Dipal Mehta S/O Rashmikant Mehta vs Paksh Developers Private Limited
2023 Latest Caselaw 8646 Guj

Gujarat High Court

Dipal Mehta S/O Rashmikant Mehta vs Paksh Developers Private Limited on 13 December, 2023

Author: Ashutosh Shastri

Bench: Ashutosh Shastri

                                                                            NEUTRAL CITATION




      C/CA/1925/2023                         ORDER DATED: 13/12/2023

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            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/CIVIL APPLICATION (FOR LEAVE TO APPEAL) NO. 1925 of 2023
                                 In
                   F/FIRST APPEAL NO. 33446 of 2023

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                   DIPAL MEHTA S/O RASHMIKANT MEHTA
                                 Versus
                   PAKSH DEVELOPERS PRIVATE LIMITED
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Appearance:
MR. JAYNEEL S PARIKH(7062) for the Applicant(s) No. 1
NOTICE NOT RECD BACK for the Respondent(s) No. 2,3,4
NOTICE SERVED for the Respondent(s) No. 1
NOTICE UNSERVED for the Respondent(s) No. 5
MR RAVI PAHWA for THAKKAR AND PAHWA ADVOCATES(1357) for the
Respondent(s) No. 6
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 CORAM:HONOURABLE MR. JUSTICE ASHUTOSH SHASTRI
                        and
       HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK

Date : 13/12/2023

ORAL ORDER

(PER : HONOURABLE MR. JUSTICE ASHUTOSH SHASTRI)

1. When the matter is taken up for hearing, Mr. Jayneel

Parikh, learned advocate appearing for the applicant has

submitted that the present proceedings are identically situated

to that of other First Appeals which are already entertained by

this Court and in one of such First Appeals also, leave to appeal

has been granted by a detailed order and as such, has requested

that since the present applicant is directly and substantially

affected with the outcome and further in view of fact that

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C/CA/1925/2023 ORDER DATED: 13/12/2023

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identical matters having been admitted, the present leave to

appeal be granted in the interest of justice.

2. To this submission, learned advocate Mr. Ravi Pahwa, who

has received instructions to appear for one of the contesting

respondent has submitted that he may be permitted to file

Vakalatnama on behalf of the contesting respondent and has not

disputed the fact about leave to appeal granted in other

proceedings. Considering the broad submissions and in view of

the assertion which has been made in the present proceedings,

we deem it proper to consider the request of the applicant to

grant leave to appeal so as to give a fair chance to assail the

impugned order.

2.1. In addition thereto, while considering this request, we

have perused the decision delivered by this Court on 08.09.2023

rendered in Civil Application No. 610 of 2023 with Civil

Application No. 722 of 2023, wherein also leave has been sought

for and granted and the said fact having not in dispute, we allow

the present application and grant leave to appeal so as to enable

the applicant to challenge the legality and validity of the

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C/CA/1925/2023 ORDER DATED: 13/12/2023

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impugned judgment and order dated 31.03.2023 passed by the

learned Principal Senior Civil Judge, Kalol in Special Civil Suit

No. 32 of 2019.

3. With the aforesaid observations, the present application

stands disposed of.

(ASHUTOSH SHASTRI, J)

(HEMANT M. PRACHCHHAK,J) phalguni