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High Court of Gujarat

VARIYA CO.OPE.CREDIT SOCIETY LTDversusSTATE OF GUJARAT

Disposal
38-RULE ABSOLUTE/ALLOWED @ FH

Holding

The court allowed the application for restoration, directing the registry to restore the matter to its original file.

Summary

The petitioner, Variya Co-operative Credit Society Ltd, filed a criminal miscellaneous application seeking recall and restoration of a criminal appeal (R/Criminal Appeal/120/2015) after an order of the Sessions Court. The respondent, State of Gujarat, opposed the application. The High Court considered the submissions of counsel and the averments made in the application. The Court held that the order of the Sessions Court could be recalled and the matter restored to its original file. Accordingly, the application was allowed and the registry was directed to restore the case with all attached orders. The application was then disposed.

Issues considered

  • Whether the order passed by the learned Sessions Court can be recalled and the criminal appeal restored to the original file

Subjects

recallrestorationcriminal appealhigh courtprocedure

Judgment

      R/CR.MA/17100/2026                                                                ORDER DATED: 11/08/2026




                 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

        R/CRIMINAL MISC.APPLICATION (RECALL) NO. 17100 of 2026

                                  In R/CRIMINAL APPEAL/120/2015

==========================================================
                            VARIYA CO.OPE.CREDIT SOCIETY LTD
                                         Versus
                                STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MR KAMLESH S KOTAI(6150) for the Applicant(s) No. 1
MR NIRAJ SHARMA, APP for the Respondent(s) No. 1
==========================================================

  CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

                                                Date : 11/08/2026

                                                  ORAL ORDER


                     This is an application for restoration.

                     Considering the submissions made by the learned

advocate            for       the        applicant             as       well        as       considering               the

averments made in this application, the prayer made in this

application is allowed, as the order impugned is passed by

the learned Sessions Court.

                     Registry to restore the matter, as prayed for, on

its original file, with all attached orders, if any.

                     Accordingly, this application is disposed of.



                                                                                    (SANJEEV J.THAKER,J)
M.H. DAVE/23

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MAHESHKUMAR HASMUKHLAL DAVE(HC00193), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 11/08/2026 14:17:37




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