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2024 Supreme(Online)(GUJ) 23771
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD F/FIRST APPEAL NO. 11945 of 2024 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2024 In F/FIRST APPEAL NO. 11945 of 2024 With R/CIVIL APPLICATION NO. 2066 of 2024 In F/FIRST APPEAL NO. 11945 of 2024 With F/FIRST APPEAL NO. 11914 of 2024 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2024 In F/FIRST APPEAL NO. 11914 of 2024 With R/CIVIL APPLICATION NO. 2121 of 2024 In F/FIRST APPEAL NO. 11914 of 2024 With F/FIRST APPEAL NO. 11917 of 2024 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2024 In F/FIRST APPEAL NO. 11917 of 2024 With R/CIVIL APPLICATION NO. 2077 of 2024 In F/FIRST APPEAL NO. 11917 of 2024 With F/FIRST APPEAL NO. 11919 of 2024 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2024 In F/FIRST APPEAL NO. 11919 of 2024 With R/CIVIL APPLICATION NO. 2072 of 2024 In F/FIRST APPEAL NO. 11919 of 2024 With F/FIRST APPEAL NO. 11921 of 2024 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2024 In F/FIRST APPEAL NO. 11921 of 2024 With R/CIVIL APPLICATION NO. 2082 of 2024 In F/FIRST APPEAL NO. 11921 of 2024 With F/FIRST APPEAL NO. 11923 of 2024 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2024 In F/FIRST APPEAL NO. 11923 of 2024 With R/CIVIL APPLICATION NO. 2100 of 2024 In F/FIRST APPEAL NO. 11923 of 2024 With F/FIRST APPEAL NO. 11925 of 2024 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2024 In F/FIRST APPEAL NO. 11925 of 2024 With R/CIVIL APPLICATION NO. 2101 of 2024 In F/FIRST APPEAL NO. 11925 of 2024 With F/FIRST APPEAL NO. 11927 of 2024 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2024 In F/FIRST APPEAL NO. 11927 of 2024 With R/CIVIL APPLICATION NO. 2073 of 2024 In F/FIRST APPEAL NO. 11927 of 2024 With F/FIRST APPEAL NO. 11929 of 2024 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2024 In F/FIRST APPEAL NO. 11929 of 2024 With R/CIVIL APPLICATION NO. 2076 of 2024 In F/FIRST APPEAL NO. 11929 of 2024 With F/FIRST APPEAL NO. 11943 of 2024 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2024 In F/FIRST APPEAL NO. 11943 of 2024 With R/CIVIL APPLICATION NO. 2081 of 2024 In F/FIRST APPEAL NO. 11943 of 2024 With F/FIRST APPEAL NO. 11949 of 2024 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2024 In F/FIRST APPEAL NO. 11949 of 2024 With R/CIVIL APPLICATION NO. 2098 of 2024 In F/FIRST APPEAL NO. 11949 of 2024 With F/FIRST APPEAL NO. 11952 of 2024 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2024 In F/FIRST APPEAL NO. 11952 of 2024 With R/CIVIL APPLICATION NO. 2094 of 2024 In F/FIRST APPEAL NO. 11952 of 2024 With F/FIRST APPEAL NO. 11957 of 2024 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2024 In F/FIRST APPEAL NO. 11957 of 2024 With R/CIVIL APPLICATION NO. 2096 of 2024 In F/FIRST APPEAL NO. 11957 of 2024 With F/FIRST APPEAL NO. 11989 of 2024 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2024 In F/FIRST APPEAL NO. 11989 of 2024 With R/CIVIL APPLICATION NO. 2125 of 2024 In F/FIRST APPEAL NO. 11989 of 2024 With F/FIRST APPEAL NO. 11991 of 2024 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2024 In F/FIRST APPEAL NO. 11991 of 2024 With R/CIVIL APPLICATION NO. 2095 of 2024 In F/FIRST APPEAL NO. 11991 of 2024 With F/FIRST APPEAL NO. 11996 of 2024 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2024 In F/FIRST APPEAL NO. 11996 of 2024 With R/CIVIL APPLICATION NO. 2126 of 2024 In F/FIRST APPEAL NO. 11996 of 2024 With F/FIRST APPEAL NO. 11998 of 2024 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2024 In F/FIRST APPEAL NO. 11998 of 2024 With R/CIVIL APPLICATION NO. 2104 of 2024 In F/FIRST APPEAL NO. 11998 of 2024 With F/FIRST APPEAL NO. 12315 of 2024 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2024 In F/FIRST APPEAL NO. 12315 of 2024 With R/CIVIL APPLICATION NO. 2128 of 2024 In F/FIRST APPEAL NO. 12315 of 2024 ==================================================
NATIONAL HIGHWAYS AUTHORITY OF INDIA Versus MER KARSHANBHAI PARBATBHAI & ORS.
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Appearance:
MR. MAULIK G. NANAVATI, ADVOCATE FOR NANAVATI & CO.(7105) for the Appellant(s) No. 1 ==================================================
CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL and HONOURABLE MR. JUSTICE PRANAV TRIVEDI Date : 09/10/2024
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)
[1] In this bunch of First Appeals arising out of various orders passed by the Court under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "the Act, 1996"), it is pointed out by Mr. Maulik G. Nanavati, learned advocate appearing for the appellant - NHAI that in many of the appeals, notice upon the private respondents could not be served on account insufficient address and the appellant authority could only find address given in the order passed by the District Court under Section 34 of the Act, 1996.
[2] A perusal of the office report in the present appeal indicate that the notice upon respondent No.1 could not be served for want of sufficient address and the address given in the appeal is same as was mentioned in the order under Section 34 of the Act, 1996 passed by the competent court, which in turn is same as mentioned in the application initially filed under Section 3G5 of the National Highways Act, 1956. However, in some of the connected appeals, Mr. Jenil M. Shah, learned advocate has put in appearance on behalf of the contesting respondents.
[3] We, therefore, direct the office to segregate all those appeals wherein Mr. Jenil M. Shah, learned advocate has put in appearance on behalf of the private respondents and list them separately.
[4] In the present appeal connected with other appeals, wherein the private respondents have not been served for want of sufficient address, fresh Notice be issued and served through the Office of the Collector. The office shall do the needful within a period of one week from today. The service be effected and completed by 26.11.2024 and the report shall be forwarded to the High Court from the Office of the Collector. Steps to be taken for service of fresh notice upon unserved respondents within a period of one week.
[5] The segregated appeals where Mr. Jenil M. Shah, learned advocate is appearing on behalf of the private respondents be listed on 16.10.2024.
(SUNITA AGARWAL, C.J.)
(PRANAV TRIVEDI, J.)
DHARMENDRA KUMAR
