INDRAVADAN HIRALAL INTWALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present application has been filed for quashing the complaint and this Court issued the notice on 11.5.2007 which was made returnable on 15.6.2007. Thereafter, the application has been adjourned thrice. This application was notified on Board on 6.7.2007 and at the request of Shri A.D.Shah, learned Senior Advocate appearing for Shri H.N.Sompura, it was adjourned to 9.7.2007. On 9.7.2007 also it was requested to adjourn the matter as Shri A.D.Shah, learned Senior Advocate was busy in another Court and therefore, this application was adjourned to today with a specific understanding that even if the learned Senior Advocate is not available, the advocate on record will proceed further with the matter.

(2.) Today, when this matter is called out, Shri Sompura, learned advocate again requested to adjourn the matter as Shri A.D.Shah, learned Senior Advocate is busy in another Court. As stated above, on 9.7.2007 when this application was adjourned to today, it was specifically pointed out that irrespective of the learned Senior Advocate is available or not, he will proceed further with the matter. He has submitted that it will not proper on his part to make submissions on merits as Shri A.D.Shah, learned Senior Advocate is appearing.

(3.) Under the circumstances, this Court has no other alternative but to dismiss the application for non-prosecution. Accordingly, this application is dismissed for non-prosecution. If the petitioner is interested in proceeding further with the matter, it will be open for him to move an appropriate application for restoration within a period of 2 weeks from today and as and when such an application is made, the same shall be dealt with in accordance with law and on its own merits.