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MCA/180/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION - FOR RESTORATION No. 180 of 2009
In
FIRST
APPEAL No. 1078 of 1984
=========================================================
NEW
INDIA ASSURANCE CO.LTD. - Applicant(s)
Versus
MINOR
RAMESH VELABHAI & 3 - Opponent(s)
=========================================================
Appearance
:
MR
NAGIN N GANDHI for
Applicant(s) : 1,
MS SEJAL K MANDAVIA for Opponent(s) : 1,
None
for Opponent(s) : 1.2.1, 1.2.2,1.2.3 - 2, 4,
MR HJ NANAVATI for
Opponent(s) :
3,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 05/08/2010
ORAL
ORDER
The
present application is filed for restoration of the First Appeal,
which was dismissed by this Court (Coram: Akshay Mehta, J.) by order
dated 6th November 2006. The order reads as under:
When
called out, Mr.Gandhi, learned advocate for the appellant is not
present. Hence, dismissed for default.
2. The
present MCA was filed on 4th November 2006. The same was
moved for hearing today. When the matter has come up for hearing on
Board and was called out in the first half in the first round,
learned advocate Mr.Gandhi was not present. Neither sick note nor
leave note is filed by Mr.Gandhi. Instead of dismissing the matter
for default, the matter was kept in the second half. Even at the
second call in the second half, learned advocate Mr.Gandhi is not
present. The matter is dismissed for non prosecution.
(RAVI
R. TRIPATHI, J.)
karim
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