Gujarat High Court
Saraspur Nagrik Co-Operative Bank Ltd vs Desert Storm Chem Pvt.Limited & 7 on 3 August, 2015
Author: K.M.Thaker
Bench: K.M.Thaker
C/SCA/2661/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 2661 of 2015
With
SPECIAL CIVIL APPLICATION NO. 2879 of 2015
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SARASPUR NAGRIK CO-OPERATIVE BANK LTD. 1, DARSHAN SOCIETY,
NAVRANGPURA, AHMEDABAD-9....Petitioner(s)
Versus
DESERT STORM CHEM PVT.LIMITED & 7....Respondent(s)
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Appearance:
MR BHARAT JANI, ADVOCATE for the Petitioner(s) No. 1
MR ASHISH H SHAH, ADVOCATE for the Respondent(s) No. 3 , 7.1 - 7.3
RULE SERVED for the Respondent(s) No. 2 , 6 , 7.4 - 7.5 , 8
RULE UNSERVED for the Respondent(s) No. 1 , 4 - 5
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CORAM: HONOURABLE MR.JUSTICE K.M.THAKER
Date : 03/08/2015
ORAL ORDER
1. In view of the facts of the case, the order dated 15.07.2015 was passed. The said order reads thus:-
" These petitions are admitted for final hearing under order dated 13.4.2015.
However, today's cause list shows that certain respondents are not served with the process of the Court either due to incomplete or incorrect address or because the concernedrespondent has left the Country and is staying Abroad.
So far as respondent No. 5 is concerned, remark shows that the premises is demolished.Page 1 of 4
HC-NIC Page 1 of 4 Created On Wed Aug 05 00:40:52 IST 2015 C/SCA/2661/2015 ORDER In nutshell, the petitioner has not mentioned correct, complete and present addresses of the said unserved respondents.
Time until 29.7.2015 is granted to the petitioner to supply correct, competent and present addresses of the said unserved respondents.
If the petitioner supplies correct, complete and present addresses of the said unserved respondents, fresh process of Rule may be issued to the unserved respondents making it returnable on 31.8.2015.
If the addresses are not supplied within time mentioned above then the petitions may be placed before the Court on 29.7.2015 for appropriate orders."
2. The petitioner did not comply with the said order dated 15.07.2015. Therefore, office circulated note dated 29.07.2015. The said note reads thus:-
"It is respectfully submitted that, as per the Hon'ble Court's (Coram:Hon'ble Mr.Justice K.M.Thaker) order dated 15.07.2015, learned advocate for the appellant has not supplied correct, complete and present addresses of unserved respondents in the matter till date."
3. Office placed the said note on 30.07.2015 for appropriate orders.
4. In view of the said note, the Court passed below quoted order on 30.07.2015, which reads Page 2 of 4 HC-NIC Page 2 of 4 Created On Wed Aug 05 00:40:52 IST 2015 C/SCA/2661/2015 ORDER thus:-
"1. On 15.7.2015, below quoted order was passed:
" These petitions are admitted for final hearing under order dated 13.4.2015.
However, today's cause list shows that certain respondents are not served with the process of the Court either due to incomplete or incorrect address or because the concernedrespondent has left the Country and is staying Abroad.
So far as respondent No. 5 is concerned, remark shows that the premises is demolished.
In nutshell, the petitioner has not mentioned correct, complete and present addresses of the said unserved respondents.
Time until 29.7.2015 is granted to the petitioner to supply correct, competent and present addresses of the said unserved respondents.
If the petitioner supplies correct, complete and present addresses of the said unserved respondents, fresh process of Rule may be issued to the unserved respondents making it returnable on 31.8.2015.
If the addresses are not supplied within time mentioned above then the petitions may be placed before the Court on 29.7.2015 for appropriate orders."
2. Despite that the petitioner has failed to comply the said order.
3. Since learned advocate for the petitioner has filed leave note today, appropriate order is deferred.
4. S.O. to 3.8.2015.
5. It is clarified that appropriate order will be passed by the Court on 3.8.2015 so far as Page 3 of 4 HC-NIC Page 3 of 4 Created On Wed Aug 05 00:40:52 IST 2015 C/SCA/2661/2015 ORDER unserved respondents are concerned if the petitioner does not comply the order dated 15.7.2015."
5. Despite the said order, until now, the petitioner has not supplied correct, complete and present addresses of the unserved respondents.
6. Today, learned advocate for the petitioner submitted that the petitioner will take out application for substituted service. For the said purpose, time is granted. S.O. to 10.08.2015.
(K.M.THAKER, J.) Girish Page 4 of 4 HC-NIC Page 4 of 4 Created On Wed Aug 05 00:40:52 IST 2015