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SCA/13371/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 13371 of 2010
=========================================
POLYMERS
INDUSTRIES
Versus
KIRITBHAI
RATILAL SHAH
=========================================
Appearance
:
MR KM PATEL WITH MR JIGAR M
PATEL for Petitioner
MR TARAK DAMANI for
Respondent
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 08/10/2010
ORAL
ORDER
[1] Heard Mr.K. M.
Patel, learned senior advocate with Mr.Jigar M. Patel, learned
advocate for the petitioner and Mr.Tarak Damani, learned advocate for
the respondent.
[2] Mr.Tarak Damani,
learned advocate for the respondent has raised objection regarding
maintainability of the petition under Section 29 of the Rent Act.
Subject to respondent’s objection regarding maintainability of the
petition, RULE returnable on 18th
October, 2010. Ad-interim relief in terms of para-10(C) till the
next date of hearing. NOTICE as to interim relief returnable
on 18th October, 2010.
[3] Mr.K. M. Patel,
learned senior advocate for the petitioner has submitted that the
learned trial Court who passed the impugned order itself has stayed
the operation of the impugned order till 14th October,
2010. The said statement is not disputed by the learned advocate for
the respondent.
[4] By
virtue of the impugned order, the learned trial Court has permitted
institution of the counter claim after the stage of the written
statement and framing of the issues was over and the stage of
evidence of the plaintiff was in progress. The order is challenged in
view of the provisions under Order 8, Rule -6A of the Code of Civil
Procedure on the ground that at this stage the counter claim could
not have permitted.
[5] It
would be open for the respondent to file affidavit opposing the
prayer of interim relief. Affidavit to be filed on or before 15th
October, 2010 with an advance copy of the petitioner. The matter is
listed in first board on 19th October,
2010.
[
K. M. THAKER, J. ]
vijay
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