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2022 Supreme(Guj) 371

ASHOKKUMAR C.JOSHI
INDIAN HUME PIPE COMPANY LTD. – Appellant
Versus
GUJARAT INDUSTRIAL DEVELOPMENT CORPORATION – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: G.T. DAYANI.
For the Respondents: CHINMAY M. GANDHI, M.B. GANDHI.

JUDGMENT :

ASHOKKUMAR C. JOSHI, J.

1. Rule.

2. These petitions, under Article 227 of the Constitution of India, have been filed by the petitioner against a common judgment and order dated 18.04.2018 passed vide Exh.22 in Misc. Civil Application Nos. 172 and 178 of 2016 by the learned Principal Judge, City Civil Court, Ahmedabad. By the said applications, the respondent No. 1 herein had prayed for to restore Misc. Civil Application Nos. 79 and 78 of 2004, which were dismissed for default by orders dated 12.02.2013.

3. Heard, learned advocate Mr. G.T. Dayani for the petitioner and learned advocate Mr. Chinmay Gandhi for the respondent No. 1. Notice is duly served upon respondent No. 2.

4. The learned advocate for the petitioner, with all vehemence at his command, submitted that the impugned common judgment and order passed by the learned City Civil Judge is illegal, perverse and arbitrary inasmuch as the restoration applications in question were filed beyond time limit and on totally misstatement and false allegations. He submitted that only because the respondent No. 1 is a governmen

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