OSWAL WELFARE SOCIETYversusVIRAM CO OP HOUSING SOICEYT LIMITED
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- C DOSHI
Holding
The delay in filing the restoration application is condoned and the main civil matter is restored to its original file.
Summary
The Oswal Welfare Society filed an application seeking condonation of delay for filing a restoration application concerning a main civil suit. The High Court examined the averments and facts presented, and determined that the delay was justified. Consequently, the court condoned the delay and ordered that the main matter be restored to its original file. The court also imposed a cost of Rs.10,000 to be deposited with the Advocates Law Library within fifteen days. The order was signed by Justice J.C. Doshi and the Principal Private Secretary of the High Court.
Issues considered
- Whether the delay in filing the restoration application can be condoned under the Civil Procedure Code
- Whether the main civil matter can be restored to its original file upon condonation of delay
Subjects
Judgment
C/CA/3525/2026 ORDER DATED: 17/08/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 3525 of
2026
In R/MISC. CIVIL APPLICATION/2074/2026
In R/FIRST APPEAL/3665/2010
With
R/MISC. CIVIL APPLICATION NO. 2074 of 2026
In
R/FIRST APPEAL NO. 3665 of 2010
==========================================================
OSWAL WELFARE SOCIETY
Versus
VIRAM CO OP HOUSING SOICEYT LIMITED & ORS.
==========================================================
Appearance:
MR RS SANJANWALA, SR. ADVOCATE with MR DILIP L KANOJIYA(3691)
for the Applicant(s) No. 1
MS DHARITRI PANCHOLI, AGP for the Respondent(s) No. 5
MR IRSHADAHMAD B MEV(2551) for the Respondent(s) No. 1,2,3
MRS KALPANA K RAVAL(1046) for the Respondent(s) No. 4
==========================================================
CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 17/08/2026
IA ORDER IN DELAY CONDONATION APPLICATION
Considering the averments made in the application, the
same is allowed and delay caused in preferring restoration
Application stands condoned.
IA ORDER IN RESTORATION APPLICATION
Considering the facts stated in the application, present
Application is required to be allowed and the same is allowed
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C/CA/3525/2026 ORDER DATED: 17/08/2026
and main matter is restored to its original file on condition to
pay cost of Rs.10,000/- to be deposited with the Gujarat High
Court Advocates Law Library, High Court of Gujarat, within 15
days from today.
(J. C. DOSHI,J)
SHEKHAR P. BARVE
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SHEKHAR PRAFULBHAI BARVE(HC00200), Principal Pvt. Secretary, at High Court of Gujarat on 17/08/2026 14:30:46
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