Dahiben W/ vs Arvind Gar

Dahiben W/O Manibhai Punjabhai Vs Arvind Garment Park Pvt Ltd Authorised Signatury-Jayesh Narayandas Thakkar

Case Details

Case Type	CMA SC
Filing Number	50/2018
Registration Number	50/2018
Filing Date	10-04-2018
Registration Date	10-04-2018

First Hearing Date	11th April 2018
Decision Date	11th April 2018
Case Status	Case Disposed
Court Number and Judge	22-8Th Addl. Sr. Civil Judge & A.C.J.M.;
Nature of Disposal	Uncontested--Allowed;

Petitioners & Respondents

Petitioner

Dahiben W/O Manibhai Punjabhai, Jagdishbhai Manibhai, Vinubhai Ranchodbhai Patel Power Of Atterny Of Show more..

Petitioner Advocate

K.C.Trivedi;

Respondent Name

Arvind Garment Park Pvt Ltd Authorised SignaturyJayesh Narayandas Thakkar;

Order Details

Order not found.

Final Order Judgement

Order Date

11-04-2018

Civil Misc. Appl. 50 of 2018 Order below Exh.1 1. Heard Learned Advocates on behalf of the respective parties. Perused the present application and the documents produced alongwith the present application and the endorsement on behalf Advocate for the opponent -original defendant. The present application is filed for restoration of the Regular Civil Suit No. 387 of 2015 by condoning delay. 2. It was submitted on behalf of the applicants that the RCS 387 of 2015 and Spl.C.S. No. 297/2014 were consolidated and were pending before the same court but subsequently both the suit were transferred in two different Courts and the main suit being Spl.C.S. No. 297/2014 was pending before another court and the Advocate for the plaintiffs was under that impression that RCS No. 387/15 was also tagged with Spl.C.S. No. 297/14 and hence he was not aware that RCS No. 387/15 was pending before this Court and hence he could not remain present and hence RCS no. 387/15 was dismissed for default vide order dated 21.12.2007. It was also submitted that the applicants became aware about the above order on 1.3.2018 and applied for certified on 5.3.2018 and the certified copies were ready on 14.3.2018 and this application is filed on 10.4.2018. Hence it was submitted that the delay may be condoned in preferring this restoration application. On the other side it was submitted on behalf of the opponent that he does not have any objection if the delay is condoned and the suit is restored. 3. Non have taken any objection. Looking to the endorsement made on behalf of the opponent, it appears that the opponent -original defendant does not have any objection if the delay is condoned and the suit is restored. In view of the above facts and circumstances, there is sufficient cause to condoned the delay and to restore this suit and hence the present application deserves to be allowed and the delay is required to be condoned and the suit is required to be restored in the interest of justice and hence following order is passed :- O R D E R The present application is allowed to the extent that the delay is condoned and the Regular Civil Suit No. 387 2015 is hereby ordered to be restored. The next date of the RCS No. 387/15 is fixed on 7.5.2018. 11.4.2018 (Parimal Parsottambhai Patel) 6th Addl. Sr. Civil Judge, Gandhinagar Judge Code : GJ00942

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Frequently Asked Questions

The Petitioner in case Dahiben W/O Manibhai Punjabhai vs Arvind Garment Park Pvt Ltd Authorised Signatury-Jayesh Narayandas Thakkar is Dahiben W/O Manibhai Punjabhai and 3 more.

The Respondent in case Dahiben W/O Manibhai Punjabhai vs Arvind Garment Park Pvt Ltd Authorised Signatury-Jayesh Narayandas Thakkar is Arvind Garment Park Pvt Ltd Authorised Signatury-Jayesh Narayandas Thakkar.

The case against Arvind Garment Park Pvt Ltd Authorised Signatury-Jayesh Narayandas Thakkarwas filed on 10-04-2018 by Dahiben W/O Manibhai Punjabhai.

The status of case Dahiben W/O Manibhai Punjabhai against Arvind Garment Park Pvt Ltd Authorised Signatury-Jayesh Narayandas Thakkar is Case Disposed.