Gujarat High Court Case Information System
Print
MCA/2574/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION - FOR RESTORATION No. 2574 of 2010
In
LETTERS
PATENT APPEAL (STAMP NUMBER) No. 1458 of 2005
In
SPECIAL CIVIL APPLICATION No. 15002 of 2005
=========================================
PRAVIN
RAMESH YAVALKAR - Applicant(s)
Versus
UNION
OF INDIA THR' GENERAL MANAGER & 2 - Opponent(s)
=========================================
Appearance :
MR
GR MALHOTRA for the Applicant.
MR KALPESH N SHASTRI for the
Opponents.
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE V. M. SAHAI
and
HONOURABLE
MR.JUSTICE G.B.SHAH
Date
: 28/02/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE V. M. SAHAI)
Heard
learned counsel Mr. Malhotra appearing for the applicant and learned
counsel Mr. K.N.Shashtri appearing for the respondents.
2. The
Appeal was dismissed for non-prosecution on 13th January, 2006. The
Restoration Application was filed stating therein that due to
personal difficulty, he had to go to Madras and thereafter, asked his
clerk to remove office objections. Thereafter, it is stated in para-5
that due to personal difficulty, he was going to to Delhi of and on.
In the meantime, he forgot about the case as he was assisting in the
treatment of his brother who was hospitalised due to fracture. Though
it has not been stated in the restoration application, but orally,
learned counsel for the applicant has stated that his brother had
developed sore due to which his condition became critical. He came to
know about the dismissal of the Appeal on 28th February, 2007 and
thereafter, this Application was filed on 7th March, 2007. Substances
made in the application have remained uncontroverted. The cause shown
in support of the restoration application is sufficient.
2.
In the result, This Miscellaneous Civil Application is allowed.
Letters Patent Appeal is restored to its original number.
(V.M.Sahai,J)
(G.B.Shah,J)
***vcdarji
Top