1. Rule.
2. The applicant has taken out present application seeking below mentioned relief/s:-
"6(A) to restore the SCA No.3636 of 2012 on file (B) to pass any other order in interest of justice."
3. It is noticed that the applicant has come out with a prayer that order dated 20.4.2012 in SCA No.3636 of 2012 may be recalled and proceeding of SCA No.3636 of 2012 may be restored to its original file. It is noticed from the record that the said order dated 20.4.2012 was passed before passing any order directing issuance of Notice to the respondent. Therefore, at this stage there is no need to issue notice to the respondent before passing any order with reference to the request made in present application. Hence, application is taken up for hearing and decision today.
4. Heard Mr. Chudgar, learned advocate for Mr. Chudasama, learned advocate for the applicant and Mr. Shah, learned AGP.
5. Having regard to the explanation given in the application with reference to the absence of the petitioner / petitioner's advocate at the time when the petition was called for hearing, sufficient cause is made out. Therefore, order dated 20.4.2012 passed in SCA No.3636 of 2012 is recalled. The office is directed to restore the proceedings of SCA No.3636 of 2012 to its original file.
The application is accordingly allowed. Rule is made absolute to the aforesaid extent.
(K.M.THAKER,J.) Suresh* Top