SCA/9336/2008 1/2 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 9336 of 2008 For Approval and Signature: HONOURABLE MR.JUSTICE M.R. SHAH ========================================================= 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 ? ========================================================= PASCHIM GUJARAT VIJ COMPANY LTD - Petitioner(s) Versus YUSUFBHAI ISMAILBHAI SAKARWALA - Respondent(s) ========================================================= Appearance : MR GIRISH D BHATT for Petitioner(s) : 1, NOTICE SERVED BY DS for Respondent(s) : 1, MR SUNIL L MEHTA for Respondent(s) : 1, ========================================================= CORAM : HONOURABLE MR.JUSTICE M.R. SHAH Date : 18/12/2008 ORAL JUDGMENT 1. By way of this petition under Article 227 of the Constitution of India, the petitioner original plaintiff has prayed for an appropriate writ, direction and order quashing and setting aside the impugned order passed by the learned 8th Additional Senior Civil Judge, Bhavnagar passed SCA/9336/2008 2/2 JUDGMENT below application Exh. 6 in Special Civil Suit No. 51 of 2007 dated 18.2.2008, by which the learned trial Court has dismissed the said application submitted by the petitioner- plaintiff for attachment before judgment. 2. At the outset, it is required to noted that this Court is not at all satisfied with the reasoning given by the learned trial Court while deciding and disposing of the application Exh. 6. Shri Sunil Mehta, learned advocate appearing on behalf of the respondent original defendant under the instructions from his client has stated at the Bar that during the pendency of the suit in question respondent original defendant shall not transfer/alienate the suit property described in the plaint. The respondent original defendant is directed to act accordingly and shall file necessary undertaking to that effect before this Court as well as before the learned trial Court within a period of three weeks from today. In view of the above, impugned order passed by the learned trial Court is substituted by the present order. Rule is made absolute, there shall be no order as to costs. (M.R.SHAH,J) kaushik