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MCA/2132/2010 1/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION No. 2132 of 2010
In
STAMP
NUMBER (SPL.C.A.) No. 927 of 2010
=====================================================
MANGAL
TEXTILES MILLS (I) P. LTD THRO'AUTHORISED SIGNATORY - Applicant(s)
Versus
UNION
OF INDIA THROUGH MINISTRY OF FINANCE & 1 - Opponent(s)
=====================================================
Appearance :
MR
HASIT DILIP DAVE for Applicant(s) : 1,
None for Opponent(s) : 1 -
2.
=====================================================
CORAM
:
HONOURABLE
MS.JUSTICE H.N.DEVANI
and
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 01/09/2010
ORAL
ORDER
(Per
: HON’BLE SMT. JUSTICE ABHILASHA KUMARI)
1. Leave
to amend the prayer clause is granted.
2. This
application has been filed with a prayer to recall order dated
30-04-2010 passed by this Court in Special Civil Application (St.)
No.927 of 2010, whereby the said petition came to be dismissed for
non-removal of office objections before the stipulated period of
time as stated in the said order. It is further prayed that the
delay of 23 days, occasioned in filing the application, may be
condoned.
3. We
have heard Mr.H.D.Dave, learned advocate for the applicant and
perused the averments made in the application. It is submitted by the
learned counsel for the applicant that the office objections shall
be removed on, or before, 16-09-2010, therefore, the prayers made in
the application may be granted.
4. In
view of the explanation rendered in paragraphs Nos.3 to 5 of the
application as well as the undertaking given by the learned counsel
for the applicant that the office objections shall be removed on, or
before, 16-09-2010, the prayers made in the application, deserve to
be granted.
5. Accordingly,
the delay of 23 days occasioned in filing the application is
condoned. The order dated 30-04-2010 passed in Special Civil
Application (St.) No.927 of 2010 is recalled, subject to the
condition that the office objections shall be removed on, or before,
16-09-2010, failing which the direction of recall of the order dated
30-04-2010 would not operate and Special Civil Application (St.)
No.927 of 2010 would automatically be dismissed, without reference to
the Court.
6. The
application is allowed, in the above terms.
(Harsha Devani,J)
(Smt.Abhilasha Kumari,J)
arg
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