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MCA/1078/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION - FOR RESTORATION No. 1078 of 2008
In
FIRST
APPEAL (STAMP NUMBER) No. 2909 of 2006
=========================================================
DINESHBHAI
NAGARDAS MODI - Applicant(s)
Versus
BARKATALI
DAWOOD SHEIKH & 2 - Opponent(s)
=========================================================
Appearance
:
MS
SK VISHEN for
Applicant(s) : 1,
None
for Opponent(s) : 1 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 18/07/2008
ORAL
ORDER
I
have considered the submissions made by learned advocate Ms. Vishen
appearing on behalf of applicant and I have also considered the
submissions made in this application.
After
considering the both, the prayer 5A made in this application is
granted. Accordingly, order dated 1st May 2007 passed in
First Appeal (Stamp) No.2909 of 2006 is hereby recalled and First
Appeal (Stamp) No.2909 of 2006 is ordered to be restored to its
original file.
Time
is extended to remove office objection, if any, within a period of
two weeks from today, failing which, again, matter will dismiss in
default without reference to this Court.
Accordingly,
present Misc. Civil Application is allowed.
Registry
is directed to pay the amount of Rs.5,000/- which has been deposited
by the applicant in pursuance of the order passed by this Court on
1st April 2008 in Civil Application for condonation of
delay No.4063 of 2008 by account payee cheque in the name of
Barkatali Dawood Shaikh.
[H.K.
RATHOD, J.]
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