Supreme Court - Daily Orders
Nadiad Municipality vs The State Of Gujarat on 12 January, 2026
Author: Rajesh Bindal
Bench: Rajesh Bindal
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
M.A. No……….. of 2026
(MISCELLANEOUS APPLICATION (CIVIL)_DIARY NO.71516 OF 2025)
IA No.323197 of 2025 – FOR RESTORATION OF CIVIL APPEAL
IN
CIVIL APPEAL NO.565 OF 2016
NADIAD MUNICIPALITY ...Appellant
Vs.
THE STATE OF GUJARAT & ORS. ...Respondents
ORDER
1. The prayer made in the present application is for restoration of the appeal which was dismissed for non-prosecution on 10 th September, 2025.
2. Learned counsel for the applicant/appellant submitted that the earlier Advocate-on-Record for the applicant/appellant had been elevated to the Bench in the Gujarat High Court. Hence, the applicant/appellant lost track of the appeal.
3. Learned counsel for the non-applicants submitted that learned counsel was elevated to the Bench in the year 2021. Even on Signature Not Verified Digitally signed by merits, no case is made out to interfere with the impugned judgment of ANITA MALHOTRA Date: 2026.01.13 17:39:54 IST Reason: the High Court.
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4. Delay condoned.
5. After hearing learned senior counsel for the parties and considering the reasons assigned by the applicant/appellant in the application, in our opinion, order dated 10 th September, 2025 dismissing the appeal in default deserves to be recalled.
6. Ordered accordingly.
7. Miscellaneous Application stands disposed of.
8. The Civil Appeal is restored to its original number subject to deposit of cost of ₹50,000/- (Rupees fifty thousand only) by the applicant/appellant in the below mentioned bank account within four weeks from today:
Name of Fund Armed Forces Battle Casualties Welfare Fund Bank Name Canara Bank Branch South Block, Defence Headquarters, New Delhi – 110011 IFSC Code CNRB0019055 Account No. 90552010165915
9. The Registry is directed to forward a copy of this order on the following email id for information:
[email protected] 2
10. Considering the fact that the Special Leave Petition is of the year 2014 in which leave was granted in the year 2016, let the main appeal be listed for hearing on 11th February, 2026.
….............................J. (RAJESH BINDAL) ..…….......................J. (VIJAY BISHNOI) NEW DELHI;
January 12, 2026.
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ITEM NO.9 COURT NO.14 SECTION III-B
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
MISCELLANEOUS APPLICATION Diary No(s). 71516/2025 in C.A. No. 565/2016 NADIAD MUNICIPALITY Petitioner(s) VERSUS THE STATE OF GUJARAT & ORS. Respondent(s) (IA No. 336971/2025 - CONDONATION OF DELAY IN FILING IA No. 323197/2025 - RESTORATION) Date : 12-01-2026 This matter was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE RAJESH BINDAL HON'BLE MR. JUSTICE VIJAY BISHNOI For Petitioner(s) :
Mr. Bhavik Bhatt, Adv.
Mr. Md. Ali, AOR Ms. Chandni, Adv.
For Respondent(s) :
UPON hearing the counsel the Court made the following O R D E R Miscellaneous Application is disposed of in terms of the signed order.
Let the main appeal be listed for hearing on 11th February, 2026.
(ANITA MALHOTRA) (AKSHAY KUMAR BHORIA)
AR-CUM-PS COURT MASTER
(Signed order is placed on the file.) 4