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MCA/2492/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION - FOR RESTORATION No. 2492 of 2008
In
FIRST
APPEAL (STAMP NUMBER) No. 2398 of 2005
=========================================================
DABHI
PARULBEN JAGDISHBHAI & 2 - Applicant(s)
Versus
VINODBHAI
DAYALBHAI MOCHI & 2 - Opponent(s)
=========================================================
Appearance
:
MR
DC SEJPAL for
Applicant(s) : 1
- 3.
None
for Opponent(s) : 1 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 18/09/2008
ORAL
ORDER Heard
learned advocate Mr. D.C. Sejpal appearing on behalf of applicant.
The
present application is filed with a prayer to recall the order passed
by this Court on 13th March 2006 where the matter is
dismissed in default as the office objections are not removed in time
by the applicant. The prayer is also made to condone the delay of 395
days in filing present Misc. Civil Application.
I
have considered the submissions made by learned advocate Mr. Sejpal
and also considering the averments made in this application followed
by affidavit, the delay of 395 days is hereby condoned in the
interest of justice as sufficient cause has been shown by the
applicant to the satisfaction of this Court.
The
order passed by this Court on 13th March 2006 is hereby
recalled and First Appeal (Stamp) No.2398 of 2005 is restored to its
original file.
The
time is further extended to remove the office objections, if any, for
a period of one month from today, failing which, matter shall stand
dismissed in default without reference to this Court.
Accordingly,
present Misc. Civil Application is disposed of.
[H.K.
RATHOD, J.]
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