Gujarat High Court
Legal Heirs And Representatives Of ... vs Paschim Gujarat Vij Company Limited on 3 July, 2025
NEUTRAL CITATION
C/SCA/8719/2025 ORDER DATED: 03/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 8719 of 2025
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LEGAL HEIRS AND REPRESENTATIVES OF DECEASED GOMTIBEN
RAMJIBHAI GOHIL & ORS.
Versus
PASCHIM GUJARAT VIJ COMPANY LIMITED
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Appearance:
MR NIRAV C THAKKAR(2206) for the Petitioner(s) No. 1,1.1,2,2.1,2.2
MR DIPAK R DAVE(1232) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT
Date : 03/07/2025
ORAL ORDER
1. Heard learned advocate Mr. Nirav C. Thakkar for the petitioners and learned advocate Mr. Rituraj Meena for the respondent, who is now appearing in place of learned advocate Mr. Dipak R. Dave.
2. After arguing some time, learned advocate Mr. Thakkar, under instructions from his client, does not press the present application with the liberty to approach the Executing Court by way of an appropriate application with an appropriate relief and inasmuch as, according to learned advocate for the petitioners, he was not served with notice in the execution proceedings, there are other legal heirs of the original judgment debtor, who were not joined in the execution, and Page 1 of 2 Uploaded by MOHD MONIS(HC01900) on Thu Jul 03 2025 Downloaded on : Fri Jul 04 01:14:17 IST 2025 NEUTRAL CITATION C/SCA/8719/2025 ORDER DATED: 03/07/2025 undefined other legal contentions available to the petitioners were not examined by the Executing Court while passing the impugned order.
3. To this, learned advocate Mr. Meena has no objection if this Court permits the petitioners to approach the Executing Court by way of an appropriate application.
4. In view of the aforesaid, it is open for the petitioners herein to approach the Executing Court by filing an appropriate application seeking appropriate relief, as this Court has neither gone into nor examined the merits of the matter.
5. Once, such an application is filed by the petitioners, the Executing Court is directed to decide such application in accordance with law, after giving an opportunity of hearing to all the parties concerned.
6. With the aforesaid observation and direction, the present application is disposed of as withdrawn. No order as to costs.
(MAULIK J.SHELAT,J) MOHD MONIS Page 2 of 2 Uploaded by MOHD MONIS(HC01900) on Thu Jul 03 2025 Downloaded on : Fri Jul 04 01:14:17 IST 2025