Gujarat High Court High Court

Ahmedabad vs Unknown on 15 November, 2011

Gujarat High Court
Ahmedabad vs Unknown on 15 November, 2011
Author: C.K.Buch, Honourable H.B.Antani,
  
 Gujarat High Court Case Information System 
    
  
    

 
 
    	      
         
	    
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MCA/79120/2008	 2/ 2	ORDER 
 
 

	

 

IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
 

 


 

MISC.CIVIL
APPLICATION - FOR RESTORATION No. 791 of 2008
 

In


 

FIRST
APPEAL (STAMP NUMBER) No. 856 of 2006
 

with
 

MISC.CIVIL
APPLICATION - FOR RESTORATION No. 792 of 2008
 

In


 

FIRST
APPEAL (STAMP NUMBER) No. 857 of 2006
 

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

 

AHMEDABAD
MUNICIPAL CORP. - Applicant(s)
 

Versus
 

GOLDEN
THETURE - Opponent(s)
 

=========================================================
 
Appearance
: 
MR
MAULIN R RAVAL for
Applicant(s) : 1, 
None for Opponent(s) :
1, 
=========================================================


 
	  
	 
	  
		 
			 

CORAM
			: 
			
		
		 
			 

HONOURABLE
			MR.JUSTICE C.K.BUCH
		
	
	 
		 
			 

 

			
		
		 
			 

and
		
	
	 
		 
			 

 

			
		
		 
			 

HONOURABLE
			MR.JUSTICE H.B.ANTANI
		
	

 

 
 


 

Date
: 10/09/2008
 

COMMON
ORAL ORDER

(Per
: HONOURABLE MR.JUSTICE C.K.BUCH)

Heard
Shri Maulin Raval, learned counsel appearing for the applicant. The
First Appeal dismissed for non-removal of Office Objections by the
applicant is required to be restored.

There
is a delay of 28 days and 26 days respectively in filing both the
applications. However, by taking liberal and pragmatic view the
request to condone the delay is required to be accepted because we
are of the view that a party when has approached the highest Court
of the State, its appeal should not be thrown away on account of
some error or negligence on the part of clerk of its advocate.

So
in view of aforesaid, the present applications are hereby allowed
taking into consideration the affidavit submitted by the applicant.

Now
the Registry shall restore the main appeals and thereafter, the
applicant shall remove all the Office Objections within a period of
five day, failing which the appeals shall be treated as dismissed
again.

(C.K.

Buch, J)

(H.B.

Antani, J)

Aakar

   

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