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SCA/860520/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 8605 of 2008
=========================================================
SURESH
H. JOSHI - Petitioner(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
MR
DG SHUKLA for
Petitioner(s) : 1, MR
HARDIK P DAVE for Petitioner(s) : 1,
MR SHIVANG SHUKLA AGP for
Respondent(s) : 1,
NOTICE SERVED BY DS for Respondent(s) : 1 -
2.
MS PJ DAVAWALA for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date : 17/09/2008
ORAL
ORDER
RULE.
In
view of the decision rendered in the case of B.G. Patel v. State
of Gujarat, reported in 2008(1) GLH pg.181 and the decision of
the Apex Court rendered in the case of Union of India v. S.P.
Singh reported in 2008 (5) SCC pg.438, ad-interim
relief in terms of para 9[B] is granted, subject to the result of
this petition.
The,
learned counsel for respondent no. 2 has requested for time to enable
her to file reply and submitted that the reply is ready, but it is in
finalization process before the legal department. The request is
declined, in view of the fact that on last occasion i.e. on 5th
September, 2008, time was granted to file reply, but till date no
reply has been filed. The matter is listed for 5 times and, hence
the aforesaid order is passed. Respondent no. 1 has not filed any
reply.
[K.S.
JHAVERI, J.]
/phalguni/
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