Narayanbhain Kantibhai Patel vs Patel Auto Tyres

Learned advocate Mr. JM Barot for the respondent states at bar that the respondent is not ready and willing to settle the matter. By order dated 11.1.2016, this Court has issued notice for limited purpose to explore the possibility of settlement. In light of this position and considering the findings of facts recorded in para 11 of the impugned order passed in CMA Nos.7 and 8 of 2010 no case is made out to entertain the present petitions. At this stage, learned advocate Mr. Jal Unwala appearing with learned advocate Mr. Vashi for the petitioner states at bar that considering the lis involved in the matter and considering the fact that the suit is filed in the year 2009, the learned trial Judge may be directed to expedite the hearing of the suit so that the lis involved in Page 1 of 2 HC-NIC Page 1 of 2 Created On Thu May 05 03:33:40 IST 2016 C/SCA/378/2016 ORDER the matter can be resolved at an early point of time.

Considering the facts of the case, the learned trial Judge is directed to decide the suit as early as possible, but not later than one year from the date of receipt of this order. The learned trial Judge shall decide the suit on its own merit without influenced by the observations recorded in the impugned order and the observations recorded in this order. The parties are directed to cooperate with the learned trial Judge and shall not seek unnecessary adjournments. It is clarified that this Court has not expressed any opinion on the merit of the impugned order.

With this, present petitions stand dismissed. Notice discharged.

(S.H.VORA, J.) shekhar Page 2 of 2 HC-NIC Page 2 of 2 Created On Thu May 05 03:33:40 IST 2016