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Gujarat High Court

Digjam Ltd vs Parakramsinh J Jadeja on 5 July, 2016

Author: K.M.Thaker

Bench: K.M.Thaker

                  C/SCA/6047/2012                                                  ORDER



                  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      SPECIAL CIVIL APPLICATION NO. 6047 of 2012


                               DIGJAM LTD....Petitioner(s)
                                       Versus
                         PARAKRAMSINH J JADEJA....Respondent(s)
         Appearance:
         MR SHIRISH JOSHI, ADVOCATE for the Petitioner(s) No. 1
         APPEARANCE DELETED for the Respondent(s) No. 1
         NOTICE UNSERVED for the Respondent(s) No. 1

          CORAM: HONOURABLE MR.JUSTICE K.M.THAKER
                            Date : 05/07/2016
                                           ORAL ORDER

The office has circulated office note dated 4.7.2016 which reads thus:-

"This is in connection with S.C.A. No. 6047/2012.
In this connection, it is respectfully submitted that the aforesaid matter is unready as Advocate Notice issued to Respondent No.1 is unserved as not found at given address, as per bailiff report.
This is respectfully submitted to the Honourable Court for passing necessary order."

In view of the said remarks one week time is granted to the petitioner to supply correct, complete and present address of the respondent No.1 so that fresh Notice can be served to the respondent No.1 and thereafter the petition, Page 1 of 2 HC-NIC Page 1 of 2 Created On Wed Jul 06 03:02:21 IST 2016 C/SCA/6047/2012 ORDER which is pending since 2012 can be heard on merits.

It is clarified that if the petitioner fails to supply correct, complete and present address of the respondent No.1 on or before 12.7.2016 then the registry will place this petition for appropriate orders on 13.7.2016 in regular course and not under the code 135.

It is also clarified that the Court has noticed that present petition has taken out against interim order passed at interlocutory stage of the proceedings before learned Tribunal.

Under the circumstances the petition deserves to be and can be disposed of at this stage with appropriate orders and clarification / direction.

On the next date, this aspect would also be taken into consideration by the Court while passing order.

S.O. to 13.7.2016. To be placed in regular course.

(K.M.THAKER, J.) Suresh* Page 2 of 2 HC-NIC Page 2 of 2 Created On Wed Jul 06 03:02:21 IST 2016