SUDHIR ARVINDBHAI JOSHIversusSTATE OF GUJARAT
- Disposal
- 53-ALLOWED / GRANTED @ ADM.STAGE
- Bench
- MAULIK SHELAT
Holding
The court held that the Special Civil Application No. 15886 of 2017 is restored to its original file, and any interim relief in force at dismissal is revived.
Summary
The applicant, Sudhir Arvindbhai Joshi, filed a miscellaneous civil application seeking restoration of Special Civil Application No. 15886 of 2017, which had been dismissed. The opponents, the State of Gujarat and others, waived service of notice. The applicant assured the court that he would prosecute the matter if given an opportunity. The court, after hearing counsel, found the restoration application meritorious and ordered the rule to be made absolute, thereby restoring the original case to the file. Consequently, any interim relief that was in force at the time of dismissal was revived until the next listing. The order effectively reinstated the special civil application for further proceedings.
Issues considered
- Whether a dismissed Special Civil Application can be restored to the court's file under the procedural rules.
- Whether the court may make the rule absolute to effect restoration.
- Whether interim relief operative at the time of dismissal revives upon restoration.
Subjects
Judgment
C/MCA/3077/2025 ORDER DATED: 08/01/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/MISC. CIVIL APPLICATION (FOR RESTORATION) NO. 3077 of 2025
In R/SPECIAL CIVIL APPLICATION/15886/2017
==========================================================
SUDHIR ARVINDBHAI JOSHI
Versus
STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MR. HARSH D. DESAI(17769) for the Applicant(s) No. 1
MR. MILAN. B. DESAI(17768) for the Applicant(s) No. 1
MR SIDDHARTH RAMI, ASSISTANT GOVERNMENT PLEADER for the
Opponent(s) No. 1,2,3
MS MAMTA R VYAS(994) for the Opponent(s) No. 4,5
==========================================================
CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT
Date : 08/01/2026
ORAL ORDER
1. Rule returnable forthwith. Mr. Siddharth Rami, learned
Assistant Government Pleader waives service of notice of Rule
on behalf of opponent Nos.1 to 3. Ms. Mamta R. Vyas, learned
Advocate waives service of notice of Rule on behalf of the
opponent Nos.4 and 5.
2. Heard Mr. Kishan Kotak, learned Advocate appearing for Mr.
Milan B. Desai, learned Advocate for the applicant and Mr.
Siddharth Rami, learned AGP for opponent Nos.1 to 3.
3. Having heard learned Advocates appearing for the respective
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C/MCA/3077/2025 ORDER DATED: 08/01/2026
parties and after going through the averments made in the
application and assurance given by Mr. Kotak, learned
Advocate for the applicant that if one opportunity will be
given, the applicant will undertake to prosecute the matter.
4. The present application deserves to be allowed, which is hereby
allowed in terms of paragraph No.9(B) of the application. Rule
is made absolute accordingly.
5. It goes without saying that once the original matter is restored
back on its file, whatever the interim relief, if any, operating as
on the date of its dismissal will also revive and it will be
operated, till the next listing date of the matter.
6. Consequently, the Special Civil Application No.15886 of 2017
stands restored back on its original file.
(MAULIK J. SHELAT,J)
NILESH
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: PARMAR NILESHKUMAR R(HCD0068), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 08/01/2026 14:24:04
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