SCA/1063/2007 1/2 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 1063 of 2007 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 ? ========================================================= JAGJODHANSING U. RAJPUT, - Petitioner(s) Versus JYOTI LTD. - Respondent(s) ========================================================= Appearance : MR AY KOGJE for Petitioner(s) : 1, M/S TRIVEDI & GUPTA for Respondent(s) : 1, ========================================================= CORAM : HONOURABLE MR.JUSTICE M.R. SHAH Date : 12/12/2008 ORAL JUDGMENT 1. By way of this petition under Article 227 of the Constitution of India, the petitioner original defendant prayed for an appropriate writ, direction and / or order quashing and setting aside the impugned order passed by the learned Civil Judge (S.D.) Vadodara dated 16.12.2005 passed below Exh. 30 in Special Civil Suit No. 635 of 2002, by which SCA/1063/2007 2/2 JUDGMENT the learned trial Court has allowed the said application by staying further proceedings of the aforesaid suit on the ground that the respondent company was before the BIFR. 2. Today, when the matter is called learned advocates for the respective parties have jointly declared that now the company is not before the BIFR. In view of above, now the Special Civil Suit No. 635 of 2002 is required to be proceeded further. Under the circumstances, impugned order passed by the learned 11th Additional Senior Civil Judge, Vadodara dated 16.12.2005 passed below Exh. 39 in Special Civil Suit No. 635 of 2002 is hereby quashed and set aside and the learned trial Court is now directed to proceed further with the aforesaid Special Civil Suit No. 635 of 2002 and decide and dispose of the same in accordance with law and on merits expeditiously. All concerned directed to cooperate with the learned trial Court in early disposal of the aforesaid suit. 3. Rule is made absolute. There shall be no order as to costs. (M.R.SHAH,J.) kaushik