Harshit Girish Tank vs Bakaji Amaji Kunverji Thakor
2025 Latest Caselaw 7166 Guj

Gujarat High Court

Harshit Girish Tank vs Bakaji Amaji Kunverji Thakor on 3 October, 2025

                                                                                                                  NEUTRAL CITATION




                              C/MCA/2251/2025                                      ORDER DATED: 03/10/2025

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                                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                          R/MISC. CIVIL APPLICATION (FOR RESTORATION) NO. 2251 of 2025

                                           In F/CROSS OBJECTION NO. 25187 of 2022

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                                                    HARSHIT GIRISH TANK
                                                           Versus
                                            BAKAJI AMAJI KUNVERJI THAKOR & ORS.
                       ==========================================================
                       Appearance:
                       MR RATHIN P RAVAL(5013) for the Applicant(s) No. 1
                       MS KIRTI S PATHAK(9966) for the Opponent(s) No. 4
                       MS VYOMA K JHAVERI(6386) for the Opponent(s) No. 2
                       ==========================================================

                          CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI

                                                               Date : 03/10/2025

                                                                ORAL ORDER

1. Heard learned counsel for the parties.

2. Learned counsel for the petitioner submitted that due to the non- removal of office objections, the appeal came to be dismissed for default against the judgment and award dated 15.11.2019 in MACP No.19/2017. He further submitted that the office objections could not be removed owing to the mistake of the previous counsel. He further submitted that he undertakes to remove the office objections immediately as soon as the cross-objections are restored.

3. On the other hand, Ms. Vyoma K. Jhaveri, learned counsel and Ms. Kirti S. Pathak, learned counsel appearing on behalf of respondent nos.2 and 4 respectively, submitted that appropriate order may be passed.

                                                                                                              NEUTRAL CITATION




                              C/MCA/2251/2025                                 ORDER DATED: 03/10/2025

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4. Having considered the fact that owing to the mistake of the previous lawyer, the office objections could not be removed and hence, the cross-objections came to be dismissed. On account of the mistake of the lawyer, the parties should not suffer. Therefore, the present petition deserves to be allowed and accordingly, the cross-objections are restored to its original status and the petitioner is directed to remove the office objections within a week from today. In view of the above, the petition is disposed of. No order as to costs.

(MOOL CHAND TYAGI, J) HARSHIT