OJA/4020/2006 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD O.J.APPEAL No. 40 of 2006 In COMPANY PETITION No.241 of 2004 With CIVIL APPLICATION No.168 of 2006 In O.J.APPEAL No. 40 of 2006 For Approval and Signature: HONOURABLE MR.JUSTICE D.A.MEHTA Sd/- HONOURABLE MR.JUSTICE BANKIM.N.MEHTA Sd/- ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= GEETA PRINTS LTD. - Appellant(s) Versus UNIVERSAL ENTERPRISE - Opponent(s) ========================================================= Appearance : MR DD VYAS, SENIOR ADVOCATE WITH MR DHAVAL D VYAS for Appellant(s) : 1, MR AL SHAH WITH MR VIMAL M PATEL WITH MR PS PURANI for Opponent(s) : 1, ========================================================= CORAM : HONOURABLE MR.JUSTICE D.A.MEHTA OJA/4020/2006 2/3 JUDGMENT and HONOURABLE MR.JUSTICE BANKIM.N.MEHTA Date : 19/09/2008 ORAL JUDGMENT (Per : HONOURABLE MR.JUSTICE D.A.MEHTA) 1 This Appeal was preferred against an interim order made by the Company Court which stood modified vide order dated 17.4.2006 so as to ensure that the amount deposited with the Registry by respondent company was not parted with in favour of the petitioner. 2 In light of the fact that the interim order was followed by order dated 11.12.2006 whereby the petition was ordered to be admitted and publication of advertisement was directed against which O.J. Appeal No.7 of 2007 was preferred, and the fact that the said Appeal has been dismissed today by a separate order this Appeal has been rendered infructuous as the interim order now stands merged. The modified interim order as made by this Court shall continue to operate till the Company Court takes up Company Petition No. 241 of 2004 for hearing and disposal. The Appeal is accordingly dismissed. OJA/4020/2006 3/3 JUDGMENT CIVIL APPLICATION No.168 of 2006. In light of the order made in Appeal today this Civil Application having been rendered infructuous stands rejected accordingly. Sd/- Sd/- (D.A. Mehta, J.) (B.N. Mehta, J.) M.M.BHATT