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Gujarat High Court

Nareshbhai Arsibhai Ahir(Kavad) vs State Of Gujarat & 2....Opponent(S) on 3 February, 2015

Author: K.M.Thaker

Bench: K.M.Thaker

            C/MCA/288/2015                                    ORDER




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     MISC. CIVIL APPLICATION (FOR RESTORATION) NO. 288 of 2015

            In SPECIAL CIVIL APPLICATION NO. 11036 of 2014

================================================================
             NARESHBHAI ARSIBHAI AHIR(KAVAD)....Applicant(s)
                              Versus
                 STATE OF GUJARAT & 2....Opponent(s)
================================================================
Appearance:
MR. RADHESH Y VYAS, ADVOCATE for the Applicant(s) No. 1
MR.BHARGAV PANDYA, ASSISTANT GOVERNMENT PLEADER for the
Opponent(s) No. 1
================================================================

         CORAM: HONOURABLE MR.JUSTICE K.M.THAKER

                               Date : 03/02/2015


                                ORAL ORDER

1. Heard Mr.Vyas, learned advocate for the applicant and Ms.Pandya, learned advocate for the respondent-State.

2. In view of the relief prayed for in the application and the submissions made by the learned advocate for the applicant, RULE.

3. Mr.Pandya, Learned Assistant Government Page 1 of 3 C/MCA/288/2015 ORDER Pleader has waived of RULE for the respondent- State.

4. At the request of learned advocate for the applicant and with the consent of learned AGP for the respondent-State, RULE is made returnable forthwith and application is taken up for final order today.

5. In present application, the applicant has prayed, inter alia, that:-

9

" (B). Your Lordships may be pleased to restore above referred Special Civil Application No. 11036 of 2014 in the interest of justice."

6. Having regard to the details mentioned in the application and submissions made by learned advocate for the applicant, it has emerged that the applicant has made out sufficient ground to accept the request and to grant the relief prayed for in present application to restore the main petition to its original file.

Page 2 of 3 C/MCA/288/2015 ORDER

7. Learned AGP also declared that he has no objection if the relief prayed for in the application is granted and the main petition is restored to its original file. Therefore, application is allowed in terms of Paragraph No.9(B). Office is directed to restore the petition being Special Civil Application No. 11036 of 2014 to its original file and status. Accordingly, application is allowed in terms of Paragraph No.9(B) of the application. Rule is made absolute to the aforesaid extent.

(K.M.THAKER, J.) Girish Page 3 of 3