PARADISE CINEMA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The applicant - ori. petitioner has filed this application for recalling of the order dated 29.3.2010 passed by this Court in Special Civil Application No.12672 of 2009 and to grant prayers made in the original petition.

(2.) This Court has passed an order on 29.3.2010 dismissing the petition, both on the ground of delay as well as on merits.

(3.) Mr.Goel, learned counsel appearing with B.P.Gupta for the applicant has submitted that there was no delay on the part of the applicant in filing the present petition and, therefore, observations in the order that, 10 years have passed after the suit is disposed of are mistakes apparent on the face of the record. He has further submitted that the suit came to be disposed of on 22.7.2009 but the applicant came to know about the same only when the applicant received notice on 17.8.2009 from the Mamlatdar, Porbandar for recovery of Rs.7,16,872/- with interest at the rate of 24% as the Regular Civil Suit No.43 of 1998 was rejected by order dated 22.7.2009 and, therefore, the applicant immediately filed the petition on 2.9.2009.