(Per : HONOURABLE MR.JUSTICE D.H.WAGHELA) The application is made to restore the Letters Patent Appeal, which was dismissed on 20th September 2011 on account of failure to remove defects and office objections. Learned counsel, Ms.Avani Thaker, pointed out from the record that on the day the Letters Patent Appeal was listed for removal of office objections name of learned counsel appearing for the appellant in Letters Patent Appeal was not mentioned in the cause list but by some accidental error name of another advocate was shown. Therefore, learned counsel could not attend the matter and remove the office objections or seek time for that purpose. Under the circumstances, the application is required to be allowed. Accordingly, it is allowed with the direction that original Letters Patent Appeal (Stamp) No.1162 of 2011 shall stand restored to the file and the appellant is granted time upto 3rd February 2012 to remove the defects and office objections. If the appellant still fails to remove the office objections, the Letters Patent Appeal shall again stand dismissed for default without requiring listing or further orders.
(D.H.Waghela, J.) (N.V.Anjaria, J.) *malek Top