M. N. PATEL - FORMER SALESMAN - SAPUTARA PETROL PUMPversusTHE GUJARAT STATE CIVIL SUPPLY CORPORATION
- Disposal
- 53-ALLOWED / GRANTED @ ADM.STAGE
- Bench
- MAULIK SHELAT
Holding
The court held that the Special Civil Application No. 16737 of 2010 must be restored to its original file.
Summary
M.N. Patel, a former salesman of Saputara Petrol Pump, filed a miscellaneous civil application seeking restoration of Special Civil Application No. 16737 of 2010, which had been dismissed. The respondents, Gujarat State Civil Supply Corporation and another, opposed the restoration. The court heard the parties and noted an assurance from the applicant’s counsel that the matter would be prosecuted if given an opportunity. Relying on paragraph 6(A) of the application, the court allowed the restoration and made the rule absolute. Consequently, the dismissed special civil application was reinstated to its original file and any interim relief in effect at the time of dismissal was revived until the next listing.
Issues considered
- Whether the Special Civil Application No. 16737 of 2010 should be restored to the court file after its dismissal
Subjects
Judgment
C/MCA/3122/2025 ORDER DATED: 08/01/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/MISC. CIVIL APPLICATION (FOR RESTORATION) NO. 3122 of 2025
In R/SPECIAL CIVIL APPLICATION/16737/2010
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M. N. PATEL - FORMER SALESMAN - SAPUTARA PETROL PUMP
Versus
THE GUJARAT STATE CIVIL SUPPLY CORPORATION & ANR.
==========================================================
Appearance:
MR. NILAY A THAKER(7275) for the Applicant(s) No. 1
MR BHARAT SOLANKI for MR.NISARG P RAVAL(7262) for the Applicant(s)
No. 1
MR HS MUNSHAW(495) for the Opponent(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT
Date : 08/01/2026
ORAL ORDER
1. Rule returnable forthwith. Mr. H. S. Munshaw, learned
Advocate waives service of notice of Rule on behalf of the
opponent Nos.1 and 2.
2. Heard learned Advocates appearing for the respective parties.
3. Having heard learned Advocates appearing for the respective
parties and after going through the averments made in the
application and assurance given by Mr. Bharat Solanki,
learned Advocate appearing for Mr. Nisarg P. Raval, learned
Advocate for the applicant that if one opportunity will be
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C/MCA/3122/2025 ORDER DATED: 08/01/2026
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.6(A) 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.16737 of 2010
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 14:23:24
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