Gujarat High Court
Greentose Pvt Ltd vs Gujarat Narmada Valley Fertilizers Co ... on 29 April, 2014
Author: N.V.Anjaria
Bench: N.V.Anjaria
C/MCA/1122/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL APPLICATION (FOR RESTORATION) NO. 1122 of 2014
In SECOND APPEAL NO. 154 of 2013
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GREENTOSE PVT LTD....Applicant(s)
Versus
GUJARAT NARMADA VALLEY FERTILIZERS CO LTD....Opponent(s)
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Appearance:
MR PATHIK M ACHARYA, ADVOCATE for the Applicant(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE N.V.ANJARIA
Date : 29/04/2014
ORAL ORDER
This is a successive application for restoration of the Second Appeal No. 154 of 2013. Initially, the Second Appeal came to be dismissed on the ground of non removal of office objection as per the order dated 29th July, 2013. Thereupon, MCA No. 2316 of 2013 was filed for restoration, in which this court on 14th October, 2013, passed the following order.
"Since Second Appeal No.154 of 2013 came to be dismissed for non-removal of office objections within the time permitted in the order dated 29th July, 2013, this application for restoration of the appeal is filed.
Considering the submissions of learned advocate Mr.Pathik M. Acharya and the averments made in the application, that the main office objection was with regard to non-payment of court fees, which would not be complied with by observing time limit provided in the order. It was submitted that now the applicant is in position to comply with the order with the time, which may be granted by Page 1 of 3 C/MCA/1122/2014 ORDER the Court.
Accordingly, Second Appeal is ordered to be restored to files on the condition that whatever office objections are left out from being removed, including payment of court fees, shall be removed within a period of one week from today. Application is allowed in aforesaid terms."
2. It appears that all the office objections were not removed even after the aforesaid order dated 14.10.2013. Consequently, the second appeal stood dismissed for the same reason again.
3. Learned advocate Mr. Pathik Acharya submitted that the objection regarding court fee was met with by paying requisite court fee, but office indicated yet another objection about supplying of certified copy of the trial court's judgment. Since it was not available, the matter came to be dismissed once again. It was urged that the certified copy could not be immediately obtained because of Dewali vacation. Learned advocate for the petitioner approached the petitioner who was in Mumbai and asked him to urgently send the certified copy. The time elapsed in the process.
4. Learned advocate stated that now he has got the certified copy and is in position to remove all the office objections required to be removed within the time which may be granted by this court .
5. In the facts and circumstances of the case and looking to the above consideration, the second appeal No. 154 of 2013 is ordered to be restored to files on condition that the applicant shall remove all the remaining office objections and on further condition that the applicant shall pay Rs. 750/- by way of cost to be paid to the Gujarat High Court Advocate Library on or before 5.5.2014. The Page 2 of 3 C/MCA/1122/2014 ORDER receipt of payment of cost shall be produced before the Registry.
6. The application is allowed in the aforesaid terms.
(N.V.ANJARIA, J.) cmjoshi Page 3 of 3