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2013 Supreme(Guj) 387

BHASKAR BHATTACHARYA, VIJAY MANOHAR SAHAI, RAVI R.TRIPATHI
SUO MOTU – Appellant
Versus
GUJARAT HIGH COURT ADVOCATES ASSOCIATION – Respondent


Advocates Appeared:
MR PARITOSH CALLA, ADVOCATE for the Petitioner.
MR YATIN OZA, SR. ADVOCATE, MR BHARGAV BHATT and MR DHIRENDRA MEHTA, ADVOCATES for the Respondents.

JUDGEMNT :

MR. BHASKAR BHATTACHARYA, J.

1. All these five suo motu References were heard analogously as the subject-matters of these References are almost similar.

2. The facts giving rise to these References may be summed up thus:-

CIVIL REFERENCE No. 1 OF 2009:

Upon a First Appeal being No.1241 of 1997* having been listed before a Division Bench (Coram: B.J. Shethna and M.C. Patel, JJ), on 4th April 2005, the Court was pleased to observe as follows:-

“There is a sick note of Mr Japi for the respondent. No note for fixing early date of hearing can be entertained. Learned advocate has to file proper Civil Application for fixing early date of hearing by making out Special case in it. Hence, no order on this note.

Before parting, we must state that proper course for fixing early date of hearing is to file proper civil application making out a special case in it. Henceforth, the Office shall not entertain any such note and insist for civil application for fixing early date of hearing.”

Therefore, the Registry placed the order before the then Chief Justice and the learned Chief Justice was pleased to give direction to issue Circular to the Judicial Branches directing not to entertain any



























































































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