Gujarat High Court
J B Patel (Jayantilal Becharbhai ... vs State Of Gujarat Thro Secretary & 2 on 13 March, 2015
Author: K.M.Thaker
Bench: K.M.Thaker
C/CA/1827/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL APPLICATION (FOR FIXING DATE OF HEARING) NO. 1827 of 2015
In SPECIAL CIVIL APPLICATION NO. 13129 of 2012
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J B PATEL (JAYANTILAL BECHARBHAI PATEL)- PARTNER OF
HAREKRISHNA & COMPANY....Applicant(s)
Versus
STATE OF GUJARAT THRO SECRETARY & 2....Respondent(s)
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Appearance:
RC JANI & ASSOCIATE, ADVOCATE for the Applicant(s) No. 1
MS SHRUTI PATHAK AGP for the Respondent(s) No. 1
MR MANISH J PATEL, ADVOCATE for the Respondent(s) No. 3
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CORAM: HONOURABLE MR.JUSTICE K.M.THAKER
Date : 13/03/2015
ORAL ORDER
1. When the application is called out and taken up for hearing, learned advocate for the applicant is not present. Any request for passover or adjournment is also not made.
2. It is relevant to mention that the applicant has filed application with the request that the date for final hearing of the petition may be Page 1 C/CA/1827/2015 ORDER fixed.
3 The applicant or learned advocate for the applicant who do not have time to attend the application seeking order fixing date for final hearing of the petition is not likely to get time to conduct the final hearing of the petition and that therefore, it appears that present application is made only for sake of completing formality.
4. Besides this, it is necessary to take into account the fact that the petitioner has filed petition being Special Civil Application No. 13129 of 2012 in 2012. Several senior and old matters filed prior to 2012 are pending for final hearing.
5. In this view of the matter, if the relief as prayed for in present application is granted then it would amount to allowing the petitioner -
Page 2 C/CA/1827/2015 ORDER applicant to steal march over other senior and old petitions.
6. In such circumstances, such out of turn and preferential hearing cannot be granted. Therefore, the application is disposed of without any order as prayed for by the applicant.
7. Office will list the petition being Special Civil Application No. 13129 of 2012 in the cause list for final hearing in due course as per its seniority.
With the aforesaid clarifications, the application is disposed of.
(K.M.THAKER, J.) Suresh* Page 3