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LPA/61/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 61 of 2010
In
MISC.CIVIL
APPLICATION No. 3281 of 2009
In
SPECIAL CIVIL APPLICATION No. 7169 of 2004
With
CIVIL
APPLICATION No. 143 of 2010
In
LETTERS PATENT APPEAL No. 61 of 2010
=============================================
HANJAR
CINEMA - Appellant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=============================================
Appearance :
MR
MB GANDHI for Appellant(s) : 1,MR CHINMAY M GANDHI for Appellant(s) :
1,
MS TRUSHA PATEL ASST GOVERNMENT PLEADER for Respondent(s) :
1,
=============================================
CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
and
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 11/01/2010
ORAL
ORDER
(Per
: HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA)
Special
Civil Application No.7169 of 2004 was dismissed for default for non
prosecution on 15.12.2009. The petitioner-appellant preferred Misc.
Civil Application for restoration of the said Special Civil
Application. But the learned Single Judge by the impugned order dated
21.12.2009 dismissed the same on the ground that no case is made out
to recall the said order.
We
have heard learned counsel appearing for the appellant and the State.
We have noticed that Special Civil Application was preferred in
2004, and after more than five years the case was taken up, and it
was dismissed on 15.12.2009 for non appearance of Counsel. There was
no fault on the part of the appellant-petitioner, who was pursuing
the matter for more than five years, which could not be taken up
because of pendency of large number of cases before this Court. In
this background, we are of the opinion that the learned Single Judge
should have allowed restoration application.
We,
accordingly, set aside the order dated 21.12.2009 passed in M.C.A.
for restoration No.3281 of 2009, as also the order dated 15.12.2009
passed in Special Civil Application No.7169 of 2004. Consequently,
Special Civil Application No.7169 of 2004 stands restored to its
original file. Let it be listed before appropriate Bench on
25.01.2010.
Letters
Patent Appeal and Civil Application both stand allowed with aforesaid
observations. No costs.
(S.
J. MUKHOPADHAYA, C.J. )
(ANANT
S. DAVE, J. )
kailash
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