DINESHBHAI PUNJABHAI TALPADA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This matter seems to have a checkered history. Civil Application No.1 of 2018 is filed to condone the delay of 92 days in filing appeal namely, F/Letters Patent Appeal No.53 of 2018. Said appeal has been filed for setting aside the order dtd. 15/12/2017 passed by the learned Single Judge, dismissing MCA (Recall) No.3042 of 2017 on the ground that there was no case made out for recalling the order dtd. 11/9/2017. Order dtd. 11/9/2017 came to be passed in Special Civil Application No.833 of 2011, pursuant to order dtd. 6/4/2017, which reads as under:

(2.) On account of aforesaid order having not been complied till 11/9/2017, leaned Single Judge took up the matter for hearing and at that time, Ms. P.J. Joshi, learned counsel submitted that she had instructions to appear and prayed for time to comply with order dtd. 6/4/2017. However, learned Single Judge declined to grant time in the peculiar circumstances of the case and dismissed the petition by observing that learned counsel can take appropriate steps in accordance with law for the purpose of redressal of grievance voiced in the petition.

(3.) Though notice is served on the parties, none have appeared and condoning the delay and again keeping the matter namely, F/Letters Patent Appeal No.53 of 2018 pending would only be an exercise in futility. Hence, Civil Application No.1 of 2018 is dismissed. Consequently, F/Letters Patent Appeal No.53 of 2018 also stands dismissed.