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2019 Supreme(Guj) 577

A.J.SHASTRI
Dbm Geotechnics And Construction Pvt. Ltd. – Appellant
Versus
Hi Tech Elastomers Limited – Respondent


Advocates Appeared:
For the Petitioner:Mr. Nandish Chudgar, Learned Advocate For Nanavati Associates
For the Respondent: Mr. Amar N. Bhatt, Tirth Nayak

JUDGMENT :

A.J. SHASTRI, J.

1. Rule. Mr. Amar N. Bhatt, learned advocate waives service of rule on behalf of the respondent.

2. The present petition under Articles 226 and 227 of the Constitution of India is filed for the purpose of seeking following relief’s:

“9.(a) Your Lordships may be pleased to admit and allow present petition;

(b) Your Lordships may be pleased to issue a writ of certiorari or a writ in the nature of certiorari or any other appropriate writ, order or direction quashing and setting aside the impugned Order dated 27.04.2018 (Annexure P/1) passed by the learned Judge, City Civil Court, Ahmedabad, below Exhibit 1 in Civil Misc. Application No.27 of 2017;

(c) Your Lordships be pleased to set aside the ex-parte Judgment and decree dated 19.03.2015 passed by the City Civil Court at Ahmedabad in Summary Civil Suit No.2927 of 2014 in the interest of justice;

(d) Your Lordships may be pleased to grant the Petitioner unconditional leave to defend the Summary Civil Suit No.2927 of 2014;

(e) Your Lordships be pleased to set aside execution proceedings instituted by the Respondent by filing Execution Application No.449 of 2016 before the Hon’ble City Civil Court at Bombay for execu

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