GAURNAGBHAI RAMESHBHAI VASANI Versus ADMINISTRATOR OF M/S NILKANTH INDUSTRIES ========================================================== Appearance:
MR. VISHAL P THAKKER for the PETITIONER(s) No. for the RESPONDENT(s) No. ========================================================== CORAM: HONOURABLE MR.JUSTICE N.V.ANJARIA Date : 07/01/2020 IA ORDER Heard learned advocate Mr. Vishal Thakkar for the applicant.
2. It appears that by virtue of order dated 03.02.2017 passed in First Appeal No.694 of 2017, the Appeal stood dismissed on the ground of non removal of office objections within the time stipulated in the said order.
3. In this application while seeking restoration of the Appeal it was stated on oath that the learned advocate of the applicant could not contact the applicant for obtaining necessary instructions as also regarding Court fees to be paid in the First Appeal. It was due to lack of contact and communication that the time elapsed within which the office objections were to be removed.
4. Learned advocate for the applicant submitted that the appellant is now in a position to remove all the office objections which are left out to be removed in the Appeal including the Page 1 of 2 Downloaded on : Thu Jan 09 21:40:07 IST 2020 C/FA/694/2017 IA ORDER payment of Court fees and will be met with within the time which may be now permitted by the Court.
5. In the aforesaid view, First Appeal No.694 of 2017 is restored to its original file on condition that whatever office objections are left out from being removed shall now be removed, including the payment of Court fees within a period of 10 days from today, failing which the Appeal shall stand dismissed automatically without reference to or order of the Court.
The application is allowed as above.
(N.V.ANJARIA, J) Manshi Page 2 of 2 Downloaded on : Thu Jan 09 21:40:07 IST 2020