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MCA/502/2010 2/ 2 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION - FOR RESTORATION No. 502 of 2010
In
SPECIAL
CIVIL APPLICATION No. 13949 of 2009
For
Approval and Signature:
HONOURABLE
MR.JUSTICE M.R. SHAH
=========================================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To be
referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge ?
=========================================================
VANKAR
VIRSINH KHUSHALBHAI - Applicant(s)
Versus
COLLECTOR
& 1 - Opponent(s)
=========================================================
Appearance
:
MR
JV JAPEE for
Applicant
MR M.R. MENGDE, ASST.GOVERNMENT PLEADER for
Opponents
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 26/02/2010
ORAL
JUDGMENT
RULE.
Mr.M.R. Mengde, learned Assistant Government Pleader waives the
service of notice of rule on behalf of the opponents.
Present
application has been preferred by the applicant original
petitioner to restore the main Special
Civil Application
which came to be dismissed for non-prosecution vide order
dtd.29/2/2010, as though the matter was called out twice on that day
the learned advocate appearing on behalf of the petitioner
remained absent.
Having
heard the learned advocates appearing on behalf of the respective
parties and considering the averments in the application and subject
to payment of cost, which is quantified at Rs.1000=00 to be
deposited by the petitioners with the Registry of this Court
within a period of three weeks from today and on an assurance given
by Mr.Japee, learned advocate appearing on behalf of the applicant
original petitioner that
as and when in future the main Special
Civil Application is taken up for hearing, he will make
himself available and shall not ask for any adjournment, the
application is allowed. Special
Civil Application No. 13949 of 2009 is restored to file. On
deposit of aforesaid amount, registry to transmit the same to the
Gujarat High Court Legal Services Committee. If the aforesaid
amount of cost is not deposited within the stipulated time stated
hereinabove, present application be treated as having been
dismissed. Rule is made absolute to the aforesaid extent. No costs.
[M.R.
SHAH, J.]
rafik
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