Judgments
Judgments
  1. Home
  2. /
  3. High Court Of Gujarat
  4. /
  5. 2013
  6. /
  7. January

Rajhans Construction Pvt vs Unknown

High Court Of Gujarat|27 September, 2013

JUDGMENT / ORDER

Heard Mr.Percy C Kavina, learned Senior Advocate with Mr.A.B.Munshi, learned counsel for the petitioners.
It is submitted that the impugned order dated 30-8-2013, below the application at Exh.125 filed by the petitioners for rejection of the plaint, has been passed without taking into consideration the aspect that the averments in the plaint clearly show that the Suit is barred by limitation. It is further submitted that the said order is not in consonance with the principles of law enunciated by the Supreme Court in I.T.C.Ltd. v. Debts Recovery Appellate Tribunal, reported in (1998)2 SCC 70 and a judgment of this Court in K.B.Patel v. N.S.Sorathiya, reported in 2013(1) GLR 51.
Issue notice and notice as to interim relief, returnable on 18-10-2013.
Ad-interim relief in terms of paragraph (16)(C) is granted, till then.
(SMT. ABHILASHA KUMARI, J.) ARG Page 2 of 2
Disclaimer: Above Judgment displayed here are taken straight from the court; Vakilsearch has no ownership interest in, reservation over, or other connection to them.
Title

Rajhans Construction Pvt vs Unknown

Court

High Court Of Gujarat

JudgmentDate
27 September, 2013