1. Heard Mr. Soni, learned Advocate for the applicant-petitioner.
2. The applicant has taken out present application seeking below mentioned relief:
"6(B) Your Lordships may be pleased to set aside the order dated 2nd of July, 2012 passed in the above mentioned Special Civil Application No.6979 of 2012 for dismiss for default of non prosecution and Special Civil Application No.6979 of 2012 may be restored in the interest of justice."
3. Mr.
Shah, learned A.G.P. has appeared for respondent, upon advance service of copy of the application.
4. Rule returnable forthwith.
5. At the request of learned Advocate for applicant and with consent of learned A.G.P., application is taken up for hearing today.
6. The applicant has satisfactorily explained the absence at the time of hearing. Sufficient cause is made out. Therefore, the relief prayed for in para 6(B) is granted. The application is, accordingly, allowed. Rule is made absolute to the aforesaid extent.
7. The office is directed to restore the petition being Special Civil Application No.6979 of 2012 to its original file. The petition may be listed for hearing in due course before the appropriate court.
(K.M.THAKER, J.) jani Top