Gujarat High Court
M/S Sanskruti Infra Developers Private ... vs Sanjay Jayantilal Jain on 23 December, 2015
Author: S.R.Brahmbhatt
Bench: S.R.Brahmbhatt, K.J.Thaker
C/FA/2536/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST APPEAL NO. 2536 of 2015
With
CIVIL APPLICATION NO. 13394 of 2015
In
FIRST APPEAL NO. 2536 of 2015
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M/S SANSKRUTI INFRA DEVELOPERS PRIVATE LIMITED....Appellant
Versus
SANJAY JAYANTILAL JAIN....Defendant
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Appearance:
MR SP MAJMUDAR, ADVOCATE for the Appellant
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CORAM: HONOURABLE MR.JUSTICE S.R.BRAHMBHATT
and
HONOURABLE MR.JUSTICE K.J.THAKER
Date : 23/12/2015
COMMON ORAL ORDER
(PER : HONOURABLE MR.JUSTICE S.R.BRAHMBHATT) ORDER IN FIRST APPEAL:
Notice for final disposal returnable on 21.01.2016. ORDER IN CIVIL APPLICATION :
Leave to join Shri Nilay Desai as party in Civil Application for time being. Notice for final disposal returnable on 21.01.2016.
Learned advocate appearing on behalf of applicant has placed on record the extract of the minutes of the meeting of the Board of Directors Page 1 of 2 HC-NIC Page 1 of 2 Created On Thu Dec 24 02:34:32 IST 2015 C/FA/2536/2015 ORDER dated 5.4.2013, the same is taken on record.
The counsel for the applicant has invited this Court's attention to the factum of purchase of land in question, which occurred on 9.4.2013. based upon the authorization granted in favour of said so called power of attorney on 5.4.2013. The Counsel for the applicant has also stated under instructions at bar that Shri Nilay Desai had never a power of attorney to act on behalf of the applicant.
In view of this statement made at bar and on perusal of the plaint and decree, it appears that prima-facie there seems to be a case for interference. Hence, let there be a status-quo as on date qua property as well as the direction contained in the decree.
(S.R.BRAHMBHATT, J.) (K.J.THAKER, J) pallav Page 2 of 2 HC-NIC Page 2 of 2 Created On Thu Dec 24 02:34:32 IST 2015