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High Court of Gujarat

JAGRUTIBEN PINKESHBHAI PATELversusMANAGER, DHANSHOBHAVAK CO-OP CREDIT SOCIETY LTD.

Decided
Disposal
36-MCA DISPOSED OF

Holding

The Court condoned the 66‑day delay and restored the Special Civil Application to its original file.

Summary

The petitioner, Jagrutiben Pinkeshbhai Patel, filed a Miscellaneous Civil Application seeking restoration of a Special Civil Application that had been pending. The application had been delayed by 66 days. The Court examined the pleadings and, exercising its discretion, condoned the delay. Consequently, the Special Civil Application was restored to its original file. The petitioner was ordered to remove any office objections within one week, failing which the Special Civil Application would be dismissed. The Miscellaneous Civil Application was thereafter disposed of.

Issues considered

  • Whether a delay of 66 days in filing a restoration application can be condoned
  • Whether the Special Civil Application can be restored to its original file
  • What conditions, if any, should be imposed for the restoration

Subjects

  • restoration
  • condonation of delay
  • special civil application
  • miscellaneous civil application
  • procedural law

Judgment

       C/MCA/931/2026                                                                 ORDER DATED: 17/04/2026




                IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

  R/MISC. CIVIL APPLICATION (FOR RESTORATION) NO. 931 of 2026

                      In F/SPECIAL CIVIL APPLICATION/32571/2025

==========================================================
                  JAGRUTIBEN PINKESHBHAI PATEL
                              Versus
        MANAGER, DHANSHOBHAVAK CO-OP CREDIT SOCIETY LTD.
==========================================================
Appearance:
MR AKASH MODI for MR PRABHAKAR UPADYAY(1060) for the Applicant(s)
No. 1
==========================================================

  CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE

                                               Date : 17/04/2026

                                                  ORAL ORDER


         Heard the learned counsel for the applicant. Perused the
averments. The delay of 66 days is condoned. The Special Civil
Application is restored to its original file. The applicant is directed to
remove the office objections within a period of one week, failing
which, the Special Civil Application shall stand dismissed without
any further reference to the Court.
         The Misc. Civil Application is disposed of accordingly.




                                                                              (ANIRUDDHA P. MAYEE, J.)
cmk


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: CHANDRASHEKHAR MAHESHKUMAR KOSHTI(HC01066), Principal Pvt. Secretary, at High Court of Gujarat on 17/04/2026 17:45:37




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