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MCA/605/2010 1/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION - FOR RESTORATION No. 605 of 2010
In
SPECIAL
CIVIL APPLICATION No. 6403 of
2003
=========================================================
POWER
BUILD LIMITED - Applicant(s)
Versus
GUJARAT
STATE COOPERATIVE MARKETING FEDERATION LIMITED - Opponent(s)
=========================================================
Appearance
:
MR
RAVINDRA SHAH for
Applicant(s) : 1,
MS JIRGA D JHAVERI for Opponent(s) :
1,
=========================================================
CORAM
:
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 16/03/2010
ORAL
ORDER
1. This
application has been filed with a prayer to recall order dated
09.03.2010 and to restore Special Civil Application No.6403 of 2003,
to its original position on file and also to restore the interim
relief which was operating therein. The aforesaid petition was
dismissed for default on 09.03.2010.
2. I
have heard Mr. Ravindra Shah, learned Counsel for the petitioner and
perused the averments made in the application.
3. It
is submitted by Mr. Shah that Special Civil Application 6403 of 2003,
was not reflected on his Board on 09.03.2010 and, therefore, he was
not in a position to attend the Court, as he was not aware about the
listing of the matter. A copy of the Cause List dated 09.03.2010 of
the learned Advocate is attached as Annexure-A
to the application. Having perused the averments made in the
applicant and having perused the contents of Annexure-A ,
the interest of justice would be met if the prayer made in the
application is granted.
4. Accordingly,
the application is allowed. The order dated 09.03.2010 is recalled
and Special Civil Application No.6403 of 2003 is restored to its
original status on file. The interim relief, which was operating in
the petition, also stands restored. The application is disposed of in
the above terms.
(SMT.
ABHILASHA KUMARI, J.)
Umesh/
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