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2025 Supreme(Guj) 1916

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SUNITA AGARWAL, C.J., D.N.RAY
Hiral Nitinkumar Undavia – Appellant
Versus
Fenil Shah – Respondent


Advocates Appeared:
For the Petitioner: Mr. Parv S Gupta, Mr. S P Majmudar
For the Respondent: Anshul N Shah

JUDGMENT :

D.N.RAY, J.

1. Heard Mr. S.P. Majmudar, learned advocate with Mr. Parv S. Gupta, learned advocate for the petitioner and Mr. Anshul N. Shah, learned advocate for the respondent no. 1.

2. Two petitions involving similar facts and prayers have been filed. For the sake of convenience, Special Civil Application No. 17691 of 2024 is treated as the lead matter. The decision rendered in this petition shall govern the outcome of the connected petition as well.

3. The petitioners have filed the present petition, invoking the supervisory jurisdiction of this Court, with the following prayers:-

“(A) YOUR LORDSHIPS may be pleased to issue an appropriate writ, order or directions quashing and setting aside the (i) impugned order dated 15.12.2023 passed by the learned 26th Additional Senior Civil Judge, Vadodara below applications Exh.21, 24 and 25 in Special Civil Suit No. 24 of 2019 (Annexure E to the present petition) as well as (ii) impugned judgment and order dated 10.10.2024 passed by learned 4th Additional District Judge, (Commercial Court) Vadodara in Civil Misc. Appeal No.7 of 2024 (Annexure G to the present petition) and YOUR LORDSHIPS may be pleased to allow the prayers made by

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