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AO/431/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
APPEAL
FROM ORDER No. 431 of 2009
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YOGESH
HARISHCHANDRA VYAS & 3 - Appellant(s)
Versus
N
R WAGHWALA & 7 - Respondent(s)
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Appearance
:
MR
NM KAPADIA for Appellant(s) : 1, 4,DELETED for Appellant(s) : 2 -
3.
None for Respondent(s) : 1 -
8.
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CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 08/04/2010
ORAL
ORDER
Heard
learned advocate Mr.Kapadia for the appellants-original plaintiffs.
The learned advocate invited attention of the Court to the order
impugned in this Appeal From Order being order below exh.5 in Special
Civil Suit No.455 of 2002 dated 21st March 2009. The
learned Judge has not granted injunction as prayed for by observing
as under:
.. .. I am
of the opinion that the balance of convenience is not in favour of
the plaintiff and hence, decide issue no.2 in the negative. As
discussed above, the plaintiff has valued the shares at Rs.2,88,000/-
and I am of the opinion that no irreparable loss would occur to the
plaintiff if an ad interim injunction order is not granted in favour
of the plaintiff and hence loss if any upto the extent of
Rs.2,88,000/- would accrue to the plaintiff, which can be compensated
in terms of money and hence I decide issue no.3 in the negative.
2. This
Court, having perused the detailed reasoning given by the learned
Judge, finds no reason to interfere with the order. Hence the Appeal
From Order is dismissed.
(RAVI
R. TRIPATHI, J.)
karim
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