SAHRAMYOGI SHREE ASHARAM ISHWARDAS AND OTHER 17 WORKMAN THROUGH PRESIDENT GUJARAT MAZDUR MAHJANversusEXECUTIVE ENGINEER, BHAVNAGAR WATER IRRIGATION DEPARTMENT
- Disposal
- 36-MCA DISPOSED OF
- Bench
- HEMANT M PRACHCHHAK
Holding
The Court allowed the restoration application, condoned the 42‑day delay, and ordered the original suit to be restored subject to removal of objections within two weeks.
Summary
The applicants, a group of workmen represented by the President of Gujarat Mazdoor Mahjan, filed a miscellaneous civil application seeking restoration of Special Civil Application No. 28480 of 2025 and condonation of a 42‑day delay in filing the restoration petition. The learned counsel explained the reasons for the delay. The Court examined the averments in paragraphs 5 and 6 of the petition, found the explanation satisfactory, and consequently allowed the application, condoning the delay. The Court ordered that the original civil application be restored, subject to the removal of any objections within two weeks. The matter was thereafter disposed of in favour of the applicants.
Issues considered
- Whether the Court can condone a 42‑day delay in filing a miscellaneous civil application for restoration of a special civil suit.
- Whether the Special Civil Application No. 28480 of 2025 can be restored to its original status.
Subjects
Judgment
C/MCA/459/2026 ORDER DATED: 20/02/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/MISC. CIVIL APPLICATION (FOR RESTORATION) NO. 459 of 2026
In F/SPECIAL CIVIL APPLICATION/28480/2025
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SAHRAMYOGI SHREE ASHARAM ISHWARDAS AND OTHER 17
WORKMAN THROUGH PRESIDENT GUJARAT MAZDUR MAHJAN
Versus
EXECUTIVE ENGINEER, BHAVNAGAR WATER IRRIGATION
DEPARTMENT & ANR.
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Appearance:
JWALIT B SONEJI(7895) for the Applicant(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HEMANT M.
PRACHCHHAK
Date : 20/02/2026
ORAL ORDER
1. Present application is led by the applicant seeking following
reliefs :
“(A) The Hon’ble Court be pleased to restore the above referred F/Special
Civil Application No. 28480 of 2025;
(B) The Hon’ble Court be pleased to condon delay of 42 days in preferring
the present MCA.
(C) Any other further relief that this Hon’ble Court feels *t may please be
granted in the interest of justice.”
2. Heard Mr. Jwalit Soneji, learned counsel appearing for the
applicant.
3. Considering the averments made in the application, more
particularly in paragraphs 5 and 6, giving elaborate explanation with
regard to the delay caused in preferring the present application
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C/MCA/459/2026 ORDER DATED: 20/02/2026
seeking restoration of F/Special Civil Application No. 28480 of 2025,
the present application is hereby allowed. The delay of 42 days is
hereby condoned. The main matter alongwith connected civil
application/s, if any, is ordered to be restored to its original le, on
condition to remove o ce objections within a period of two
weeks from today.
4. The present application stands disposed of accordingly.
(HEMANT M. PRACHCHHAK,J)
Dolly
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: DOLLYBEN CHETANBHAI VADUKAR(HC01392), PRIVATE SECRETARY, at High Court of Gujarat on 20/02/2026 17:05:33
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