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SCA/14931/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 14931 of
2011
=========================================================
HEMANBEN
C SOMMAIYA - Petitioner(s)
Versus
AIRPORT
AUTHORITY OF INDIA & 1 - Respondent(s)
=========================================================
Appearance
:
MR
SHALIN MEHTA FOR NIKUNT K RAVAL
for
Petitioner(s) : 1,
MR CHETAN PANDYA FOR SV RAJU ASSOCIATES for
Respondent(s) : 1,
None for Respondent(s) :
2,
=========================================================
CORAM
:
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 17/10/2011
ORAL
ORDER
When
the matter is taken up, today, Mr.Shalin Mehta, learned advocate for
Mr.Nikunt K. Raval, learned advocate for the petitioner, states that
the petitioner shall file an application for restoration of the
appeal before the Appellate Forum, within a period of 10 days from
today, and as status-quo had been granted before dismissal of the
appeal on the ground of non-prosecution, the Court may direct
status-quo to be maintained regarding the possession of the
petitioner, till a decision is arrived at by the Appellate Forum, on
the application for restoration.
Mr.
Chetan Pandya, learned advocate for M/s. S.V. Raju Associates on
behalf of respondent No.1, submits that the petitioner ought to have
approached the Appellate Forum by filing an application for
restoration, instead of approaching this Court.
Having
heard the learned advocates for the respective parties, and in view
of the statement made by the learned advocate for the petitioner, the
following order is passed:-
In
the event that the petitioner files an application for restoration of
the appeal before the Appellate Forum, the said application shall be
heard and decided, in accordance with law. Till such time, as a
decision is taken upon the application, status-quo, as it exists
today, qua the possession of the petitioner, shall be maintained.
It
is clarified that while passing this order, the Court has not entered
into the merits of the case.
The
petition is disposed of, in the above terms.
(Smt.
Abhilasha Kumari, J.)
rakesh/
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