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2024 Supreme(Online)(GUJ) 1329

HIGH COURT OF GUJARAT
MRS. JUSTICE SUNITA AGARWAL, CJ, MR. JUSTICE PRANAV TRIVEDI, J
LAXMI RAJKUMAR ROHRA – Appellant
Versus
AKASH AGRO INDUSTRIES LIMITED – Respondent


Petitioner Advocates:MR VISHAL B MEHTA(5319) ,Respondent Advocate: MR JATIN Y TRIVEDI(2616)

ORDER

(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL) 1. Heard learned counsel for the parties and perused the record.

2. The instant petition under Article 227 of the Constitution of India has been filed seeking to challenge the order dated 14.06.2024 passed by the Commercial Court/4th Additional District Judge at Vadodara, whereby the right of the defendant to file written statement and reply has been closed.

3. A perusal of the order impugned indicates that the said order is based on a direction issued by this Court in the judgment and order dated 24.05.2024 in Special Civil Application No. 8316 of 2024, wherein certain observations have been made by the learned Single Judge about non-filing of written statement by the defendant inspite of grant of ample time till 10.05.2024.

4. The order impugned further records that when the matter was taken up on the date fixed by the Commercial Court, i.e. on 14.06.2024, the son of the defendant was present and sought adjournment, which was rejected in view of the categorical directions issued by this Court in the judgment and order dated 24.05.2024 and further that the son of the defendant did not produce any authority letter

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