(Per : HONOURABLE MR.JUSTICE D.H.WAGHELA)
1. During the course of arguments and from perusal of affidavit-in-reply of respondent nos.1 and 2, it has transpired that another petition of an erstwhile partner of the petitioner is pending and similar reliefs are claimed in that petition, which is numbered as Special Civil Application No.16532 of 2010 and it is pending before Honourable Justice K.M.Thaker. The dispute of the petitioner with respondent has direct connection with their dispute with erstwhile partner whose petition is pending for similar relief, as aforesaid. Therefore, it is necessary and in the fitness of things that both the petitions are listed together and heard by the same Bench. It was insisted by learned counsel, Mr.C.S.Mohanan that present petition is properly listed before Division Bench in accordance with the roster.
2. Under the circumstances, the office is requested to look into this matter and subject to such order, as may be required, list both the matters before the same Bench at the earliest. In the meantime, ad-interim relief granted earlier herein is modified to the extent that the tenders which may be submitted by the petitioner may be accepted by the respondent but may not be acted upon for any purpose and the respondent shall be at liberty to proceed with processing of the tenders.
(D.H.Waghela, J.) (G.B.Shah, J.) *malek Top