Gujarat High Court Case Information System
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MCA/1780/2009 1/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION - FOR RESTORATION No. 1780 of 2009
In
SPECIAL
CIVIL APPLICATION No. 10455 of 2008
=========================================================
AMARSUNG
GALABSUNG RAJ - Applicant(s)
Versus
STATE
OF GUJARAT & 5 - Opponent(s)
=========================================================
Appearance
:
MR
MA PAREKH for Applicant(s) : 1, 1.2.1, 1.2.2, 1.2.3, 1.2.4,
1.2.5,1.2.6
MS V S PATHAK, ASST GOVERNMENT PLEADER for
Opponent(s) : 1,
RULE SERVED BY DS for Opponent(s) : 1 - 2.
NOTICE
SERVED for Opponent(s) : 3 - 4, 4.2.2, 4.2.4, 4.3.1, 4.3.2,4.3.3 -
6,6.2.2
None for Opponent(s) : 4, 6,
MR RA PATEL for
Opponent(s) : 4.2.1, 4.2.2, 4.2.3, 4.2.4, 4.3.1, 4.3.2,4.3.3
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE D.A.MEHTA
Date
: 29/01/2010
ORAL
ORDER
This
application seeks restoration of the main petition being Special
Civil Application No.10455 of 2008 which came to be rejected for want
of prosecution. Learned Advocate for the applicant has reiterated
the reasons advanced in paragraph No.3 of the application.
Furthermore learned Advocate has filed an affidavit dated 12/01/2010
annexing therewith the documents which are required to be produced by
the petitioner in the main petition.
Learned
Advocate for opponents has also been heard.
Considering
the fact that the learned Advocate was held up before another Court
when the matter was taken up for hearing the explanation tendered
deserves to be accepted. Accordingly this restoration application is
granted subject to the applicant depositing a sum of Rs.1,500/- with
High Court Legal Services Committee within a period of one week from
today and producing the original receipt on record of the main
petition. Upon production of such receipt main matter shall stand
restored to file. However, in the event of failure to produce the
receipt on record of the main petition on or before 06/02/2010 this
application shall stand rejected without further reference to the
Court.
Application
is allowed accordingly. Rule made absolute with no order as to
costs.
(D.A.Mehta,
J.)
sompura
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