LAWS(GJH)-2009-6-82

PATHAN LIYAKATALI ANUMIYA Vs. DOLBHARTHI MAHADEVBHARTHI GOSWAMI

Decided On June 17, 2009
PATHAN LIYAKATALI ANUMIYA Appellant
V/S
DOLBHARTHI MAHADEVBHARTHI GOSWAMI Respondents

JUDGEMENT

(1.) RULE. LEARNED advocate Mr. Hardik C. Rawal waives service of Rule on behalf of respondent No. 2 and learned advocate Mr. Vibhuti Nanavati waives service of Rule on behalf of respondent No. 5. Though served, nobody appears for respondent Nos. 1, 3 and 4. With the consent of the learned advocates, the matter is taken up for final disposal.

(2.) THE learned advocate for the petitioner submitted that the learned advocate for the petitioner - applicant withdrew the matter - Motor Accident Claim Petition No. 751 of 2000 by an application /pursis dated 14. 07. 2005, wherein an order was passed on the same day, i. e. 14. 07. 2005. The learned advocate for the petitioner submitted that the petitioner had never instructed his advocate for the same.

(3.) THE case of the learned advocates for the Insurance Company and Gujarat State Road Transport Corporation is that the application /pursis was signed by the petitioner.