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Gujarat High Court · body

2017 DIGILAW 1651 (GUJ)

Gitanjali Jewellary Retail Limited v. Divyanirman Jewels

2017-09-15

B.N.KARIA, M.R.SHAH

body2017
ORDER : M.R SHAH, J. 1. RULE. Shri S.P Majmudar, learned Advocate waives service of notice of Rule on behalf of the respondent No. 1, who can be said to be the main contesting party. In the facts and circumstances of the case and with the consent of the learned Advocates appearing on behalf of the respective parties, present application is taken up for final hearing today. 2. Present application has been preferred by the applicants herein-original defendants to modify the earlier order dated 21.08.2017 passed by this Court in Appeal From Order No. 254/2017 and Appeal From Order No. 261/2017 which came to be further modified by this Court vide order dated 01.09.2017 passed in Miscellaneous Civil Application No. 2472/2017 to the extent extending the time to file the reply to the Exh.5 application to the applicants herein upto 18.09.2017 3. Shri Thakore, learned Advocate appearing on behalf of the applicants has requested to extend the time to file reply to the Exh.5 application by a further period of 3 days as still the reply to the Exh.5 application is not ready. He has stated at the Bar that if the time to file reply to the Exh.5 application is extended upto 18.09.2017 as requested, it may be specifically provided that no further time shall be extended and the consequences may follow for non-filing of the reply to the Exh.5 application. He has also stated at the Bar that the applicants are also ready and willing to pay reasonable cost if the time to file the reply to the Exh.5 application is extended upto 18.09.2017 4. Shri Majmudar, learned Advocate appearing on behalf of the contesting respondent has opposed the present application and submitted that as such sufficient time has been granted to the applicants to file the reply to the Exh.5 application and infact the time was granted as requested by them. It is submitted that earlier also the time was extended as prayed by the applicants. It is submitted that therefore there is no justification at all to extend the time to file the reply to Exh.5 application. 5. Heard learned Advocates appearing for respective parties. It is submitted that earlier also the time was extended as prayed by the applicants. It is submitted that therefore there is no justification at all to extend the time to file the reply to Exh.5 application. 5. Heard learned Advocates appearing for respective parties. At the outset it is required to be noted that earlier while disposing of the Appeal From Order No. 254/2017 and Appeal From Order No. 261/2017 on 21.08.2017, this Court granted time to the applicants herein to file the reply to the Exh.5 application as suggested and prayed by them and looking to the urgency shown/demonstrated. This Court even fixed the time schedule including the time to complete the pleadings and even the learned Commercial Court was directed to decide and dispose of the Exh.5 application within period stipulated in the said order. However, despite the above and though the time was granted as prayed by the applicants herein, the reply to the Exh.5 application was not filed and therefore, Miscellaneous Civil Application No. 2472/2017 was preferred by the very applicants and they requested for a further period of two weeks so as to enable them to file the reply to the Exh.5 application. This Court in the interest of justice extended the time for a further period of two weeks i.e upto 15.09.2017 so as to enable the applicants herein to file the reply to the Exh.5 application. Consequently, time to complete the pleadings also came to be extended upto 27.09.2017 and it was observed that the Commercial Court to finally decide and dispose of the Exh.5 application preferably within a period of four weeks from 27.09.2017 Despite the above, the reply to the Exh.5 application is not filed till date and the present application has been preferred. 6. This Court could have rejected the application for extension of time as, not only sufficient time has been granted, even the time was granted as suggested and prayed by the applicants. However, in the interest of justice and as a last chance, time to file the reply to Exh.5 application by the applicants is hereby extended upto 18.09.2017 on condition that the applicants shall deposit Rs. However, in the interest of justice and as a last chance, time to file the reply to Exh.5 application by the applicants is hereby extended upto 18.09.2017 on condition that the applicants shall deposit Rs. 5,000/- towards cost (as agreed to be deposited by the learned Counsel appearing on behalf of the applicants), to be deposited with the District Legal Services Authority, Rajkot on or before 18.09.2017 Consequently, the time to complete the pleadings which was extended upto 27.09.2017 is hereby extended upto 03.10.2017 It is not in dispute and even according to the applicants also, the record is voluminous. Therefore, the learned Commercial Court to finally decide and dispose of the Exh.5 application now preferably on or before 13.11.2017 Earlier order passed by this Court in Appeal From Order No. 254/2017 and Miscellaneous Civil Application No. 2472/2017 in Appel From Order No. 254/2017 stands modified to the aforesaid extent. 7. With this, present application stands disposed of. Direct service is permitted.