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MCA/1740/2005 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION - FOR RESTORATION No. 1740 of 2005
in
LETTERS
PATENT APPEAL (STAMP) No. 496 of 2002
in
SPECIAL
CIVIL application No. 12847 of 2000
==============================================================
RATHOD
BALDEVBHAI FUSABHAI - Applicant(s)
Versus
DIVISIONAL
CONTROLLER GUJARAT STATE ROAD TRANSPORT CORPO. - Opponent(s)
==============================================================
Appearance
:
MR
TR MISHRA for
Applicant(s) : 1,
None for Opponent(s) :
1,
==================================================================
CORAM
:
HONOURABLE
MR.JUSTICE B.J.SHETHNA
and
HONOURABLE
MR.JUSTICE M.C.PATEL
Date
: 07/09/2005
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE B.J.SHETHNA)
Heard
learned counsel, Mr.Mishra for the applicant.
The
above appeal was dismissed for non-prosecution for non-compliance of
the mandatory order passed by the Division Bench of this court.
Ordinarily, this court would not restore the matter, but having
regard to the peculiar facts and circumstances of the case, in the
interest of justice, main appeal is required to be restored. Hence,
this application is allowed and the above appeal is restored to the
file at its original number and ordered to be placed for admission
today itself, as requested by learned counsel, Mr.Mishra for the
applicant.
(B.J.SHETHNA,
J.)
(M.C.PATEL,
J.)
pvv
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