Gujarat High Court Case Information System
Print
MCA/79120/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION - FOR RESTORATION No. 791 of 2008
In
FIRST
APPEAL (STAMP NUMBER) No. 856 of 2006
with
MISC.CIVIL
APPLICATION - FOR RESTORATION No. 792 of 2008
In
FIRST
APPEAL (STAMP NUMBER) No. 857 of 2006
=========================================================
AHMEDABAD
MUNICIPAL CORP. - Applicant(s)
Versus
GOLDEN
THETURE - Opponent(s)
=========================================================
Appearance
:
MR
MAULIN R RAVAL for
Applicant(s) : 1,
None for Opponent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE C.K.BUCH
and
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 10/09/2008
COMMON
ORAL ORDER
(Per
: HONOURABLE MR.JUSTICE C.K.BUCH)
Heard
Shri Maulin Raval, learned counsel appearing for the applicant. The
First Appeal dismissed for non-removal of Office Objections by the
applicant is required to be restored.
There
is a delay of 28 days and 26 days respectively in filing both the
applications. However, by taking liberal and pragmatic view the
request to condone the delay is required to be accepted because we
are of the view that a party when has approached the highest Court
of the State, its appeal should not be thrown away on account of
some error or negligence on the part of clerk of its advocate.
So
in view of aforesaid, the present applications are hereby allowed
taking into consideration the affidavit submitted by the applicant.
Now
the Registry shall restore the main appeals and thereafter, the
applicant shall remove all the Office Objections within a period of
five day, failing which the appeals shall be treated as dismissed
again.
(C.K.
Buch, J)
(H.B.
Antani, J)
Aakar
Top