Gujarat High Court
Gmm Pfaudler Ltd vs Swiss Glascoat Equipments Ltd & 2 on 20 January, 2017
Author: S.H.Vora
Bench: S.H.Vora
C/SCA/19136/2016 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 19136 of 2016
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GMM PFAUDLER LTD....Petitioner(s)
Versus
SWISS GLASCOAT EQUIPMENTS LTD & 2....Respondent(s)
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Appearance:
MR MIHIR THAKORE SR.ADV. WITH MR NIRAG PATHAK WITH MS
GRISHMA AHUJA FOR SHARDUL AMARCHAND MANGALDAS AND CO,
ADVOCATE for the Petitioner(s) No. 1
MR SI NANAVATI SR.ADV. FOR MS ANUJA S NANAVATI, ADVOCATE for
the Respondent(s) No. 1 - 3
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CORAM: HONOURABLE MR.JUSTICE S.H.VORA
Date : 20/01/2017
ORAL ORDER
1. By way of the present petition under Article 227 of the Constitution of India, the petitioner has prayed for the following relief:-
"14B. Quash and set aside the impugned orders dated 5th March, 2016 passed below Exh.1 and; 6th August, 2016, passed in Miscellaneous Application No.19 of 2016 below Exh.1, in Special Civil Suit No.158 of 1993 by the Learned 2nd Additional Senior Civil Judge at Anand."
2. Having heard submissions made at bar by learned Senior Counsel Mr.Mihir Thakore appearing with Mr.Nirag Pathak with Ms.Grishma Ahuja for Shardul Amarchand Mangaldas and Co. for the petitioner and learned Senior Counsel Mr.S.I. Nanavati appearing for learned advocate Ms.A.S. Nanavati for the Page 1 of 2 HC-NIC Page 1 of 2 Created On Tue Jan 24 02:22:27 IST 2017 C/SCA/19136/2016 ORDER respondents and considering the impugned orders as well as considering the adjournment application Exhs.146 and 147, this Court do not find that there is any such averment made in the adjournment applications about attending conference at Dubai for 26 days and, therefore, the learned trial Judge has misread the averments made in the adjournment applications and, on this count alone, present petition requires to be accepted and is hereby allowed. Impugned orders dated 05.03.2016 passed below Exh.1 and 06.08.2016 passed below Exh.1 in Civil Misc. Application No.19 of 2016 by the Learned 2nd Additional Senior Civil Judge, Anand are hereby quashed and set aside. Special Civil Suit No.158 of 1993 is restored to its original file and the learned trial Judge is hereby directed to proceed with hearing of the suit in accordance with law.
(S.H.VORA, J.) Hitesh Page 2 of 2 HC-NIC Page 2 of 2 Created On Tue Jan 24 02:22:27 IST 2017