Gujarat High Court Case Information System
Print
MCA/672/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION - FOR RESTORATION No. 672 of 2009
In
FIRST
APPEAL (STAMP NUMBER) No. 2770 of 2006
With
CIVIL
APPLICATION No. 3697 of 2009
In
MISC.CIVIL APPLICATION - FOR RESTORATION No. 672 of 2009
=========================================================
MAHEFUZA
SALIMUDDIN KURESHI & 2 - Applicant(s)
Versus
GUJARAT
STATE ROAD TRANSPORT CORPORATION & 1 - Opponent(s)
=========================================================
Appearance
:
MR
SK BUKHARI for
Applicant(s) : 1 - 3.
MS AVANI S MEHTA for Opponent(s) : 1,
None
for Opponent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MS. JUSTICE R.M.DOSHIT
and
HONOURABLE
MR.JUSTICE SHARAD D.DAVE
Date
: 01/07/2009
ORAL
ORDER
(Per
: HONOURABLE MS. JUSTICE R.M.DOSHIT)
The
above Miscellaneous Civil Application has been filed by the
appellants for recall of the order dated 10th October,
2006 made in the above First Appeal Stamp No.2770 of 2006.
The
appellants have also filed the above Civil Application No.3697 of
2009 under Section 5 of the Limitation Act for condonation of delay
of 859 days occurred in filing the above Miscellaneous Civil
Application. On the facts and in the circumstances of the case, the
delay is condoned. Rule is made absolute in terms of paragraph 10(B)
of Civil Application No.3697 of 2009.
The
order dated 10th October, 2006 made on above First Appeal
Stamp No.2770 of 2006 is recalled. The First Appeal Stamp No.2770 of
2006 is restored on the files of the Registry on condition that the
appellants shall remove the office objections within one week from
today. In the event the appellants fail to remove the office
objections as directed, the First Appeal shall stand dismissed for
non-prosecution. Further, in the event the appellants succeed in the
First Appeal; the appellants will not be entitled to interest on the
additional amount of compensation for the period from 1st
December, 2006 till the date the Appeal is circulated for admission
hearing after removal of office objections.
Civil
Application and Miscellaneous Civil Application stand disposed of in
the above terms.
Registry
will maintain copy of this order on the record of the First Appeal.
(
Ms.R.M.Doshit, J )
(
Sharad D Dave, J )
srilatha
Top