CHAUDHRY PARTH NATUBHAIversusSTATE OF GUJARAT
- Disposal
- 56-DISPOSED AT ADMISSION STAGE
- Bench
- VAIBHAVI D NANAVATI
Holding
The Court allowed restoration of the dismissed petition on the condition that the office objections be removed within three weeks.
Summary
The petitioners Chaudhry Parth Natubhai & Anr. filed a Special Civil Application (No. 33227 of 2025) which was dismissed for default due to non‑removal of office objections. They subsequently filed a Miscellaneous Civil Application (No. 395 of 2026) seeking restoration of the dismissed petition. The learned counsel for the petitioners argued that the default was curable and that restoration would not prejudice the respondents. The Court examined whether a petition dismissed for failure to remove office objections could be reinstated upon compliance. It held that restoration is permissible provided the objections are removed within a stipulated time. Accordingly, the Court ordered the petition to be restored on the condition that the office objections be removed within three weeks, failing which the matter would stand dismissed, and disposed of the restoration application.
Issues considered
- Whether a petition dismissed for default due to non‑removal of office objections can be restored.
- Whether the Court can condition restoration on the removal of office objections within a specified period.
Subjects
Judgment
C/MCA/395/2026 ORDER DATED: 13/02/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/MISC. CIVIL APPLICATION NO. 395 of 2026
In F/SPECIAL CIVIL APPLICATION/33227/2025
=============================================
CHAUDHRY PARTH NATUBHAI & ANR.
Versus
STATE OF GUJARAT & ORS.
=============================================
Appearance:
MR SHAIVANG D MEHTA(5623) for the Applicant(s) No. 1,2
MS DEVANSHIBA RANA, AGP for the Opponent(s) No. 1,2,3,4,5
=============================================
CORAM:HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI
Date : 13/02/2026
ORAL ORDER
1. This application is filed for restoration of the captioned
petition being F/Special Civil Application No.33227 of 2025
which was dismissed for default for non-removal of office
objections.
2. Heard Mr. Shaivang D. Mehta, the learned advocate
appearing for the petitioners.
3. Considering the averments made in the application for
restoration, the same is allowed and the F/Special Civil
Application No.33227 of 2025 is ordered to be restored to its
original file on the condition that office objections shall be
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C/MCA/395/2026 ORDER DATED: 13/02/2026
removed within a period of three weeks from today, failing
which, the matter shall stand dismissed for non prosecution
without reference to this Court. Accordingly, the present
application stands disposed of.
(VAIBHAVI D. NANAVATI,J)
NEHA
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: NEHA CHANDRESHKUMAR PRAJAPATI(HC01404), STENO GR II, at High Court of Gujarat on 13/02/2026 14:59:25
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