Gujarat High Court
Shivalik (Aambali) Co Op Housing ... vs State Of Gujarat & on 11 September, 2013
Author: Ravi R.Tripathi
Bench: Ravi R.Tripathi
SHIVALIK (AAMBALI) CO OP HOUSING SOCIETY - THROUGH SECRETARY....Applicant(s)V/SSTATE OF GUJARAT C/CA/8372/2013 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 8372 of 2013 In MISC.CIVIL APPLICATION (STAMP NUMBER) NO. 1698 of 2013 In SPECIAL CIVIL APPLICATION NO. 13965 of 2007 ================================================================ SHIVALIK (AAMBALI) CO OP HOUSING SOCIETY - THROUGH SECRETARY....Applicant(s) Versus STATE OF GUJARAT & 17....Respondent(s) ================================================================ Appearance: MS ARCHANA R ACHARYA, ADVOCATE for the Applicant(s) No. 1 MR HARSHEEL SHUKLA AGP for the Respondent(s) No. 1 - 8 MR MEHUL SHARAD SHAH, ADVOCATE for the Respondent(s) No. 3 - 7 MR PARTHIV B SHAH, ADVOCATE for the Respondent(s) No. 10 - 18 RULE SERVED BY DS for the Respondent(s) No. 2 , 9 ================================================================ CORAM: HONOURABLE MR.JUSTICE RAVI R.TRIPATHI Date : 11/09/2013 ORAL ORDER
1. Present Civil Application is filed seeking condonation of delay of 1770 days in filing Misc. Civil Application (for review).
2. Heard learned advocate, Ms.Archana Acharya, for the applicant.
3. Learned advocate invited the attention of the Court to the fact that the order which the applicant seeks to be considered for review is dated 11.8.2008. The said order was challenged by applicant in filing Letters Patent Appeal being No. 537 of 2010. In that Letters Patent Appeal, the request was made to permit the applicant to withdraw the Letters Patent Appeal with a view to file review application before the learned Single Judge. That permission was granted by the Division Bench and the Letters Patent Appeal was disposed of as withdrawn on 11.7.2013. The MCA (for review) is filed on 16.7.2013. Thus, the delay of 1770 days is technical delay. In fact after the Division Bench permitted the applicant to withdraw the Letters Patent Appeal on 11.7.2013, the Misc. Civil Application was filed at the earliest on 16.7.2013.
Rule was issued and made returnable on 23.8.2013.
Learned advocate Mr.Mehul Sharad Shah has filed his appearance for respondent Nos. 3 to 7, learned AGP, Mr.Harsheel Shukla, has filed his appearance for respondent Nos. 1 and 8 and Mr. Parthiv Shah has filed his appearance for respondent Nos. 10 to 18. Respondent Nos.2 and 9 though served but nobody appears.
For the contents of the application, the same is allowed. Delay is condoned. Rule made absolute.
7. On a request made by learned advocate,Ms.Archana Acharya, Registry is directed to notify MCA (St.) 1698 of 2013 for hearing tomorrow after giving pakka number.
(RAVI R.TRIPATHI, J.) ashish Page 3 of 3