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SCA/4708/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 4708 of 2008
=========================================================
URVIBEN
BHUPENDRABHAI SHAH - Petitioner(s)
Versus
NIRBHAY
S SHAH - Respondent(s)
=========================================================
Appearance :
MR
RAHUL A TRIVEDI for Petitioner(s) : 1,
DS
AFF.NOT FILED (N) for Respondent(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 28/07/2008
ORAL
ORDER
On
17.06.2008, learned Single Judge of this Court has passed the
following order :
?SBy
an order dated 1.1.2008, the learned Court granted the conditional
leave to defend on condition of deposit of 50% of the principal
amount. Against the said order, present petition is preferred and by
order dated 14.3.2008, ad interim relief staying the operation of the
said order dated 1.1.2008 was granted. At that time, notice was
issued and made returnable on 4.4.2008. Since then, notice is not
served. Though the notice could not be served, the petitioner
accepted direct service which was permitted by order dated 7.5.2008.
After said order dated 7.5.2008 also, the notice has remained
unserved. The petitioner is enjoying ex-parte ad interim relief and
does not appear to be seriously taking steps to serve the notice of
the Court.
Today,
Mr. Trivedi for the petitioner submits that as a last chance, a short
adjournment may be granted so that the petitioner may be informed
about the consequences. Considering the request of Mr. Trivedi and as
a last chance, the matter is adjourned to 26.6.2008. Ad interim
relief granted by order dated 14.3.2008 is restricted till then.??
Mr.Trivedi,
learned Advocate for the petitioner has submitted that after the
aforesaid order dated 17.06.2008, he has informed the petitioner to
furnish fresh address, but in spite of receipt of said letter, the
petitioner is not responding. Therefore, he has no further
instructions in the matter. Hence, dismissed for non-prosecution.
Notice discharged.
[M.R.Shah,J.]
satish
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