Gujarat High Court
Shreeji Developers Builders And ... vs State Of Gujarat on 5 June, 2023
Bench: A.S. Supehia
C/MCA/333/2019 ORDER DATED: 05/06/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/MISC. CIVIL APPLICATION NO. 333 of 2019
In R/SPECIAL CIVIL APPLICATION NO. 3619 of 2014
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SHREEJI DEVELOPERS BUILDERS AND ORGANISERS KAUSHIKBAHI
NANUBHAI PATEL
Versus
STATE OF GUJARAT
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Appearance:
MR KIRAN C RAVAL(2355) for the Applicant(s) No. 1
MR BHAVESH B CHOKSHI(3109) for the Opponent(s) No. 2,3,4
MR DEVARSHI C SHAH(5545) for the Opponent(s) No. 5
NOTICE UNSERVED for the Opponent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
and
HONOURABLE MR. JUSTICE M. R. MENGDEY
Date : 05/06/2023
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)
1. On 11.04.2023, this Court has passed the
following order:
"When the matter is called out, learned advocate Mr.
Kiran Raval is not present. Relist the matter on
28.4.2023."
2. Thereafter on 28.04.2023, the following order
was passed.
"Learned advocate Mr. Raval for the petitioner has
filed sick note. It appears that consistently despite
the order being complied with as stated by learned
advocate Mr. Choksi, proceedings are not being
attended by learned advocate representing the
petitioner and as such, as a last chance, relist the
matter on 5.6.2023.
C/MCA/333/2019 ORDER DATED: 05/06/2023
If on that day, if the learned advocate for the
petitioner is not present, the Court will constrain
to pass appropriate order."
3. Today, when the matter is taken up for
hearing, learned advocate Mr.Raval has chosen not
to remain present before this Court however,
learned advocate Mr.Chokshi is present. He has
invited attention of this Court to the affidavit
filed by the applicant dated 25.02.2020.
4. It appears that the applicant is no more
interested in the contempt proceedings. The
contents of the affidavit are incorporated as
hereunder:
"3. I state that I have entered into an understanding
with one Mr. Mukeshbhai Ramniklal Panchal (Karelia),
resident of 18, Shri Narayan Palace, Opp. Shell
Petrol Pump, Zydus Hospital Road, Thaltej, Ahmedabad,
on 25.1.2019 whereby it is recorded and agreed that I
have transferred all my rights over the said 20 flats
in favour of said Mr.Mukeshbhai Panchal by obtaining
amount(s) of consideration towards each of those 20
Flats, and it is also recorded and agreed that I
shall produce the said understanding in the present
proceedings and would request for an Order from this
Hon'ble Court that the Opponents (Judgment Debtors)
may execute Sale Deed for the said 20 Flats directly
in favour of said Mr. Panchal, which is also provided
in the Consent terms, viz. transfer of Flats in the
name of third partly. I, therefore, have no objection
if the said flats are transferred in the name of said
Mr.Panchal and/ or any other person/ entity as may be
requested by him. I, therefore, request the Hon'ble
Court to pass such order and dispose of the present
proceedings. I further undertake to sign such Sale
Deeds as confirming party, and shall also execute any
/ all documents, as may be required, in order to
complete such transaction.
C/MCA/333/2019 ORDER DATED: 05/06/2023
4. I further state and undertake that I shall
forthwith, within 7 days from the disposal of this
proceedings, withdraw all/ any complaint or any other
proceedings filed by me against the Opponent Nos.2 to
4 in respect of the subject matter of the present
proceedings, and if not done, the same be deemed to
be withdrawn by virtue of the present affidavit.
5. I declare that in view of the above referred
understanding between myself and Mr. Panchal, and
upon passing of the Order by this Hon'ble Court, as
requested, I shall not have any further claim or
grievance against Opponents herein."
5. Thus, the present application is disposed of
in view of the affidavit filed by the applicant.
The applicant shall abide by the contents of the
affidavit.
Sd/-
(A. S. SUPEHIA, J)
Sd/-
(M. R. MENGDEY,J)
NVMEWADA/51
