This petition was filed by the petitioner seeking direction from this Court to the Administrator-General of Gujarat, Saurashtra Region, under Section 10 (1) of the Administrators General Act, 1963 to collect and take possession of the assets of the estate of Maharaj Bahadursinhji Gohel (since deceased) situated within the state of Gujarat and elsewhere throughout India and to hold, deposit and realise, sell or invest the same according to the provisions of the said Act and seeking further direction under Section 10 (2) of the Act to file and prosecute such suits or take such proceedings as the Administrator-General may deem appropriate for the recovery of any assets, moveable or immoveable of the estate of the deceased.
2.The Court has issued notice and necessary pleadings were made by the parties. The petitioner thereafter moved Civil Application No. 2 of 1999 seeking direction from this Court for issuance of fresh notices to respondent No. 9(b) Mr. Dhirendrasingh Gohel or his constituted power of attorney holder Shri Behroze Eduljee, residing at Atur Terrace, Cuffe Parade, Bombay 400 005 and respondent No. 9 (c) Mr. Ketan Singh Gohel at his address at Green Acres, Lokhandwala Complex, Andheri (West), Mumbai 400 059.
3.Both, the present petition as well as Civil application were filed on behalf of the petitioner through her advocate Shri K.M. Mehta who was elevated to the Bench of this Court and hence, fresh notice was issued on 05.10.1999 making it returnable on 21.10.1999. The said notice was duly served on the petitioner on 08.10.1999 and the Regd. acknowledgment receipt is on record. Despite the service of the said notice, neither the petitioner personally remained present before this Court nor any alternative arrangement is made. Since the petition is of 1991 and more than 14 years have gone, no useful purpose would be served to keep this matter pending. It appears that the petitioner has lost her interest in prosecuting these matters. Before dismissing these matters for want of prosecution, the Court, in the interest of justice, grants one more opportunity to the petitioner. The matter is adjourned to 27.01.2005 and if nobody appears on that day on behalf of the petitioner, the matter will be decided ex-parte.
[K.A. PUJ, J.] #Savariya# *****