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2023 Supreme(Guj) 856

BIREN VAISHNAV
Amreli Municipality – Appellant
Versus
Dinesh Karsan Solanki Ex-Daily Wager Octroi Nakedar – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Y.V. Shah.
For the Respondent: Abha B. Makwana.

JUDGMENT :

BIREN VAISHNAV, J.

1. The record indicates that on 19.09.2017, this Court (Coram: Hon’ble Smt. Justice Abhilasha Kumari) passed the following order:

    “The petition has been called out thrice.

None appears for the petitioner even on the third call. The petition could have been dismissed for non-prosecution. However, in the interest of justice, it is adjourned to 03.10.2017.”

2. On 12.12.2017, this Court (Coram: Hon’ble Mr. Justice Mohinder Pal) passed the following order:

    “Nobody is present on behalf of the petitioner. In the interest of justice, matter is adjourned to 28th December, 2017.”

3. On 10.01.2023, this Court (Coram: Hon’ble Mr. Justice Aniruddha P. Mayee) passed the following order:

    “Even on the second call in the second session, none appears for the petitioner. Dismissed for non-prosecution.”

4. On 18.04.2023, this Court (Coram: Hon’ble Mr. Justice Aniruddha P. Mayee) passed the following order:

    “Even on the second call in the second session, none appears. Dismissed for non-prosecution.”

5. However, the petition was thereafter restored vide an order dated 17.07.2023. Today also, on two calls, the petitioner - Amreli Municipality has gone unrepresented.

6. Ms. Abha Makwana

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