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MCA/190/2009 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION - FOR RESTORATION No. 190 of 2009
In
FIRST
APPEAL No. 1216 of 1990
=================================================
PARSHOTTAMDAS
C PATEL - Applicant(s)
Versus
DAHYABHAI
KERVAJI KOTADIA & 4 - Opponent(s)
=================================================
Appearance
:
MR
NS DESAI for Applicant(s) : 1,
None for Opponent(s) : 1 - 2, 4,
MR
SHALIN N MEHTA for Opponent(s) : 3,
MR KF DALAL for Opponent(s) :
5,
=================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 30/06/2010
ORAL
ORDER
The
present application is filed on 21 st
September 2007, praying that,
11(A) That
Your Lordships may be pleased to allow this application by restoring
the Civil First Appeal No.1216 of 1990 on file for final hearing by
quashing and setting aside the impugned order dated 22.08.2007.
2. By
order dated 22.08.2007 this Court (Coram: R.S. Garg, J.) has
dismissed the matter for want of prosecution. Though this application
was filed in 2007, the same was numbered only in 2009. Thereafter
also it is not moved by the learned advocate for the
applicant-original appellant. The matter was placed on Board on 23rd
June 2010. On that day, it was adjourned for today. Learned advocate
Mr.Desai invited attention of the Court to the affidavit filed by him
in support of this application. Taking into consideration the
contents of that application wherein in paras 2 and 3 it is stated
that,
2. That in
the year 2007, the aforesaid First Appeal was listed for final
hearing on many days but could not be reached and finally heard and
ultimately, the aforesaid First Appeal was listed at sr.no.33 on the
board of final hearing on 22.08.2007 before the Hon’ble High Court of
Gujarat (Coram : Shri R.S. Garg, J.).
3. That
I say and submit that this Hon’ble court (Coram: Shri R.S. Garg, J.)
used to hear the First Appeal fro final hearing every day in second
sitting from 2.15 to 4.45 p.m. On 22.08.2007 the said appeal was
listed at sr.no.33. On that day, I was suffering from acute
diarrhoea since morning. After taking some medicines, I thought that
I would be able to go the Hon’ble High court for attending the
aforesaid appeal. When I used to start my scooter, it could not be
started due to some mechanical defect and therefore, because of
frequent loose motions and as the First Appeal is at sr.no.33, I
thought that it will not be reached and heard on that, i.e. on
22.8.2007 and if I will go next day then I will be able to attend
the said First Appeal for final hearing. .. ..
the
present application is allowed. The main matter is restored to file.
3. The
Registrar General is directed to inquire into the matter as to why
the Misc. Civil Application filed on 21st September 2007
was not numbered till 2009 and why was it not placed on Board for
consideration of the Court. Report be placed on record.
(RAVI
R. TRIPATHI, J.)
karim
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