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2017 Supreme(Guj) 1728

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R. Subhash Reddy, Vipul M. Pancholi, JJ.
Harshad N. Dave - Applicants
Vs.
The Regional Manager - Respondents
Civil Application (For Condonation of Delay) No. 15206 of 2017 In Misc. Civil Application (Stamp Number) No. 3226 of 2017 In Misc. Civil Application No. 858 of 2017 In Misc. Civil Application (Stamp Number) No. 465 of 2016 In Letters Patent Appeal No. 242 of 2012 In Special Civil Application No. 18493 of 2011
Decided On : 27-11-2017

Advocates Appeared:
For the Applicants : Mr. Amit R. Joshi
For the Respondents: Nanavati Associates

Headnote:

Civil Application – Filed praying delay of days caused in preferring Miscellaneous Civil Application for restoration of Miscellaneous Civil Application in Letters Patent Appeal –At first instance office objections were not removed, this matter was placed on board date the time was granted upto for removing objections by imposing a default clause – Objections were not removed within time appeal was dismissed – Subsequently, Miscellaneous Civil Application for restoration bearing was filed which was allowed by order by granting further one week time for removal of objections – Held, Learned counsel for applicant and also learned counsel for respondent-bank – Applications are not seriously opposed – Further, looking at reasons stated in application deem it appropriate that this is a fit case to condone delay and allow application for restoration – Application is allowed.

ORDER :

R. SUBHASH REDDY, J.

Civil Application No. 15206 of 2017 is filed praying for condonation of delay of 212 days caused in preferring Miscellaneous Civil Application (Stamp) No. 3226 of 2017 for restoration of Miscellaneous Civil Application (stamp) No. 465 of 2016 in Letters Patent Appeal No. 242 of 2012.

2. At first instance, when the office objections were not removed, this matter was placed on board on 9.8.2016 on which date the time was granted upto 30.8.2016 for removing the objections by imposing a default clause. As the objections were not removed within the time, the appeal was dismissed. Subsequently, Miscellaneous Civil Application for restoration bearing No. 858 of 2017 was filed which was allowed by order dated 23.3.2017 by granting further one week time for removal of objections.

3. We have heard learned counsel for the applicant and also learned counsel for the respondent-bank. These applications are not seriously opposed. Further, looking at the reasons stated in the application, we deem it appropriate that this is a fit case to condone the delay and allow the application for restoration. Accordingly, both these applications are allowed. Delay is condoned. Consequently, Miscellaneous Civil Application (stamp) No. 3226 of 2017 is also allowed restoring Miscellaneous Civil Application (Stamp) No. 465 of 2016 in Letters Patent Appeal No. 242 of 2012. Further, one week time is granted to remove the office objections. It is made clear that if the objections are not removed within the time fixed by this Court, no further application can be entertained.


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