Gujarat High Court Case Information System
Print
CA/523/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR DIRECTION No. 523 of 2010
In
SPECIAL
CIVIL APPLICATION No. 25799 of 2007
=========================================================
VRUSHTI
FINANCIAL PVT LTD - Petitioner(s)
Versus
GOLD
COIN HEALTH FOODS LTD & 2 - Respondent(s)
=========================================================
Appearance
:
Ms.
ANUSHREE KAPADIA FOR MS
MEGHA JANI for
Petitioner(s) : 1,
MR HR PRAJAPATI for Respondent(s) : 1,
MR
PAVAN S GODIAWALA for Respondent(s) : 2 -
3.
=========================================================
CORAM
:
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 29/01/2010
ORAL
ORDER
1. This
application has been filed by the applicant
(original petitioner), with a prayer to fix an early date for final
hearing of Special Civil Application No.25799/2007. Copies of the
application have been served upon the learned counsel who are
representing the respective respondents.
However, the learned counsel for the respondents have not put in an
appearance today.
2. Ms.
Anushree Kapadia, learned advocate for Ms. Megha Jani, learned
counsel for the applicant has submitted that the
petition has been filed on the ground, inter alia, that the impugned
order of the City Civil Court, Ahmedabad is in contravention of the
provisions of the Order-21 Rules-64 and 66 of the Code of Civil
Procedure, insofar as it has failed to appreciate that sale of only
one part of the attached property would be sufficient to meet the
decretal debt, therefore, there is an urgency in the petition, as the
petitioner is being deprived of properties of a higher value than the
decretal amount.
2. Having
heard the learned counsel for the applicant and in view of the
averments made in paragraphs 2 to 4 of the application, the prayer
made in the application deserves to be granted. Accordingly, this
application is allowed. The Registry may place Special Civil
Application No.25799/2007 for final hearing, on 16th
March, 2010.
(Smt. Abhilasha Kumari, J.)
Safir*
Top
