Gujarat High Court
Rakesh Construction Company vs Ahmedabad Urban Development Authority ... on 10 November, 2017
Author: S.R.Brahmbhatt
Bench: S.R.Brahmbhatt, R.P.Dholaria
C/SCA/19313/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 19313 of 2017
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RAKESH CONSTRUCTION COMPANY....Petitioner(s)
Versus
AHMEDABAD URBAN DEVELOPMENT AUTHORITY & 2....Respondent(s)
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Appearance:
MR.CHIRAG K SUKHWANI, ADVOCATE for the Petitioner(s) No. 1
MR GT DAYANI, ADVOCATE for the Respondent(s) No. 2
NOTICE SERVED BY DS for the Respondent(s) No. 1 , 3
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CORAM: HONOURABLE MR.JUSTICE S.R.BRAHMBHATT
and
HONOURABLE MR.JUSTICE R.P.DHOLARIA
Date : 10/11/2017
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE S.R.BRAHMBHATT)
1. Ms.Sangita Vishen, learned advocate for the respondent no.1 seeks time and urges that the matter may be posted on 14.11.2017.
2. Mr.Sukhwani, learned advocate for the petitioner urges the Court that let the arrangement made on account of statement made by the learned counsel for the respondent no.2 and he placed on record further affidavit.
3. Mr.Dayani, learned advocate for the respondent no.2 submits that there cannot be any objection to adjournment, but the loss that may accrue / damages to the respondent no.2 Page 1 of 2 HC-NIC Page 1 of 2 Created On Fri Nov 10 23:04:19 IST 2017 C/SCA/19313/2017 ORDER on account of delay in commencing the work may adequately taken care of, as he is extending the statement made earlier i.e. no work at the site will be carried out till the next date of hearing.
4. We are of the view that the question of losses / damages could be decided along with merits of the matter and the party ultimately found to be responsible and / or creating cause for delay will have to be called upon adequately to compensate the other.
The matter is adjourned to 14.11.2017.
(S.R.BRAHMBHATT, J.) (R.P.DHOLARIA,J.) Girish Page 2 of 2 HC-NIC Page 2 of 2 Created On Fri Nov 10 23:04:19 IST 2017