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Gujarat High Court · body

2017 DIGILAW 1810 (GUJ)

Harshad N. Dave v. Regional Manager

2017-11-27

R.SUBHASH REDDY, VIPUL M.PANCHOLI

body2017
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.