Gujarat High Court
Premila Premji Motivas & vs Mer Karsan Raide & 3 on 15 June, 2017
Author: P.P.Bhatt
Bench: P.P.Bhatt
C/FA/309/1985 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST APPEAL NO. 309 of 1985
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PREMILA PREMJI MOTIVAS & 1....Appellant(s)
Versus
MER KARSAN RAIDE & 3....Defendant(s)
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Appearance:
PARTY-IN-PERSON, ADVOCATE for the Appellant(s) No. 1
MR SV RAJU, ADVOCATE for the Defendant(s) No. 2
NOTICE NOT RECD BACK for the Defendant(s) No. 3 - 4
NOTICE SERVED for the Defendant(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE P.P.BHATT
Date : 15/06/2017
ORAL ORDER
1. In this matter, four chances have been given to the learned advocates for supplying the fresh set of the documents for reconstruction of the matter. Last time when the adjournment was granted on 04.05.2017, it was made it clear that five weeks' time was allowed/granted to take necessary steps for reconstruction failing which the Registry was directed to place this matter before this Court for passing further appropriate orders.
2. Despite sufficient opportunity was given, till date, no steps have been taken for reconstruction of the matter.
3. Under the circumstances, this Court has no other option, but to dispose of the proceedings with a liberty to the parties to apply for restoration and Page 1 of 2 HC-NIC Page 1 of 2 Created On Fri Jun 16 00:08:49 IST 2017 C/FA/309/1985 ORDER reconstruction in future if the advocates or the parties present necessary documents.
4. In similar situation, in Special Civil Application No.288 of 2002 and allied matters, the Division Bench of this Court (Coram: Akil A. Kureshi and Biren Vaishnav, JJ.) by order dated 30.03.2017 has also disposed of the proceedings by giving liberty to the parties to apply for restoration or reconstruction in future if the advocates present necessary documents.
5. In view of the above position and for want of documents for reconstruction, the present proceedings stand disposed of with a liberty to revive the same in case of any difficulty in future.
(P.P.BHATT, J.) BD Songara Page 2 of 2 HC-NIC Page 2 of 2 Created On Fri Jun 16 00:08:49 IST 2017