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MCA/2054/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION - FOR RESTORATION No. 2054 of 2008
In
SECOND
APPEAL (STAMP NUMBER) No. 6 of 2005
=========================================================
SATWARA
PUNJABHAI VASHRAMBHAI - Applicant(s)
Versus
SATWARA
RAVJIBHAI BHAGWANJI BHAI & 1 - Opponent(s)
=========================================================
Appearance
:
MR
ASHISH M DAGLI for
Applicant(s) : 1,
MR MEHUL S SHAH for Opponent(s) : 1.2.1,1.2.3 ?
2.NOTICE SERVED BY DS for Opponent(s) : 1.2.2
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE C.K.BUCH
Date
: 13/08/2008
ORAL
ORDER
Heard
Mr.Ashish M Dagli, learned Advocate for the applicant and Mr.Mehul
Shah, learned Advocate for the respondents.
I
have gone through the contents of the application and reply affidavit
filed by the learned Advocate, Mr.Mehul Shah, for respondents No.1
and 2 and have considered the nature of resistance placed by the
other side. True it is that this is a case of gross delay of more
than three years, but ultimately the appeal was dismissed for
non-removal of office objection and therefore such type of dismissal
can be said to be merely on technicalities.
So,
considering the facts and circumstances of the case placed by the
applicant, the Second Appeal dismissed for want of prosecution is
hereby ordered to be restored. The delay caused in preferring the
present application is construed to have been condoned. The
applicant-appellant after restoration of the Second Appeal shall
remove the office objection at the earliest preferably before 21st
August, 2008 and thereafter the Registry shall circulate the Second
Appeal for admission hearing. Application is allowed accordingly.
Before
parting with the order, it is to be noted that ultimately, if the
appellant fails then at that time the Court can consider the period
of gross delay while awarding cost of the litigation to the other
side.
(C.K.BUCH,
J.)
sompura
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