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MCA/562/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION No. 562 of 2010
In
STAMP
NUMBER (SPL.C.A.) No. 10813 of 2009
======================================
THAKOR
BHIKHAJI VARSANGJI
Versus
STATE
OF GUJARAT AND OTHERS
======================================
Appearance
:
MR NIRAD D BUCH for
Applicant.
None for
Opponents.
======================================
CORAM
:
HONOURABLE
MR.JUSTICE D.H.WAGHELA
Date
: 09/03/2010
ORAL
ORDER
1. Although
the grounds stated in the application hardly inspire any confidence
and even as the matter was listed before the Court and an express
order dated 19.1.2010 was made permitting the petitioner to remove
office objections on or before 4.2.2010, the petitioner has prayed to
restore the Special Civil Application, which could not be even
registered on account of several office objections. It is surprising
that the petition would be first prepared and submitted in August
2009, without essential Court fees or index and list of events and
without certified copies of the documents, and then despite several
opportunities, the office objections could not be removed. The way
the litigation is sought to be initiated and handled clearly causes
unnecessary paper work, listing of the matter, attendance of the
office, waste of stationery and waste of public time of the Court
mainly on account of neglect of the litigation after filing improper
or incomplete bunch of papers in the office. Ultimately,
discretionary relief is sought on the ground of sympathy and with an
inexhaustible stock of apologies, and the Courts usually acquiesce in
such a waste of time and resources for and in the name of larger
interest of justice. It is high time that such neglect either on the
part of the petitioner or clerk of the learned advocate concerned or
the learned advocate himself is properly dealt with to prevent
recurrence of such practices.
2. Under
above circumstances, the application is allowed with the direction
that the applicant may be permitted to remove office objections
within a period of one week, i.e. on or before 16th March
2010, and if the office objections are so removed, restore original
Special Civil Application entered as SCA (Stamp) No.10813 of 2009, on
further condition of paying Rs.250/- with the Legal Services
Authority, Ahmedabad.
(D.H.Waghela,
J.)
*malek
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