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C/FA/874/2002 ORDER DATED: 23/09/2022 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 874 of 2002 ========================================================== COMMISSIONER Versus GAURIBEN PURSHOTTAMBHAI & 5 other(s) ========================================================== Appearance: MR HS MUNSHAW(495) for the Appellant(s) No. 1 MR VH KANARA(1881) for the Defendant(s) No. 1,2,3,4 MR VIBHUTI NANAVATI(513) for the Defendant(s) No. 6 NOTICE SERVED for the Defendant(s) No. 5 SERVED BY RPAD (R) for the Defendant(s) No. 5 ========================================================== CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
Date : 23/09/2022 ORAL ORDER
1. On 26.09.2016, this Court has passed the following order:
“When the matter is taken up for hearing, learned advocate Mr.H.S.Munshaw for the appellant as well as learned advocate Mr.V.H.Kanara for the respondents No.1 to 4 are not present. At the request of learned advocate Mr.Raviraj Chauhan for learned advocate Mr.Vibhuti Nanavati appearing for the respondent No.6, the matter is adjourned.”
2. Today, when the matter is called out, learned advocate Ms.Masumi Nanavati for learned advocate Mr.Vibhuti Nanavati and learned advocate Ms.Shivangi Vyas for learned advocate Mr.V.H.Kanara is present, whereas learned advocate Mr.Munshaw is not present.
3. Hence, the matter stands dismissed for non- prosecution. If any restoration application is
C/FA/874/2002 ORDER DATED: 23/09/2022 filed, the same shall contain affidavit inter alia stating whether the cause of action survives or not. Sd/- (A. S. SUPEHIA, J) NVMEWADA