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Gujarat High Court

Nasik Merchants' Co-Operative Bank Ltd vs State Of Gujarat & on 17 July, 2017

Author: A.J.Desai

Bench: A.J.Desai

                 R/CR.MA/9505/2017                                             ORDER




                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

         CRIMINAL MISC.APPLICATION (FOR RESTORATION) NO. 9505 of 2017

                    In CRIMINAL MISC.APPLICATION NO. 33603 of 2016

         ================================================================
              NASIK MERCHANTS' CO-OPERATIVE BANK LTD.....Applicant(s)
                                    Versus
                      STATE OF GUJARAT & 1....Respondent(s)
         ================================================================
         Appearance:
         MR AJAY S JAGIRDAR, ADVOCATE for the Applicant(s) No. 1
         MR. L.B. DABHI, ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1
         ================================================================

          CORAM: HONOURABLE MR.JUSTICE A.J.DESAI

                                     Date : 17/07/2017


                                      ORAL ORDER

1. Heard Mr. Ajay S. Jagirdar, learned advocate for the appellant.

2. It is averred in paragraph No.2 of the application that the office objection could not be removed due to bona fide mistake as the objection of providing certified copy or order could not be complied with in time, which resulted into the captioned application being dismissed for non prosecution. The applicant filed CR.M.A. For restoration but in the meantime the period of limitation for preferring the said application for restoration got expired.




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HC-NIC                                 Page 1 of 2      Created On Sun Aug 20 21:12:23 IST 2017
                      R/CR.MA/9505/2017                                           ORDER



3. I am of the view that in view of the reasons stated in present application, the petition which is dismissed for non removal of office objection needs to be restored. For the foregoing reasons, the present application is allowed. Criminal Misc. Application No.33603 of 2016 is restored to its original file. The office objections are directed to be removed within a period of two weeks from today.

(A.J.DESAI, J.) PALLAVI Page 2 of 2 HC-NIC Page 2 of 2 Created On Sun Aug 20 21:12:23 IST 2017