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MCA/1954/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION - FOR ORDERS No. 1954 of 2010
In
SPECIAL
CIVIL APPLICATION No. 3650 of 1997
=========================================================
RAJESH
G PURABIYA - Applicant(s)
Versus
STATE
OF GUJARAT & 2 - Opponent(s)
=========================================================
Appearance
:
MR
RC PATHAK for
Applicant(s) : 1,
MS CM SHAH, LD.ASST.GOVERNMENT PLEADER for
Opponent(s) : 1,
None for Opponent(s) : 2 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 20/08/2010
ORAL
ORDER
By
way of present application, the applicant has prayed for recalling
the order dated 08th March 2010 passed by this Court in
Special Civil Application No.3650 of 1997 and thereby, restoring the
main petition to its original file.
Heard
learned advocate for the applicant. Mr.P.H. Pathak, learned advocate
appearing on behalf of Mr.R.C. Pathak for the applicant, is not
prepared to pay any costs for restoration of the main petition
though suggested by the Court. This Court suggested an amount of
Rs.1000/- per annum since the matter is very old. However, the same
is not accepted by Mr.P.H. Pathak.
It
is pertinent to note that this Court has dismissed the main petition
for non-compliance of the earlier order dated 21st August
2007 passed by this Court and not dismissed for default. Further,
all throughout this Sitting, Mr.R.C. Pathak, learned advocate for
the applicant, has not turned up in this Court for conducting any of
the matters. It goes without saying that filing of a sick-note or
leave-note would not give a licence to a lawyer to remain absent for
an indefinite time.
In
view of aforesaid, I do not find any ground to recall the said order
and to restore the petition. Hence, present application stands
dismissed.
(K.S.
Jhaveri, J)
Aakar
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