(Per : HONOURABLE MR.JUSTICE R.M.CHHAYA)
1. Rule.
Ms. Pathak, learned Assistant Government Pleader appears and waives notice on behalf of opponents no. 1 and 2. With consent of the parties the application is taken up for final hearing forthwith.
2. By way of this application, the applicant has prayed for condonation of delay of 232 days in preferring Restoration Application which came to be dismissed for non prosecution.
3. Considering the facts stated in the application and further considering the fact that opponents do not oppose the condonation of delay of 232 days caused in preferring Misc. Civil Application for review of the order dated 28.1.2011 the delay deserves to be condoned. However, considering the fact that there is enormous delay of 232 days, even though the applicant has been able to establish the sufficient cause for delay occurred in filing of the present application, the delay deserves to be condoned on condition that the applicant shall deposit the amount of Rs.5,000/- (Rupees Five thousand only) in the Gujarat Advocates' Association Law Library within a period of seven days from today. The application is allowed accordingly. Rule made absolute to the aforesaid extent.
4. The Registry is directed to list the Restoration Application on 17.2.2012 after the applicant places on record the receipt of the aforesaid amount of cost having been paid as per this order.
Sd/-
(K.M.
Thaker, J.) Sd/-
(R.M.
Chhaya, J.) M.M.BHATT Top