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CR.MA/13864/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 13864 of 2011
In
CRIMINAL
MISC.APPLICATION No. 9496 of 2011
In
CRIMINAL
MISC.APPLICATION No. 7090 of 2008
=========================================================
SHASHIKUMAR
MOHATA - PROP. INVESTOR'S CLUB - Applicant(s)
Versus
RAJIV
RATTAN & 2 - Respondent(s)
=========================================================
Appearance
:
MR
KAMLESH H SHAH for
Applicant(s) : 1,
None for Respondent(s) : 1 - 2.
MR HL JANI,
APP for Respondent(s) :
3,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 10/11/2011
ORAL ORDER
1. Present
application has been filed by the applicant for recalling of the
order passed by the Court (Coram: M.R.Shah, J.) dated 2.9.2011 by
which the main matter i.e. Criminal Misc. Application No.9496 of 2011
in Criminal Misc. Application No.7090 of 2008 has been dismissed for
non-prosecution.
2. Heard
learned advocate Mr. Shah for the applicant. In the facts and
circumstances of the case, considering the fact that he could not
remain present for personal reason, the present application deserves
to be allowed. As the party did not suffer for default of the lawyer,
the prayer in terms of Para 5(1) is granted. The order passed in
Criminal Misc. Application No.9496 of 2011 in Criminal Misc.
Application No.7090 of 2008 dated 2.9.2011 is hereby recalled by
which the aforesaid Criminal Misc. Application No.9496 of 2011 in
Criminal Misc. Application No.7090 of 2008 has been dismissed for
non-prosecution. Criminal Misc. Application No.9496 of 2011 in
Criminal Misc. Application No.7090 of 2008 is ordered to be restored
to file.
3. Rule
is made absolute in the above terms. Learned advocate shall carry out
the amendment within a week.
[RAJESH
H. SHUKLA, J.]
mrpandya
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