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CA/9309/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR CONDONATION OF DELAY No. 9309 of 2011
In
MISC.
CIVIL APPLICATIN (STAMP) NO.2218 OF 2011
=========================================================
R.K.PATEL
- Petitioner(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
=========================================================
Appearance
:
MR
NK MAJMUDAR for
Petitioner(s) : 1,
MR.A.L.SHARMA, ASSITANT GOVERNMENT PLEADER for
Respondent(s) : 1,
None for Respondent(s) : 2 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 30/08/2011
ORAL
ORDER
Misc.Civil
Application No.1834/06 has been dismissed by this Court because
office objection has not been removed by the applicant, and
therefore, by order dated 4th November, 2006, it has been
dismissed in default.
Therefore,
today, present Civil Application No. 9309/11 is filed with a prayer
to condone delay of approximate 1703 days in filing Misc. Civil
Application for restoration.
I
have considered submissions made by both learned advocates. After
considering submissions made in this application and prayer made in
Paragraph-7(B) supported with affidavit, delay of approximate 1703
days is condoned in the interest of justice as sufficient cause is
shown by applicant to satisfy of this Court.
Registry
is directed to register Misc. Civil Application (Stamp) No.2218/11
because delay has been condoned by this Court today. This present
Misc. Civil Application is preferred with a prayer to recall order
passed by this Court on 04.09.2006 in Misc. Civil Application
(STAMP) NO. 1834/06.
I
have considered submission made by learned advocate Mr.N.K.Majmudar
and also considering submission made by learned Assistant Government
Pleader Mr. A.L.Sharma. Considering avernments made in this present
application, supported with affidavit, order passed by this Court on
04.011.2006 is recalled and main petition-application is restore to
original file. Accordingly, present application is disposed of.
However, any further time is required to remove office objection in
Misc. Civil Application, time is extended up to 26.09.2011, failing
which, matter will dismiss in default without reference to this
Court.
(H.K.RATHOD,J)
Girish
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