1. RULE.
Shri L.B. Dabhi, learned APP waives service of notice of rule on behalf of respondent no. 1, Shri Daxey Patel, learned advocate appearing on behalf of Shri B.M. Mangukiya, learned advocate waives service of notice of rule on behalf of respondent no. 3, Shri Manish Patel, learned advocate waives service of notice of rule on behalf of respondent no. 5 and Shri Manish Raval, learned advocate waives service of notice of rule on behalf of respondents nos. 6 to 8.
2. In the facts and circumstances of the case and with the consent of the learned advocates appearing on behalf of the respective parties, the present application is taken up for final hearing today.
3. The present application has been preferred by the applicants-original petitioners to restore the main Special Criminal Application, which came to be dismissed for non-prosecution vide order dated 30/11/2011.
4. Having heard the learned advocates appearing on behalf of the respective parties and so as to enable the applicants to give one additional chance to hear the case on merits and on an assurance given by Shri Bhargav Bhatt, learned advocate appearing on behalf of the applicants that as and when the petition is taken up for final hearing he will make himself available and argue out the case, the present application is allowed and Special Criminal Application No. 462/2000 is hereby ordered to be restored to file. Rule is made absolute accordingly.
5. Registry is directed to notify Special Criminal Application No. 462/2000 for final hearing on 06/02/2012.
(M.R.
SHAH, J.) siji Top