Gujarat High Court
Ranchhodbhai Dahyabhai Limbasia ... vs Controlling Authority & 2 on 8 August, 2016
Author: K.M.Thaker
Bench: K.M.Thaker
C/SCA/9158/2011 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 9158 of 2011
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RANCHHODBHAI DAHYABHAI LIMBASIA EDUCATION TRUST
THROUGH....Petitioner(s)
Versus
CONTROLLING AUTHORITY & 2....Respondent(s)
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Appearance:
MR NC SHAH, ADVOCATE for the Petitioner(s) No. 1
MR NV GANDHI, ADVOCATE for the Petitioner(s) No. 1
NOTICE SERVED BY DS for the Respondent(s) No. 1 - 3
RULE SERVED BY DS for the Respondent(s) No. 1 - 3
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CORAM: HONOURABLE MR.JUSTICE K.M.THAKER
Date : 08/08/2016
ORAL ORDER
1. On 4.3.2016, below quoted was passed in respect of this petition:
"When the petition is called out and taken up for hearing learned advocate for the petitioner and learned advocate for the respondent are not present. Present petition involves question about payment of gratuity.
The petitioner has challenged the order passed by the Controlling Authority and neglected the hearing inasmuch as when the petition is called out and taken up for hearing no one is present and any request for passover or adjournment is also not made. With a view to granting opportunity, the hearing is differed until tomorrow with the clarification that if learned advocate for the petitioner does not attend the hearing then appropriate order will be passed even in absence of the petitioner or learned advocate in first round and leave note and sick note will not be Page 1 of 2 HC-NIC Page 1 of 2 Created On Wed Aug 10 03:21:47 IST 2016 C/SCA/9158/2011 ORDER considered.
S.O. to 5.5.2016."
2. Thereafter, the petition came to be adjourned from time to time and it is listed for final hearing today.
3. Today also, learned advocate for the petitioner is not present. Any request for passover or adjournment is not made. No one has cared to attend hearing or even to make request for passover and hearing of this petition is completely neglected. Therefore, the petition is dismissed for non prosecution. Rule is discharged.
(K.M.THAKER, J.) Bharat Page 2 of 2 HC-NIC Page 2 of 2 Created On Wed Aug 10 03:21:47 IST 2016