No.1 – owner, as per the police
officer, was communicated about this order but inspite of the same he
has not remained present.
2. It
has been stated on behalf of the petitioner by Mr. Kharadi that all
household items which were lying at the time when the bank took over
the possession were belonging to the petitioner.
3. Under
these circumstances, in order to prima facie verify the actual
occupation of the petitioner or the owner, it is directed that
respondent No.3 District Superintendent of Police shall ensure
that the statements of the nearby neighbours for actual possession of
the premises, prior to 25.11.2009, shall be recorded and shall be
produced before this Court. Further, in order to see that nobody is
permitted to induct into the premises, the Police Sub Inspector who
is present is directed to apply the seals and produce the compliance
report on 10th February, 2010.
4. Copy
of the order shall also be made available to Mr. Raval, learned
Assistant Government Pleader.
S.O.
to 10th February, 2010.
[JAYANT
PATEL, J.]
jani
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