JAYMIN N. SHAHversusSTATE OF GUJARAT
- Disposal
- 53-ALLOWED / GRANTED @ ADM.STAGE
- Bench
- MAULIK SHELAT
Holding
The Court restored the civil application conditionally, directing the petitioners to deposit Rs.1,000 with the Advocate Law Library.
Summary
The petitioners, led by Mr. J.V. Japee, applied for the restoration of their civil application (F/Civil Application No.32613 of 2025) which had been previously closed due to office objections. Their counsel, Ms. Nidhi Mehta, offered to address the objections and requested a chance for restoration. The State of Gujarat, represented by Mr. Siddharth Rami, opposed the request. The Court, after hearing both sides and considering the assurance given by the petitioners' counsel, decided to allow the restoration on the condition that a sum of Rs.1,000 be deposited with the Gujarat High Court Advocate Law Library within one week. Accordingly, the civil application was restored to its original file subject to compliance with the monetary condition.
Issues considered
- Whether the civil application closed on account of office objections can be restored.
- Whether imposing a condition of depositing Rs.1,000 with the Advocate Law Library is a valid exercise of the Court's discretion.
Subjects
Judgment
C/MCA/535/2026 ORDER DATED: 12/03/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/MISC. CIVIL APPLICATION (FOR RESTORATION) NO. 535
of 2026
In F/CIVIL APPLICATION/32613/2025
In F/MISC. CIVIL APPLICATION/32612/2025
In R/SPECIAL CIVIL APPLICATION/17666/2011
=============================================
JAYMIN N. SHAH & ORS.
Versus
STATE OF GUJARAT
=============================================
Appearance:
MS NIDHI MEHTA FOR MR JV JAPEE(358) for the Applicant(s) No.
1,2,3,4,5,6
MR SIDDHARTH RAMI, AGP for Respondent State
=============================================
CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT
Date : 12/03/2026
ORAL ORDER
1. Heard Ms.Nidhi Mehta, learned advocate for
Mr.J.V.Japee, learned advocate for the applicants – original
petitioners.
2. Learned advocate Ms.Mehta would submit that one
opportunity may be given to the applicants and she
undertakes to remove office objections.
3. Having heard learned advocate for the applicants and
considering the averments made in the application as well as
assurance given by learned advocate for the applicants, the
present application deserves to be allowed, on the condition
that Rs.1,000/- will be deposited by the learned advocate for
the applicants with the Gujarat High Court Advocate Law
Library.
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C/MCA/535/2026 ORDER DATED: 12/03/2026
4. On such condition, this application is allowed in terms of
paragraph 6(b). F/Civil Application No.32613 of 2025 is
restored back on its original file, on the condition that the
learned advocate for the applicants shall deposit a sum of
Rs.1,000/- with the Gujarat High Court Advocate Law Library
within one week from the date of receipt of a copy of this
order.
(MAULIK J. SHELAT, J)
GAURAV J THAKER
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: GAURAVKUMAR JANARDANBHAI THAKER(HC00951), Principal Pvt. Secretary, at High Court of Gujarat on 12/03/2026 14:20:42
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