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MCA/2770/2011 1/ 1 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION No. 2770 of 2011
In
SPECIAL
CIVIL APPLICATION No. 1510 of 2010
=========================================
CHANDRAKANTBHAI
P PATEL AND OTHERS
Versus
STATE
OF GUJARAT AND OTHERS
=========================================
Appearance
:
MR GAURAV MEHTA for MR PINAKIN
M RAVAL for Applicants.
MR KP RAVAL, AGP for Opponent Nos.1 -
2. None for Opponent Nos.3 -
4.
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE D.H.WAGHELA
and
HONOURABLE
MR.JUSTICE BANKIM.N.MEHTA
Date
: 11/11/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE D.H.WAGHELA)
Rule.
Learned AGP waives service for the respondent. The applicants have
prayed for restoration of Special Civil Application No.1510 of 2010,
which was dismissed for default as no one had attended the hearing on
14.7.2010 inspite of it being called out thrice during the course of
the day. It was submitted by learned counsel, Mr.Gaurav Mehta, that
he came to know about the order dated 14.7.2010 after almost a year,
and as confessed in the application itself, it was because of his
negligence that the dismissal and delay had happened. He prayed to
restore the original petition. Learned AGP having no objection,
the application is allowed and Rule is made absolute with the
direction that Special Civil Application No.1510 of 2010 shall stand
restored to file subject to the condition that the applicants shall
pay, within 15 days, by way of cost Rs.5,000/- to respondent no.2 in
terms of order dated 21.10.2011 in Civil Application No.9145 of 2011.
(D.H.Waghela,
J.) (Bankim N. Mehta, J.)
*malek
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