(1.) RULE. Mr. S. H. Sanjanwala, learned Sr. Advocate with Mr. Dilip Kanojiya, learned Counsel waives service of notice of rule for respondent No. 1.
(2.) THE brief facts of the case are as follows:
(3.) MR. K. V. Shelat, learned Counsel for the petitioner has submitted that the impugned order is erroneous, inasmuch as by not reframing the issues as prayed for by the petitioner, the Court below has not adhered to the settled principles of law and the impugned order, which is illegal, improper and discloses non-application of mind, may be quashed and set aside.