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LPA/61/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 61 of 2011
In
MISC.CIVIL
APPLICATION No. 1954 of 2010
In
SPECIAL CIVIL APPLICATION No. 3650 of 1997
=========================================
RAJESH
G PURABIYA - Appellant(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
=========================================
Appearance
:
MR PH
PATHAK for
Appellant(s) : 1,
Mr N J Shah, Asstt. GOVERNMENT PLEADER for
Respondent(s) : 1,
None for Respondent(s) : 2 -
3.
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE V. M. SAHAI
and
HONOURABLE
MR.JUSTICE G.B.SHAH
Date
: 21/02/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE V. M. SAHAI)
1. We
have heard Mr P. H. Pathak, learned counsel for the appellant and Mr
N.J. Shah, learned Asstt.Government Pleader for respondents No. 1 to
3.
2. With
the consent of the learned counsel for the parties, we have taken
this appeal for final disposal.
. Learned
counsel for the appellant has urged that he is ready to pay cost of
Rs. 1,000/- but he is not ready to pay cost of Rs. 1,000/- per year
for 13 years , Rs. 13,000/- while the matter was pending before this
court. We are of the opinion that since the appellant did not
appear before the learned Single Judge and, therefore, the learned
Single Judge was fully justified in imposing cost on the appellant.
But in our opinion, the cost of Rs. 1,000/- per annum for 13 years
is a bit too harsh. Interest of justice would be served if we
request the learned Single Judge to consider the restoration of the
Special Civil Application afresh.
4. The
appeal is allowed. The matter is remanded back to the learned Single
Judge with a request to hear the restoration application afresh, at
the earliest, subject to His Lordship’s convenience.
[V
M SAHAI, J.]
[G
B SHAH, J.]
msp
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