High Court of Gujarat

AMRUTLAL HIRJI MANANIversusJAGJIVAN NARAYAN PATEL

Disposal: 53-ALLOWED / GRANTED @ ADM.STAGE
Bench: MAULIK SHELAT

Holding

The court held that it may restore the dismissed second appeal upon the applicant's deposit of the prescribed costs.

Summary

The applicant, Amrutlal Hirji Manani, filed a second appeal that had been dismissed for failure to remove office objections. He sought restoration of the appeal, invoking the court's inherent power and offering to bear reasonable costs. The learned advocate, Mr. Anand R. Patel, argued that the High Court could restore the matter upon payment of costs. The court examined the application and, subject to the applicant depositing Rs.2500 with the Advocate Law Library by 31.08.2025, granted the prayer to restore the second appeal. Consequently, the Registry was directed to place the appeal back on its original file.

Issues considered

Whether the High Court can exercise its inherent jurisdiction to restore a dismissed appeal for non‑removal of office objections
Whether the applicant must deposit costs as a condition for restoration

Subjects

restoration of appealinherent jurisdictioncivil procedurecostsHigh Court of Gujarat

Judgment

       C/MCA/3082/2025                                        ORDER DATED: 10/08/2026




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
  R/MISC. CIVIL APPLICATION (FOR RESTORATION) NO. 3082 of 2025
                               In
                   F/SECOND APPEAL/23906/2025
================================================================
                                AMRUTLAL HIRJI MANANI
                                            Versus
                            JAGJIVAN NARAYAN PATEL & ORS.
==============================================================================
Appearance:
MR ANAND R PATEL(2424) for the Applicant(s) No. 1
================================================================
  CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT
                   Date : 10/08/2026
                    ORAL ORDER

1.      Leave to amend the prayer clause is granted. Necessary

incorporation be made, forthwith.


2.      Heard Mr. Anand R. Patel, learned advocate for the

applicant.



3.      Learned advocate Mr. Patel for the applicant submits

that     with      reasonable    costs    this      Court       may      exercise       its

inherent power and restore the matter which was otherwise
dismissed for non removal of office objections.



4.      Having heard learned advocate for the applicant and

after going through the averments made in the application,

subject      to    applicant    deposit    a       sum   of     Rs.2500/-       (Rupees

Twenty Five Hundred Only) with the Gujarat High Court

Advocate Law Library on or before 31.08.2025, the present

application is allowed in terms of paragraph No.9(b).




                                     Page 1 of 2
      C/MCA/3082/2025                                                  ORDER DATED: 10/08/2026




5.      Subject to above, Registry is directed to restore the

Second Appeal on its original file.



                                                                        (MAULIK J.SHELAT,J)




Manoj Kumar Rai




 Original copy of this order has been signed by the Hon'ble Judge.
 Digitally signed by: MANOJKUMAR RAI(HC01072), PRIVATE SECRETARY, at High Court of Gujarat on 10/08/2026 14:37:26




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