High Court of Gujarat
VIKRAMSINH JETHUBHA JADEJAversusSTATE OF GUJARAT
- Decided
- Disposal
- 36-MCA DISPOSED OF
- Bench
- NIRZAR S DESAI
Holding
The court held that the delay is condonable and ordered the restoration of the special civil application.
Summary
Vikramsinh Jethubha Jadeja filed a civil application seeking condonation of a 438‑day delay in filing a restoration application for Special Civil Application No. 28429 of 2024, which had been dismissed for failure to remove office objections. The applicant’s counsel promised to remove the objections within two weeks. The court examined the explanations for the delay and found sufficient cause, noting that the main writ petition had also been dismissed for similar non‑compliance. Consequently, the court allowed the condonation and restored the special civil application to its original file, directing the applicant to remove the office objections by 1 May 2026.
Issues considered
- Whether a delay of 438 days in filing a restoration application can be condoned.
- Whether the Special Civil Application No. 28429 of 2024 should be restored despite prior dismissal for non‑removal of office objections.
Subjects
- condonation of delay
- restoration of civil application
- office objections
- Special Civil Application
- High Court of Gujarat
Judgment
C/CA/1490/2026 ORDER DATED: 02/04/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 1490 of
2026
In R/MISC. CIVIL APPLICATION/817/2026
In
F/SPECIAL CIVIL APPLICATION/28429/2024
With
R/MISC. CIVIL APPLICATION NO. 817 of 2026
In
F/SPECIAL CIVIL APPLICATION NO. 28429 of 2024
==========================================================
VIKRAMSINH JETHUBHA JADEJA
Versus
STATE OF GUJARAT & ORS.
==========================================================
Appearance :
JIGNESHKUMAR M NAYAK for the Applicant.
MR AAKASH GUPTA, AGP for the Respondents.
=========================================
CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 02/04/2026
ORAL ORDER
By way of Civil Application No.1490 of 2026, the
applicant has prayed to condone the delay of 438 days caused in
preferring restoration application. By way of Misc. Civil
Application No.817 of 2016, the applicant has prayed to restore
Special Civil Application No.28429 of 2024 which came to be
dismissed for want of prosecution for non-removal of office
objections vide order dated 29.10.2024.
2. Learned advocate appearing for the applicant would
submit that the applicant shall remove the office objections within a
period of two weeks from today. Hence, the present applications
may be allowed.
3. I have heard learned advocates appearing for the
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C/CA/1490/2026 ORDER DATED: 02/04/2026
respective parties and perused the memo of applications. As the
delay has sufficiently been explained and sufficient cause is made
out as well as considering the fact that the main writ petition was
dismissed on account of non-removal of office objections within the
time granted by this Court, I am of the opinion that the present
applications require consideration and hence, the same are
allowed. F/Special Civil Application No.28429 of 2024 is
restored to its original file. The applicant is hereby directed to
remove office objections latest by 1.5.2026.
(NIRZAR S. DESAI,J)
SAVARIYA
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: RAJNISH NARENDRA SAVARIYA(HC00179), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 02/04/2026 14:45:17
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