UTPAL BHOGILAL GAJJAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present petition is filed for the purpose of seeking following relief:-

(2.) Today, when the matter is taken up for hearing, learned advocate Ms. Lodha appearing for the respondent No.3 has taken the Court to few orders, which are forming part of the order sheet, wherein on account of one or the other reason, the matter is not adjourned at the instance of the petitioners, which has constrained the respondent No.3 to even file civil application for vacating stay. She has further submitted that the main prayer, which has been sought for is now no longer survived in view of the fact that IA No.256 of 2022 filed in Recovery Proceeding No.90 of 2013 is already decided against the petitioners vide order dtd. 23/1/2023 and as such, if the petitioners are aggrieved by the said order, a specific statutory remedy is available to the petitioners u/s 30 of the Act and as such, in view of the development which has taken place, the main prayer appears to have been exhausted and as such, the petition is required to be disposed of.

(3.) Considering these circumstances, since learned advocate Mr. Bhargaw has not remain present in the second call and having perused the previous orders, we deem it proper to dismiss present petition for non-prosecution. Notice discharged. Interim relief granted earlier stands vacated forthwith.