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MCA/697/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION - FOR RESTORATION No. 697 of 2011
In
STAMP
NUMBER (SPL.C.A.) No. 12293 of 2008
=========================================================
JANAKLAL
B SHAH & 4 - Applicant(s)
Versus
STATE
OF GUJARAT & 3 - Opponent(s)
=========================================================
Appearance
:
MR
PRABHAKAR UPADYAY for
Applicant(s) : 1 - 3,3.2.1 - 5.
GOVERNMENT PLEADER for Opponent(s)
: 1,
None for Opponent(s) : 2 -
4.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 05/04/2011
ORAL
ORDER
Heard
learned Advocate Mr. Prabhakar Upadhyay for applicant and learned AGP
Mr. AL Sharma for opponent State. This application is preferred with
a prayer to recall order of this court dated 25.2.2009 passed in
Special Civil Application (Stamp Number) No. 12293 of 2008. This
Court has dismissed matter in default because of non-removal of
office objection in time. There is a delay of 691 days in filing
present application. Considering submissions made by both learned
advocates and also considering averments made in this application
supported with affidavit, delay of 691 days in filing of this
application is condoned in interest of justice since sufficient cause
is shown by applicant to satisfaction of this Court and order of this
Court dated 25.2.2009 is recalled. Special Civil Application (Stamp
Number) No. 12293 of 2008 is hereby restored to original file.
However, if any office objection(s) is still to be removed, let it be
removed on or before 2nd May, 2011 failing which matter
will stand dismissed again for default.
Accordingly,
present application is disposed of.
(H.K.
Rathod,J.)
Vyas
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