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LPA/44619/1996 2/ 3 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 446 of 1996
For
Approval and Signature:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
HONOURABLE
MR.JUSTICE K.M.THAKER
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1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To
be referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge ?
=================================================
THAKORE
SITAJI MOHANJI & 1 - Appellant(s)
Versus
DIST.REGISTRAR
CO OP.SOCIETIES& DY.DIRECTOR & 2 - Respondent(s)
=================================================
Appearance
:
NOTICE SERVED for Appellant(s)
: 1 ? 2. Ms.T.N. KACHCHI, AGP for resp. no.1
Mr.SARTHAK
VYAS FOR Mr.PRAKASH K JANI for Respondent(s) : 3,
NOTICE SERVED
for Respondent(s) :
2,
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CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
and
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 09/09/2008
ORAL
JUDGMENT
(Per : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)
The
present appeal is filed on 23rd April 1996 being aggrieved
of the judgement and order dated 26th March 1996 in
Special Civil Application No.1799 of 1996. The learned Single Judge
dismissed the petition, discharged notice and vacated interim order.
This Court [Coram: R.A. Mehta, Acting C.J. & C.K. Thakker, J. (as
he then was)] issued notice on 3rd February 1997
returnable on 17th February 1997. After a couple of
adjournments, on 9th April 1997, the Court passed the
following order:
?SHeard the learned
advocates for the parties. Appeal is admitted. Hearing is
expedited.??
2. From
the record, it transpires that an application being Civil Application
No.4001 of 1996, was filed wherein the Court was pleased to pass the
following order on 9th April 1997:
?SHeard Mr.Shah for
the applicants, Mr.Jhaveri for resp. no.1 and Mr.Jani for resp. no.3.
On the facts and in the circumstances of the case, the interim relief
as prayed for cannot be granted. This CA is, therefore, rejected.??
3. The
learned advocate, who filed the Letters Patent Appeal is elevated to
the Bench of this Court and therefore, the office issued notices to
the appellants on 6th November 2006, to the effect that,
?STake notice that
the advocate Mr.Mukesh R. Shah engaged by you in the aforesaid
Letters Patent Appeal No.446 of 1996 has been elevated to the bench
of this High Court. Therefore, you are hereby informed to remain
present before this Hon’ble Court personally or by an advocate or by
some one by law authorised to act for you, within one month from the
date of service of this notice to you. If no appearance
is made on your behalf, your advocate or by some one by law
authorised to act for you, the Court will hear the said petition ex
parte.?? (emphasis
supplied)
The
said notices are served on the appellants on 21st and 22nd
November 2006. Despite service of the notices, the appellants chose
not to cause any appearance before this court. The matter was taken
up for hearing. Learned advocate Mr.Sarthak Vyas for Mr.P.K. Jani
invited attention of the Court to the judgement and order dated 26th
March 1996 passed by the learned Single Judge. On perusal of the
same and on perusal of the contentions raised in the appeal, the
Court finds no reason to interfere with the judgement and order dated
26th March 1996 passed by the learned Single Judge.
4. In
the result, the Letters Patent Appeal fails and the same is
dismissed.
(RAVI R. TRIPATHI, J.)
(K.M. THAKER, J.)
karim
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