ATUL SURESHCHANDRA MEHTAversusSTATE OF GUJARAT
- Disposal
- 53-ALLOWED / GRANTED @ ADM.STAGE
- Bench
- HEMANT M PRACHCHHAK
Holding
The court allowed the restoration of the Special Civil Application and condoned the delay.
Summary
The applicant, Atul Sureshchandra Mehta, filed a Miscellaneous Civil Application seeking restoration of his earlier Special Civil Application (No. 31828 of 2025) which had been dismissed for failure to remove objections. The court noted that the dismissal was due to a 43‑day delay in filing the restoration application. After hearing counsel and considering the applicant’s explanation, the court found sufficient cause to condone the delay. It ordered that the original petition be restored, subject to the removal of objections within two weeks, failing which the matter would be dismissed for want of prosecution. The court also expressly condoned the delay in filing the restoration application and disposed of the present application accordingly.
Issues considered
- Whether the 43‑day delay in filing the restoration application can be condoned.
- Whether the Special Civil Application can be restored subject to removal of objections.
Subjects
Judgment
C/MCA/656/2026 ORDER DATED: 20/03/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/MISC. CIVIL APPLICATION (FOR RESTORATION) NO. 656 of 2026
In F/SPECIAL CIVIL APPLICATION/31828/2025
==========================================================
ATUL SURESHCHANDRA MEHTA
Versus
STATE OF GUJARAT & ORS.
==========================================================
Appearance:
CHETAN S VITHLAPARA(8893) for the Applicant(s) No. 1
MR NIKUNJ KANARA AGP for the Opponent(s) No. 1,2
==========================================================
CORAM:HONOURABLE MR. JUSTICE HEMANT M.
PRACHCHHAK
Date : 20/03/2026
ORDER
1. The present application has been led seeking restoration
of the main petition being F/Special Civil Application No. 31828 of
2025, which has been dismissed for non-removal of o'ce
objections and to condone the delay of 43 days which occurred
in ling of this Miscellaneous Civil Application.
2. Having regard to the contents of the application, the
present application is allowed. The petition being F/ Special Civil
Application No. 31828 of 2025 is ordered to be restored to its
original le, subject to removal of o'ce objections within a
period of two weeks from today. If the o'ce objections are not
removed within the stipulated time period, the matter shall
dismissed for want of prosecution, without reference to this
Court.
Page 1 of 2
C/MCA/656/2026 ORDER DATED: 20/03/2026
3. Further, after considering the explanation given in the
application and hearing the learned counsel for the respective
parties, this Court nds that the su'cient cause is made out to
condone the delay and hence, the delay occurred in ling of this
Miscellaneous Civil Application is hereby condoned.
4. The present application stands disposed of accordingly.
(HEMANT M. PRACHCHHAK,J)
ANUSRI
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ANUSRI VASU(HC02352), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 23/03/2026 17:55:36
Page 2 of 2
Search Indian case law
Ask in plain English, not just keywords. 25,000 AI words free, no card.