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MCA/2097/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION - FOR RESTORATION No. 2097 of 2010
In
FIRST
APPEAL No. 1363 of 1981
=========================================================
UNION
OF INDIA - Applicant(s)
Versus
M/S
CONTINENTAL COMMERCIAL CORPORATION, OFFICE AT COSI - Opponent(s)
=========================================================
Appearance :
MR
NS SHEVADE for Applicant(s) : 1,
MS RV ACHARYA for Opponent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 24/12/2010
ORAL
ORDER
1. This
application has been filed for restoration of the main matter, which
was dismissed in the year 2004.
2. Heard
learned counsel for the respective parties and perused the documents
on record.
3.
Mr. N.S. Shevade, learned counsel for the applicant, states that the
decretal amount has already been deposited by the applicant with the
executing Court concerned.
4. Considering
the facts and circumstances of the case, the respondent is at liberty
to withdraw the amount deposited by the applicant with the executing
Court concerned, after furnishing necessary bank guarantee in that
regard. In view of the same, the application is allowed and the main
matter is restored on file. The application stands disposed of
accordingly. Rule is made absolute to the above extent with no order
as to costs.
5. The
main is peremptorily fixed for hearing on 28.01.2011 on condition
that the office objections are removed before the next date.
Thereafter, the matter be listed on the Final Hearing Board at Sr.
No.1 on the next date.
[K.
S. JHAVERI, J.]
Pravin/*
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