Gujarat High Court
Harvinder Dinanath Sharma vs Neelam Harvinder Sharma & on 26 March, 2015
Author: A.J.Desai
Bench: A.J.Desai
C/SCA/17505/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 17505 of 2014
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HARVINDER DINANATH SHARMA....Petitioner(s)
Versus
NEELAM HARVINDER SHARMA & 1....Respondent(s)
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Appearance:
MR NIRAV SANGHAVI ADVOCATE FOR MR ASHISH M DAGLI, ADVOCATE
for the Petitioner(s) No. 1
DS AFF.NOT FILED (N) for the Respondent(s) No. 2
MR KM ANTANI ASSISTANT GOVERNMENT PLEADER for the
Respondent(s) No. 2
MR PRAVIN GONDALIYA, ADVOCATE for the Respondent(s) No. 1
NOTICE SERVED for the Respondent(s) No. 2
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CORAM: HONOURABLE MR.JUSTICE A.J.DESAI
Date : 26/03/2015
ORAL ORDER
Mr. Nirav Sanghvi, learned advocate appearing for the petitioner seeks permission to withdraw present petition with a liberty to file appropriate proceedings with regard to claim of set off and with regard to reimbursement of medical bills. Permission as prayed for is granted. The trial Court shall decide the case if filed by the petitioner on its own merit. It would be open for the respondent to oppose such application by Page 1 of 2 C/SCA/17505/2014 ORDER taking the contentions which are available including the contention that the issue of reimbursement and set off has already been decided in earlier proceedings. The trial Court shall also decide the maintainability of such application if such objection is raised by the respondent. Petition stands disposed of as withdrawn with above liberty. Notice is discharged. It is hereby made clear that this Court has not gone into the merits of the matter and the trial Court shall decide such application without being influenced by the present order. .
(A.J.DESAI, J.) niru* Page 2 of 2