Gujarat Industries Power Co.Ltd vs Fatima Bibi Wd/O Ibrahim Badat & 2 on 5 July, 2016

[Cites 0, Cited by 4]

Gujarat High Court

Gujarat Industries Power Co.Ltd vs Fatima Bibi Wd/O Ibrahim Badat & 2 on 5 July, 2016

Author: M.R. Shah

Bench: M.R. Shah, A.S. Supehia

                    C/CA/5836/2016                                              ORDER




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

         CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 5836 of 2016
                 In CIVIL APPLICATION (STAMP NUMBER) NO. 6097 of 2016
                           In CIVIL APPLICATION NO. 11213 of 2015
                   In FIRST APPEAL (STAMP NUMBER) NO. 1864 of 2015
                                              With
                  CIVIL APPLICATION (STAMP NUMBER) NO. 6097 of 2016
                            In CIVIL APPLICATION NO. 11213 of 2015
                                              With
                             CIVIL APPLICATION NO. 11213 of 2015
                   In FIRST APPEAL (STAMP NUMBER) NO. 1864 of 2015
                                              With
                    FIRST APPEAL (STAMP NUMBER) NO. 1864 of 2015
                                              With
                 CIVIL APPLICATION (STAMP NUMBER) NO. 11207 of 2015
                   In FIRST APPEAL (STAMP NUMBER) NO. 1864 of 2015
         ==========================================================
                   GUJARAT INDUSTRIES POWER CO.LTD.....Applicant(s)
                                        Versus
                  FATIMA BIBI WD/O IBRAHIM BADAT & 2....Respondent(s)
         ==========================================================
         Appearance:
         MR NANGESH CHUDGAR for NANAVATI ASSOCIATES, ADVOCATE for the
         Applicant(s) No. 1
         MR SRUTI PATHAK AGP for the Respondent(s) No. 3
         ==========================================================

         CORAM:HONOURABLE MR.JUSTICE M.R. SHAH
               and
               HONOURABLE MR.JUSTICE A.S. SUPEHIA

                                     Date : 05/07/2016

                              ORAL ORDER

(PER : HONOURABLE MR.JUSTICE M.R. SHAH) 1.00. Considering the fact that the original claimant died during the pendency of the reference, Mr.Nandesh Chudgar, Page 1 of 2 HC-NIC Page 1 of 2 Created On Sat Jul 09 00:51:41 IST 2016 C/CA/5836/2016 ORDER learned advocate appearing for Nanavati Associates seeks permission to withdraw present Civil Application No. 5836 of 2016, Civil Application (Stamp) No. 6097 of 2016, Civil Application No. 11213 of 2015, First Appeal (Stamp) No. 1864 of 2015 as well as Civil Application (Stamp) No. 11207 of 2015, with a liberty approach the learned Reference Court by submitting an appropriate application, to being the heirs of the deceased claimant on record and consequently to amend the cause title of the reference and judgement and award and thereafter to prefer First Appeal.

2.00. Permission as prayed for is granted. Present Civil Application No. 5836 of 2016, Civil Application (Stamp) No. 6097 of 2016, Civil Application No. 11213 of 2015, First Appeal (Stamp) No. 1864 of 2015 as well as Civil Application (Stamp) No. 11207 of 2015, are dismissed as withdrawn with above liberty.

Thereafter and as and when First Appeal is preferred after the cause title of the reference and the judgement and award passed by the learned Reference Court is modified, the same be considered in accordance with law and on merits.

(M.R.SHAH, J.) (A. S. SUPEHIA, J.) Rafik...

Page 2 of 2

HC-NIC Page 2 of 2 Created On Sat Jul 09 00:51:41 IST 2016

Legal Document View

Unlock Advanced Research with PRISMAI

Gujarat High Court