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2022 Supreme(Guj) 431

ASHOKKUMAR C.JOSHI
SUNSHINE OLECHEM LIMITED NOW KNOWN AS RUCHI SOYA INDUSTRIES LIMITED – Appellant
Versus
AURO PHARMACEUTICALS AND AURO CHEMICALS PRIVATE LIMITED (A PROPRIETARY FIRM) – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR DIPEN DESAI

JUDGMENT :

ASHOKKUMAR C. JOSHI, J.

1. This petition is filed by the petitioner under Article 227 of the Constitution of India, with the following prayers:

    “(a) This Hon’ble Court be pleased to quash and set aside the impugned order dated 10.05.2018 passed by the learned 2nd Additional District Judge, Gandhidham-Kutch in Civil Misc. Application No.20 of 2016;

(b) Pending admission, hearing and final disposal of the petition, this Hon’ble Court be pleased to stay the execution, operation and implementation of the impugned order dated 10.05.2018 passed by the learned 2nd Additional District Judge, Gandhidham-Kutch in Civil Misc. Application No.20 of 2016.”

2. The brief facts for the case are that the petitioner is the original-plaintiff, who had preferred a Special Civil Suit No.18 of 2012 before the learned Principal Senior Judge (S.D.), Kutch seeking recovery of sum of Rs.7,81,362/- with interest at the rate of 18%. That, this suit came to be dismissed by the trial court vide judgment and order dated 14.09.2016 mainly on the ground that plaintiff failed to establish its case and the documents produced by the plaintiff were not proved. It is further contended in the petition that the pl

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