High Court of Gujarat
DIVISIONAL CONTROLLER,versusITS WORKMAN, C/O. HAMIRBHAI HIRABHAI MAKWANA
- Decided
- Disposal
- 46-ANY OTHER MODE @ FH
- Bench
- ANIRUDDHA P MAYEE
Holding
The petition was dismissed for default and the interim relief was vacated.
Summary
The Divisional Controller filed a Special Civil Application No. 6067 of 2007 against its workman, C/O Hamirbhai Hirabhai Makwana. The petitioner’s counsel, Ms. Avani S. Mehta, was not present when the matter was called out for hearing. The court noted the absence of the petitioner’s counsel and consequently dismissed the petition for default. As a result, the rule filed by the petitioner was discharged. Any interim relief that had been granted earlier was vacated. The order was pronounced by Justice Mohinder Pal on 4 July 2018.
Issues considered
- Whether the petition should be dismissed for default due to non-appearance of counsel
- Whether the interim relief, if any, should be vacated
Subjects
- default judgment
- civil procedure
- interim relief
- special civil application
Judgment
C/SCA/6067/2007 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 6067 of 2007
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DIVISIONAL CONTROLLER,
Versus
ITS WORKMAN, C/O. HAMIRBHAI HIRABHAI MAKWANA
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Appearance:
MS AVANI S MEHTA(1867) for the PETITIONER(s) No. 1
RULE SERVED(64) for the RESPONDENT(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE MOHINDER PAL
Date : 04/07/2018
ORAL ORDER
When this matter is called out, learned
counsel for the petitioner is not present. Hence,
dismissed for default. Rule is discharged.
Interim relief, if any, stands vacated.
(MOHINDER PAL, J)
D.B. MANDORA
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