Ramilaben vs Unknown on 1 April, 2011

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MCA/1649/2006	 2/ 2	ORDER 
 
 

	

 

IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
 

 


 

MISC.CIVIL
APPLICATION - FOR RESTORATION No. 1649 of 2006
 

In


 

FIRST
APPEAL (STAMP NUMBER) No. 3438 of 2004
 

=========================================================

 

RAMILABEN
WD/O MOHANBHIA PUNAMBHAI VASAVA & 3 - Applicant(s)
 

Versus
 

SHAMSUDDIN
MOHEMMED MOMIN & 3 - Opponent(s)
 

 


 

 


 

=========================================================
 
Appearance
: 
MR
MTM HAKIM for
Applicant(s) : 1 - 4. 
None for Opponent(s) : 1 -
3. 
=========================================================


 
	  
	 
	  
		 
			 

CORAM
			: 
			
		
		 
			 

HONOURABLE
			MR.JUSTICE KS JHAVERI
		
	

 

				
 

 
 


 

			Date
: 01/04/2011 

 

 
 
ORAL
ORDER

1. This
application is filed, praying to recall the order dated 11.02.2005
and restore the First Appeal(stamp Number) No. 3438 of 2004.

2. Heard
learned Advocate for the applicants. The matter was dismissed on
11.2.2005. The present application was filed on 5.7.2005. Record
shows that the application was affirmed on 30.11.2005. In any case
there is gross delay in filing the application which is not explained
at all. Further, even though the application was filed in the year
2005, no effort was made to get it heard at the earliest. There is
gross negligence on the part of the applicants. Hence, this is not a
case where a liberal view can be taken. Hence, the application is
rejected.

(K.S.JHAVERI,J.)

pawan

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