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CA/5300/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR CONDONATION OF DELAY No. 5300 of 2010
In
LETTERS
PATENT APPEAL (STAMP NUMBER) No. 572 of 2010
In
SPECIAL CIVIL APPLICATION No. 9787 of 2009
With
LETTERS
PATENT APPEAL (STAMP NUMBER) No. 572 of 2010
In
SPECIAL CIVIL APPLICATION No. 9787 of 2009
With
CIVIL
APPLICATION (STAMP NUMBER) No. 4134 of 2010
In
LETTERS PATENT APPEAL (STAMP NUMBER) No. 572 of 2010
With
CIVIL
APPLICATION No. 5301 of 2010
In
LETTERS PATENT APPEAL (STAMP NUMBER) No. 569 of 2010
With
LETTERS
PATENT APPEAL (STAMP NUMBER) No. 569 of 2010
In
SPECIAL CIVIL APPLICATION No. 10167 of 2009
With
CIVIL
APPLICATION (STAMP NUMBER) No. 4004 of 2010
In
LETTERS PATENT APPEAL (STAMP NUMBER) No. 569 of 2010
With
CIVIL
APPLICATION No. 5303 of 2010
In
LETTERS PATENT APPEAL (STAMP NUMBER) No. 574 of 2010
With
LETTERS
PATENT APPEAL (STAMP NUMBER) No. 574 of 2010
In
SPECIAL CIVIL APPLICATION No. 10164 of 2009
With
CIVIL
APPLICATION (STAMP NUMBER) No. 4126 of 2010
In
LETTERS PATENT APPEAL (STAMP NUMBER) No. 574 of 2010
With
CIVIL
APPLICATION No. 5304 of 2010
In
LETTERS PATENT APPEAL (STAMP NUMBER) No. 634 of 2010
With
LETTERS
PATENT APPEAL (STAMP NUMBER) No. 634 of 2010
In
SPECIAL CIVIL APPLICATION No. 10166 of 2009
With
CIVIL
APPLICATION (STAMP NUMBER) No. 4892 of 2010
In
LETTERS PATENT APPEAL (STAMP NUMBER) No. 634 of 2010
=========================================
JADEJA
KISHORSINH LAGHUBHA - Petitioner(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
=========================================
Appearance :
MR
SHALIN N MEHTA for Petitioner(s) : 1,
MR NJ SHAH, AGP for
Respondent(s) : 1 3 in CA No.5300/10, LPAST No.572/10, CAST
No.4134/10 and CA No.5301/10, LPAST No.569/10, CAST No.4004/10
MS MOXA THAKKER, AGP for Respondent(s) : 1 3 in CA
No.5303/10, LPAST No.574/10, CAST No.4126/10 and CA No.5304/10, LPAST
No.634/10, CAST No.4892/10
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE D.H.WAGHELA
and
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 14/05/2010
COMMON
ORAL ORDER
(Per
: HONOURABLE MR.JUSTICE D.H.WAGHELA)
The
applications were not pressed for any order, with a prayer that the
applicants may be permitted to not only withdraw the present
applications, the Letters Patent Appeals and applications for stay
but the Special Civil Applications in which the orders sought to be
challenged in the appeals were made. It was submitted that, in any
case, by the impugned orders of learned Single Judge, the petitions
of the appellants are dismissed only on the ground of delay.
However, the litigation before this Court should not come in the way
of the applicants availing alternative statutory remedy provided
under the provisions of Sec.6-B of the Bombay Home Guards Act, 1947.
It was clarified by learned counsel, Mr.Mehta, that the applicants
herein would make application for condonation of delay, if required,
and such application, if filed, may be decided on its own merits by
the authority concerned. Learned AGPs, having no objection, the
present applications and appeals are permitted to be withdrawn with
liberty to the applicants to avail of the alternative statutory
remedy as aforesaid and they stand disposed accordingly. Direct
service is permitted.
(D.H.WAGHELA,J.)
(M.D.SHAH,J.)
radhan
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