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High Court of Gujarat

OSWAL WELFARE SOCIETYversusVIRAM CO OP HOUSING SOICEYT LIMITED

Disposal
38-RULE ABSOLUTE/ALLOWED @ FH
Bench
C DOSHI

Holding

The delay in filing the restoration application is condoned and the main civil matter is restored to its original file.

Summary

The Oswal Welfare Society filed an application seeking condonation of delay for filing a restoration application concerning a main civil suit. The High Court examined the averments and facts presented, and determined that the delay was justified. Consequently, the court condoned the delay and ordered that the main matter be restored to its original file. The court also imposed a cost of Rs.10,000 to be deposited with the Advocates Law Library within fifteen days. The order was signed by Justice J.C. Doshi and the Principal Private Secretary of the High Court.

Issues considered

  • Whether the delay in filing the restoration application can be condoned under the Civil Procedure Code
  • Whether the main civil matter can be restored to its original file upon condonation of delay

Subjects

condonation of delayrestoration of suitcivil procedurecosts

Judgment

    C/CA/3525/2026                              ORDER DATED: 17/08/2026




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 3525 of
                            2026

                 In R/MISC. CIVIL APPLICATION/2074/2026
                       In R/FIRST APPEAL/3665/2010

                                 With
              R/MISC. CIVIL APPLICATION NO. 2074 of 2026
                                  In
                   R/FIRST APPEAL NO. 3665 of 2010
==========================================================
                    OSWAL WELFARE SOCIETY
                             Versus
           VIRAM CO OP HOUSING SOICEYT LIMITED & ORS.
==========================================================
Appearance:
MR RS SANJANWALA, SR. ADVOCATE with MR DILIP L KANOJIYA(3691)
for the Applicant(s) No. 1
MS DHARITRI PANCHOLI, AGP for the Respondent(s) No. 5
MR IRSHADAHMAD B MEV(2551) for the Respondent(s) No. 1,2,3
MRS KALPANA K RAVAL(1046) for the Respondent(s) No. 4
==========================================================

 CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                            Date : 17/08/2026




IA ORDER IN DELAY CONDONATION APPLICATION

     Considering the averments made in the application, the
same is allowed and delay caused in preferring restoration
Application stands condoned.

IA ORDER IN RESTORATION APPLICATION


     Considering the facts stated in the application, present
Application is required to be allowed and the same is allowed

                                Page 1 of 2
           C/CA/3525/2026                                                           ORDER DATED: 17/08/2026




  and main matter is restored to its original file on condition to
  pay cost of Rs.10,000/- to be deposited with the Gujarat High
  Court Advocates Law Library, High Court of Gujarat, within 15
  days from today.



                                                                                                  (J. C. DOSHI,J)
  SHEKHAR P. BARVE



Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SHEKHAR PRAFULBHAI BARVE(HC00200), Principal Pvt. Secretary, at High Court of Gujarat on 17/08/2026 14:30:46




                                                        Page 2 of 2


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