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CA/8324/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR CONDONATION OF DELAY No. 8324 of 2010
In
MISC.CIVIL
APPLICATION No. 564 OF 2011
In
LETTERS
PATENT APPEAL (STAMP NUMBER) No. 1727 of 2008
With
LETTERS
PATENT APPEAL (STAMP NUMBER) No. 1727 of 2008
In
SPECIAL
CIVIL APPLICATION No. 4774 of 1997
=================================================
KHIMJI
JAMNADAS OIL CAKE INDUSTRIES - Petitioner(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=================================================
Appearance :
MR
ASHISH H SHAH for Petitioner(s) : 1,
GOVERNMENT PLEADER for
Respondent(s) : 1,
None for Respondent(s) :
2,
=================================================
CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
and
HONOURABLE
MR.JUSTICE J.B.PARDIWALA
Date
: 18/02/2011
ORAL ORDER
(Per
: HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA)
CIVIL
APPLICATION No. 8324 of 2010
This
Civil Application has been preferred for condonation of delay of 299
days in preferring the proposed petition for restoration.
It
appears that the petitioner preferred a Letters Patent Appeal with
certain defects which having not removed, the Court dismissed the
appeal for non-compliance of the Court’s order.
It
is stated that because of the inadvertent bona fide mistake of the
advocate’s clerk, the defects could not be removed in the Letters
Patent Appeal. The advocate who was initially engaged to appear in
the Letters Patent Appeal having appointed as the Additional
Solicitor General of India, Supreme Court, the defects could not be
removed by the Clerk.
We
have perused the petition and heard Ms Krina P Calla, learned AGP
appearing on behalf of the respondents. We being satisfied with the
ground shown, condone the delay of 299 days in preferring the Misc.
Civil Application for restoration.
This
Civil Application stands disposed of.
MISC.CIVIL
APPLICATION No. 564 OF 2011
Perused
the petition. Heard Ms Krina P Calla, learned AGP for the
respondents. For the grounds as shown by the petitioner as recorded
above, the petition for restoration is allowed. Letters Patent
Appeal (Stamp) No. 1727 of 2008 is restored to its original file.
This
Misc. Civil Application stands disposed of.
LETTERS
PATENT APPEAL (STAMP NUMBER) No. 1727 of 2008
The
counsel for the appellant is allowed time till 28th
February, 2011 to remove the defects, failing which the appeal shall
stand dismissed without further reference to the Bench. In case of
non-compliance, the matter should be brought to the notice of the
Court on 18th
March, 2011.
[S.
J. MUKHOPADHAYA, CJ.]
[J.
B. PARDIWALA, J.]
sundar/-
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