BHANUBEN KANAIYALAL PITALIYA Vs. OMSAHJANAND MEMBERS ASSOCIATION

JUDGEMENT

(1.) THE grievance raised in the present Appeal from Order is that the learned Trial Court has passed an order to give public notice in a daily newspaper as decided by the original defendant and the proforma and draft is also to be prepared and given by the original defendant.

(2.) LEARNED advocate appearing on behalf of the appellants has submitted that the defendant has not given any proforma and draft of the Public Notice. It is further submitted that defendant is insisting that full page public notice may be given in the daily newspaper, which will create unnecessary burden to the appellants. It is submitted that the learned Judge has directed to deposit the sum of Rs. 10,000/-, which is deposited. It is further submitted that if a full page Public Notice is given, it will incur cost of Rs. 50,000/- to 60,000/ -. He has further submitted that as on today, proforma of the Public Notice has not been given by the defendant. As and when such proforma is given by the defendant, it will be open for the appellants to submit an application for clarification of size of Public Notice before the Trial Court. As and when such application is submitted by the appellants, learned Trial Court is directed to consider the same suitably. With these, this Appeal from Order and Civil Application are disposed of.