Kisorbhai Batukbhai Madaliya vs Yakubbhai Allarakha Dalvali

KISORBHAI BATUKBHAI MADALIYA Versus YAKUBBHAI ALLARAKHA DALVALI ========================================================== Appearance:

MR TUSHAR L SHETH for the PETITIONER(s) No. for the RESPONDENT(s) No. ========================================================== CORAM: HONOURABLE MR.JUSTICE B.N. KARIA Date : 25/02/2019 IA ORDER The present applicant has prayed for following relief in para 11(a) and 11(b) of the application;

(a) Your Lordships be pleased to allow this application;

(b) Your Lordships be pleased to recall the order dated 13.03.2018 passed in Civil Application No. 2 of 2018 with MCA 1/2018 in XOBJ 101/2016 in FA 265/2016 and be pleased to order restoration of Civil Application No. 8925 of 2016.

Heard learned advocate for the applicant. He has submitted that Civil Application No. 8925 of 2016 was dismissed for default for non removal of office objections vide Page 1 of 3 C/X-OBJ/101/2016 IA ORDER order dated 20th September 2016. It is further submitted that main office objection was in respect of filing of Vakalatnama. That, learned advocate has filed his appearance note on 31.08.2016 at the time of filing of cross objection on lost site to file vakalatnama of the applicant. That, learned advocate appearing for the applicant was under the impression that all office objections were removed, and thereafter, he came to know about the fact that the matter was dismissed for non removal of office objections in the second week of December. As the application for condonation of delay was allowed on 13th March 2018 in Civil Application No. 2 of 2018 with MCA No. 1 of 2018 and Civil Application No. 8925 of 2016 came to be restored to file. Hence, it was requested by learned advocate for the applicant to recall the order dated 13th March 2018 passed in Civil Application No. 2 of 2018 with MCA 1/2018 in XOBJ 101/2016 in FA 265/2016 by restoring Civil Application No. 8925 of 2016.

Having considered the facts of the case and submissions made by learned advocate for the applicants and perused the order passed by this Court on 13.03.2018, wherein it was ordered to remove office objections within a period of one Page 2 of 3 C/X-OBJ/101/2016 IA ORDER week from passing of the order, failing which, application shall stand dismissed for non prosecution without reference to the Court, it appears that order was passed on 13th March 2018 and the present applicant has preferred this application by executing the affidavit on 6th July 2018. It further appears that there was some neglignece on the part of the applicant . An opportunity to contest this appeal should be given to the applicant on merits, and therefore, prayer made by the applicant in this application is hereby granted with a direction to deposit Rs. 1000/- before the office of the High Court Legal Services Committee, Gujarat High Court, Ahmedabad within a period of one week from today.

With this observation, present application stands allowed and Civil Application No. 8925 of 2016 is ordered to be restored to its file.

(B.N. KARIA, J) K. S. DARJI Page 3 of 3