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MCA/1425/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION - FOR RESTORATION No. 1425 of 2011
In
FIRST
APPEAL (STAMP NUMBER) No. 3455 of 2010
=========================================================
NATIONAL
INSURANCE COMPANY - Applicant(s)
Versus
GOVANBHAI
KUTHABHAI DHODI & 3 - Opponent(s)
=========================================================
Appearance
:
MR
DAKSHESH MEHTA for
Applicant(s) : 1,
None for Opponent(s) : 1 -
4.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 05/07/2011
ORAL
ORDER
Rule.
The
present Misc. Civil Application has been filed for restoration of
First Appeal St. No. 3455 of 2010 and recalling the order dated
23.12.2010 by which the main matter has been dismissed for
non-prosecution as well as for condonation of delay caused in filing
this application..
Learned
advocate Mr. Mehta has stated that he has received the receipt of the
amount deposited in lower court and he undertakes to take steps
within a week to remove the objections.
In
the circumstances, the present application deserves to be allowed.
Prayer in terms of Para 7(A) & (B) s granted. The order dated
23.12.2010 is ordered to be recalled and the main matter, i.e., First
Appeal St. No. 3455 of 2010 is ordered to be restored to file. The
delay of 103 days caused in filing this application is condoned.
The
application stands disposed of accordingly. Rule is made absolute.
(Rajesh
H. Shukla, J.)
(hn)
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