SHRI VACHHARAJJI MAVAJI BOTHRA JAIN RELIGIOUS TRUSTversusUNION OF INDIA
- Disposal
- 36-MCA DISPOSED OF
- Bench
- HEMANT M PRACHCHHAK
Holding
The Court held that the Special Civil Application may be restored on the condition that the objections are removed within two weeks.
Summary
Shri Vachharajji Mavaji Bothra Jain Religious Trust applied to the Gujarat High Court for restoration of its Special Civil Application No. 34918 of 2025, which had been dismissed for default because objections were not removed. The applicant relied on averments made in paragraphs 3 and 4 of the restoration petition. The Court examined whether the default dismissal could be set aside. Finding the applicant’s contentions satisfactory, the Court allowed the restoration on the condition that the objections be removed within two weeks. The restored application is to proceed as if it had never been dismissed, and the restoration application is disposed of accordingly.
Issues considered
- Whether a Special Civil Application dismissed for default due to non‑removal of objections can be restored?
Subjects
Judgment
C/MCA/636/2026 ORDER DATED: 27/04/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/MISC. CIVIL APPLICATION (FOR RESTORATION) NO. 636 of 2026
In F/SPECIAL CIVIL APPLICATION/34918/2025
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SHRI VACHHARAJJI MAVAJI BOTHRA JAIN RELIGIOUS TRUST
Versus
UNION OF INDIA & ORS.
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Appearance:
MR RITURAJ M MEENA(3224) for the Applicant(s) No. 1
MR NIKUNJ KANARA, ASST. GOVERNMENT PLEADER for the
Opponent(s) No. 2,3,4
MR PRADIP D BHATE(1523) for the Opponent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HEMANT M.
PRACHCHHAK
Date : 27/04/2026
ORDER
The present application is 昀椀led by the applicant for restoration
of the main matter being F/Special Civil Application No. 34918 of
2025, which came to be dismissed for default for non-removal of
o昀케ce objections vide order dated 12.12.2025.
Considering the averments made in the application, more
particularly, in paragraphs 3 and 4, the present application is hereby
allowed. The F/Special Civil Application No. 34918 of 2025 is ordered
to be restored to its original 昀椀le on condition that o昀케ce objections
shall be removed within a period of two weeks from today.
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 27/04/2026 18:09:15
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