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LPA/2215/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 2215 of 2010
In
MISC.CIVIL
APPLICATION No. 2364 of 2010
In
SPECIAL CIVIL APPLICATION No. 9947 of 2010
With
CIVIL
APPLICATION No. 11349 of 2010
In
LETTERS PATENT APPEAL No. 2215 of 2010
=================================================
CHOKSI
TUBE COMPANY LTD - Appellant(s)
Versus
APPELLATE
AUTHORITY FOR INDUSTRIAL & FINANCIAL RECONSRUCTION & 2 -
Respondent(s)
=================================================
Appearance :
MR
MR BHATT, SR. ADVOCATE with MRS MAUNA M BHATT for Appellant(s) :
1,
None for Respondent(s) : 1 -
3.
=================================================
CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
and
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 24/09/2010
ORAL ORDER
(Per
: HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA)
The
appellant preferred the writ petition in Special Civil Application
No.9947 of 2010 which was dismissed on 26.8.2010 for non-prosecution.
In the petition for restoration Misc. Civil Application No. 2364
of 2010, Rule having issued returnable on 25.10.2010, the present
appeal under Clause 15 of the Letters Patent Appeal has been filed.
We
have heard the learned counsel for the appellant and perused the
record. This is a gross case of misuse of the jurisdiction of the
Court for which the Court is not only inclined to dismiss the case,
but also inclined to impose costs. We accordingly impose costs of
Rs.10,000/- (Rupees ten thousand only) on the petitioner
appellant which will pay the same by 24th October, 2010 in
favour of the Gujarat State Legal Services Authority, High Court
Campus, Ahmedabad and report to the Court in Misc. Civil Application
No. 2364 of 2010.
Let
a copy of this order be kept in the record of Misc. Civil Application
No. 2364 of 2010.
In
view of the above order, no further order is required to be passed in
this Appeal. The Civil Application also accordingly stands disposed
of.
[S.J.
MUKHOPADHAYA, CJ.]
[ANANT
S. DAVE, J.]
Sundar/*
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