Gujarat High Court Case Information System
Print
OJCA/234/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION No. 234 of 2011
In
STAMP
NUMBER No. 1498 of 2011
=========================================================
MANUBHAI
MAGANBHAI PATEL - Applicant(s)
Versus
OFFICIAL
LIQUIDATOR OF M/S AMBIKA MILL LTD (IN LIQUIDATION) & 3 -
Respondent(s)
=========================================================
Appearance
:
MR
DEVAN PARIKH for
Applicant(s) : 1,MR MUKESH N VAIDYA for Applicant(s) : 1,
OFFICIAL
LIQUIDATOR for Respondent(s) : 1,
RULE SERVED for Respondent(s) :
2 - 3.
MR RS SANJANWALA for Respondent(s) :
4,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
and
HONOURABLE
MR.JUSTICE J.C.UPADHYAYA
Date
: 21/06/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE JAYANT PATEL)
The
present application is for condonation of delay of 226 days in
preferring the appeal against the order passed by the learned
Company Judge in Company Application No.495 of 2009.
Considering
the facts and circumstances and in view the grounds stated in the
application for condonation of delay, even if lenient view is taken
on the aspect of delay, the applicant cannot get away from the
liability to pay compensation on the aspect of delay and, therefore,
appropriate cost deserves to be issued. Considering the facts and
circumstances, the appropriate cost would be Rs.2,500/- for each of
the respondents.
Under
these circumstances, the delay is condoned on condition that the
applicant pays the cost of Rs.2,500/- to each of the respondents,
within a period of three weeks from today. After the amount of
compensation is paid, the condition shall stand complied with and
the applicant shall be at liberty to move this Court for hearing of
the O.J. Appeal.
The
application is disposed of. Rule made absolute accordingly.
(Jayant Patel, J.)
(J. C. Upadhyaya, J.)
vinod
Top