Gujarat High Court High Court

Pravin vs Heard on 28 February, 2011

Gujarat High Court
Pravin vs Heard on 28 February, 2011
Author: V. M. G.B.Shah,&Nbsp;
   Gujarat High Court Case Information System 

  
  
    

 
 
    	      
         
	    
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MCA/2574/2010	 2/ 2	ORDER 
 
 

	

 

IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
 

 


 

MISC.CIVIL
APPLICATION - FOR RESTORATION No. 2574 of 2010
 

In


 

LETTERS
PATENT APPEAL (STAMP NUMBER) No. 1458 of 2005
 

In
SPECIAL CIVIL APPLICATION No. 15002 of 2005
 

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


 

PRAVIN
RAMESH YAVALKAR - Applicant(s)
 

Versus
 

UNION
OF INDIA THR' GENERAL MANAGER & 2 - Opponent(s)
 

=========================================
 
Appearance : 
MR
GR MALHOTRA for the Applicant. 
MR KALPESH N SHASTRI for the
Opponents. 
========================================= 

 
	  
	 
	  
		 
			 

CORAM
			: 
			
		
		 
			 

HONOURABLE
			MR.JUSTICE V. M. SAHAI
		
	
	 
		 
			 

 

			
		
		 
			 

and
		
	
	 
		 
			 

 

			
		
		 
			 

HONOURABLE
			MR.JUSTICE G.B.SHAH
		
	

 

 
 


 

Date
: 28/02/2011 

 

 
 
					ORAL
ORDER

(Per
: HONOURABLE MR.JUSTICE V. M. SAHAI)

Heard
learned counsel Mr. Malhotra appearing for the applicant and learned
counsel Mr. K.N.Shashtri appearing for the respondents.

2. The
Appeal was dismissed for non-prosecution on 13th January, 2006. The
Restoration Application was filed stating therein that due to
personal difficulty, he had to go to Madras and thereafter, asked his
clerk to remove office objections. Thereafter, it is stated in para-5
that due to personal difficulty, he was going to to Delhi of and on.
In the meantime, he forgot about the case as he was assisting in the
treatment of his brother who was hospitalised due to fracture. Though
it has not been stated in the restoration application, but orally,
learned counsel for the applicant has stated that his brother had
developed sore due to which his condition became critical. He came to
know about the dismissal of the Appeal on 28th February, 2007 and
thereafter, this Application was filed on 7th March, 2007. Substances
made in the application have remained uncontroverted. The cause shown
in support of the restoration application is sufficient.

2.
In the result, This Miscellaneous Civil Application is allowed.
Letters Patent Appeal is restored to its original number.

(V.M.Sahai,J)

(G.B.Shah,J)

***vcdarji

   

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