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MCA/2059/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION - FOR RESTORATION No. 2059 of 2008
In
FIRST
APPEAL (STAMP NUMBER) No. 5010 of 2007
=========================================================
PATEL
BHAILALBHAI SHANKARLAL - Applicant(s)
Versus
NATIONAL
INSURANCE CO. LTD. & 1 - Opponent(s)
=========================================================
Appearance
:
MR
MAYUR RAJGURU for
Applicant(s) : 1,
None for Opponent(s) : 1 -
2.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 22/07/2008
ORAL
ORDER
Heard
learned advocate Mr. Rajguru on behalf of applicant ? original
claimants.
The
FA (ST) no. 5010/2007 is dismissed for none prosecution by order
dated 1/5/2008 as office objection is not removed in time. This
application is filed with a prayer to recall the order dated
1/5/2008, where appeal is dismissed in default.
Therefore,
considering averment made in this application on oath and
considering submissions made by learned advocate Mr. Rajguru. The
prayer made in para 5(a) is granted.
Accordingly,
MCA is allowed and order passed by this Court on 1/5/2008 is
recalled. The FA (ST) no. 5010/2007 is restored to original file.
Accordingly,
MCA is disposed of.
(H.K.RATHOD,
J)
asma
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