Gujarat High Court Case Information System Print 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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