1. Considering the facts of the applications, both these applications are taken up for final disposal forthwith with consent of the learned advocates for the parties. As both the main petitions are arising out of the common issues, both these applications are disposed of by this common order.
2. This Court in Special Civil Application Nos.16052 and 16053 of 2011 by order dated 9.2.2011 was pleased to observe in Para 4(c) as under:-
"[c] It would be open for the respective parties to produce any further material within a period of fifteen days from today and the same shall be taken into consideration in accordance with law by the learned Board of Nominees while deciding the application for leave to defend filed by the respective respondents-original defendants."
3. Mr.
P.A. Jadeja, learned advocate for the applicant submits that because of some miscommunication, the time limit as prescribed in the order for producing further material could not be adhered to and hence, has requested that at least one more chance may be given to the applicant to produce further material. Mr. Jadeja pointed out that as such the matter is to come up tomorrow.
4. Considering the averments made in Paras 2 to 4 of the applications and pragmatic view taken by learned advocate Mr. Adeshra, the applications are allowed. The applicants are permitted to produce further material as per the order dated 9.2.2012 before the Board of Nominees, Anand by 17.3.2012. However, it is made clear that no further time shall be extended by this Court.
5. With these observations, the application is allowed to the aforesaid extent.
6. It is, however, made clear that the other directions issued in the order dated 9.2.2012 shall remain as it is. Direct service is permitted.
[R.M.CHHAYA, J.] mrpandya Top