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CA/12173/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION No. 12173 of 2009
In
MISC.CIVIL
APPLICATION (STAMP NUMBER) No. 2028 of 2009
In
SPECIAL CIVIL APPLICATION No. 14138 of 2008
With
MISC.CIVIL
APPLICATION (STAMP NUMBER) No. 2028 of 2009
In
SPECIAL CIVIL APPLICATION No. 14138 of 2008
=========================================================
UKABHAI
GOVINDBHAI BARAD - Petitioner(s)
Versus
BILESHWAR
SAHKARI MANDALI LTD - Respondent(s)
=========================================================
Appearance :
MR
AY KOGJE for
Petitioner(s) : 1,
NOTICE SERVED for Respondent(s) : 1,
MR
ASHISH H SHAH for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
Date
: 22/02/2010
ORAL
ORDER
1. The
learned counsel for the applicant-petitioner states that the
applicant would be ready to proceed with the main Special Civil
Application if the main Special Civil Application is restored.
Considering the facts and circumstances, it appears that there is
delay of 183 days in preferring the application for restoration. Even
if the lenient view is taken on the aspect of delay, appropriate cost
deserves to be awarded to the respondent-opponent for delay on the
part of the applicant in not preferring the application well in time.
Hence, the appropriate cost would be Rs. 2,500/-.
2. Hence,
the main Special Civil Application No. 14138 of 2008 shall stand
restored on condition that the applicant pays the cost of Rs. 2,500/-
to the respondent. As the amount of Rs. 1,000/- is already deposited
pursuant to the order dated 01.12.2009, applicant will be required to
deposit the amount of Rs. 1,500/- more with this Court, which will be
deposited within two weeks from today.
3. After
the amount of cost is deposited, the applicant shall be at the
liberty to move for hearing of the main S.C.A. on merits. The
respondent-opponent shall be at the liberty to withdraw the amount of
cost.
4. Both
the applications are disposed of accordingly.
[JAYANT
PATEL, J.]
jani
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