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OJCA/215/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION No. 215 of 2010
In
STAMP
NUMBER No. 877 of
2010
=================================================
FALGUN
K PATEL - Applicant(s)
Versus
O.L.
OF DISHA AGRO INDUSTRIES LIMITED. & 4 - Respondent(s)
=================================================
Appearance
:
MR
SHIRISH JOSHI for Applicant(s) : 1,
OFFICIAL LIQUIDATOR for
Respondent(s) : 1,
MR.HIREN M MODI for Respondent(s) : 1,
RULE
SERVED for Respondent(s) : 2 - 3.
SERVED BY AFFIX.-(R) for
Respondent(s) : 4,
MR AS VAKIL for Respondent(s) :
5,
=================================================
CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 15/07/2010
ORAL
ORDER
(Per
: HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA)
An
application for review has been preferred after delay of about 200
days. It is stated that O.J. Appeal was disposed of on 28.07.2009,
but against the same the applicant moved before the Supreme Court by
filing Special Leave Petition on 27.10.2009, but on the advice of the
counsel for the petitioner the same was withdrawn on 15.02.2010 and
petition for review was filed on 05.05.2010.
Learned
counsel appearing on behalf of the 5th
respondent opposed the prayer giving reference to different dates.
It is stated that except the benefit that the petitioner can claim
u/Sec.14 of the Limitation Act, no ground is made out to condone the
delay for the rest of the period.
2. We
have heard counsel for the petitioner, opponent no.5 and the Official
Liquidator and perused record. From the facts and pleadings in the
petition, it is clear that the applicant has moved before the Supreme
Court but on the advice of the lawyer withdrew the same for
preferring a review application. The case was withdrawn on
15.02.2010 and the review application was filed after about two and
half months, but we are inclined to grant the benefit for the said
period as it is for taking advice that sometime was consumed by the
appellant. Thus, being satisfied with the grounds shown, delay of
200 days in preferring the review application is condoned. Review
application be registered and listed on 05.08.2010.Civil Application
stands disposed of.
(S.J.
MUKHOPADHAYA, C.J.)
(K.M.
THAKER, J.)
[sn
devu] pps
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