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Received on : 18.08.2017
Registered on : 18.08.2017
Decided on : 27.10.2017
Duration : Y M D
In the Court of the Hon'ble Principal Senior Civil Judge
Panchmahals at Halol
Civil Misc. Appln. No. 43 of 2017
Applicant : Madya Gujarat Vij Co. Ltd.
Versus
Opponents :
1. Dhatu Forge Ltd.
2. Shri Navendrakumar Radheshyam Misrty
Application of Restoration of Sp.C.S.171/2000
The present application filed by the applicant, to restore
the Sp.C.S. 171/2000. The facts of the case is that the
Sp.C.S. 171/2000 filed by the applicant before Hon'ble
Principal Senior Civil Judge Court, Godhra but on account of
absent of applicant, the Sp.C.S. 171/2000 is dismissed for
default by the Hon'ble Court on 22.11.2010. As per the
provision of Limitation Act, within 30 days the application to
re-open the suit would be file, but the applicant has not filed
the application within limitation but C.M.A. 15/2013 has been
allowed for condonation of delay.
Heard the Ld. Advocate for the applicant. Read this
application and papers on record. The present application has been
given by the plaintiff for restoration the Sp.C.S. 171/2000. The
Sp.C.S. 171/2000 dismissed on 22.11.2010. The Opponents have not
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raised any objection in this application to restore the suit.case
Looking to the facts of the case on hand, I am of the view
that the reasons shown by the applicant seems to be genuine and are
sufficient enough to restore the Sp.C.S. 171/2000. Under the
circumstances, in the interest of Justice, I pass the following order.
ORDER
This application is allowed.
Order for dismissal of the Sp.C.S. 171/2000 is set aside and it
is hereby ordered to restore the Sp.C.S. 171/2000 on file for further
hearing.
Applicant has directed to proceed the matter without delay.
No order as to costs.
Pronounced and signed in the open Court today
on 27th, October, 2017
Date : 27.10.2017.
Place : Halol
(Paresh Bhogilal Nayak)
Principal Sr. Civil Judge
Panchmahals, Halol
Code No. GJ00874
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