Vrajllal Naranbhai Patel Thro' ... vs Shamjibhai Khodabhai Patel
2021 Latest Caselaw 2096 Guj

          C/AO/101/2007                                      ORDER




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                R/APPEAL FROM ORDER NO. 101 of 2007

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         VRAJLLAL NARANBHAI PATEL THRO' POA & 52 other(s)
                            Versus
            SHAMJIBHAI KHODABHAI PATEL & 10 other(s)
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Appearance:
DELETED(20) for the Appellant(s) No.
26,27,28,32,33,34,36,37,38,39,4,40,42,49,50,51,52,53
MR MC BHATT(175) for the Appellant(s) No.
1,10,11,12,13,14,15,16,17,18,19,2,20,21,22,23,24,25,29,3,30,31,35,41,43,44,
45,46,47,48,5,6,7,8,9
DECEASED LITIGANT(100) for the Respondent(s) No. 4
MR HARSHIT S TOLIA(2708) for the Respondent(s) No. 10,11,8,9
RULE SERVED(64) for the Respondent(s) No. 4.1,4.2,4.3,4.4,4.5
VMP LEGAL(7210) for the Respondent(s) No. 1,2,3,5,6,7
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 CORAM: HONOURABLE DR. JUSTICE ASHOKKUMAR C. JOSHI

                             Date : 11/02/2021

                              ORAL ORDER

Heard learned Advocate Mr. M.C.Bhatt for the Appellants and learned Advocate Mr. Harshit S. Tolia for Respondent Nos. 10, 11, 8 and 9 through video conference.

Learned Advocate Mr. Harshit S. Tolia for Respondent Nos. 10, 11, 8 and 9 has heavily placed reliance on the latest judgment of the Hon'ble Apex Court in case of Asian Resurfacing of Road Agency Pvt. Ltd. & Anr. v. Central Bureau of Investigation.

Learned Advocate Mr. M.C.Bhatt for the Appellants has requested this court that he desires to refer to the latest judgment passed by the Hon'ble Supreme Court in Miscellaneous Application No. 1577 of 2020 in Criminal Appeal Nos. 1375-1376 of 2013 - Asian Resurfacing of Road Agency Pvt.

C/AO/101/2007 ORDER

Ltd. & Anr. v. Central Bureau of Investigation vide order dated 15.10.2020 wherein the Hon'ble Supreme Court has observed as under:

"35. ... In cases where stay is granted in future, the same will end on expiry of six months from the date of such order unless similar extension is granted by a speaking order. The speaking order must show that the case was of such exceptional nature that continuing the stay was more important than having the trial finalized. The trial Court where order of stay of civil or criminal proceedings is produced, may fix a date not beyond six months of the order of stay so that on expiry of period of stay, proceedings can commence unless order of extension of stay is produced."

Learned Advocate for the Appellants has therefore requested this Court for some accommodation as a last chance for only 10 days.

Request as prayed for is granted. Since the matter touches year 2007, it is stand over to 22.2.2021 as a last chance. Registry to place the matter on the top of the board.

(A. C. JOSHI,J) J.N.W