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CA/1491/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION No. 1491 of 2010
In
FIRST
APPEAL (STAMP NUMBER) No. 836 of 2008
=========================================================
KADVABHAI
CHANABHAI KAKADIA - Petitioner(s)
Versus
SURUBHAI
MANSINGBHAI VALA & 1 - Respondent(s)
=========================================================
Appearance
:
MR
NACHIKET A DAVE for
Petitioner(s) : 1,
RULE SERVED for Respondent(s) : 1 -
2.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 15/06/2010
ORAL
ORDER
Present
application has been taken out seeking condonation of delay of 127
days caused in preferring the appeal against the award dated 20th
July, 2007 passed in MACP No.258 of 2003.
Under
the order dated 9th April, 2010, rule was issued. The
cause list shows that the opponents have been served. Though served,
no one has entered appearance and when the application is taken up
for hearing, no one has remained present and attended the hearing of
the application. No objection has been filed against the relief
prayed for by the applicant. Furthermore, on perusal of the
application and upon considering the submissions of the learned
counsel, it emerges that the applicant has explained the reasons for
delay and has made out sufficient cause to condone the delay caused
in filing the appeal. The applicant has filed the appeal seeking
enhancement in the compensation awarded by the tribunal.
Having
regard to the aforesaid aspects and facts, the relief prayed for in
para 5(B) deserves to be granted. Hence, the delay of 127 days caused
in filing the appeal is condoned. The application is allowed in
allowed in terms of para 5(B).
Rule
is made absolute to the aforesaid extent.
[K.M.Thaker,
J.]
kdc
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