Gujarat High Court Case Information System
Print
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR CONDONATION OF DELAY No. 3591 of 2004
In
FIRST
APPEAL (STAMP NUMBER) No. 983 of 2004
==============================================================
PATEL
TRACTORS CO PVT LTD & 2 - Petitioner(s)
Versus
BALAM
DAIRY AGENCIES & 2 - Respondent(s)
==========================================================
Appearance
:
MR
JR SHAH for
Petitioner No(s).: 1,2.
MR
PANKAJ K SONI for
Respondent No(s).:
1,2.
======================================================================
CORAM :THE HON'BLE MR.JUSTICE B.J.SHETHNA and
THE HON'BLE MR.JUSTICE M.C.PATEL
Date :
14/06/2005
ORAL ORDER
(Per : THE HON’BLE
MR.JUSTICE B.J.SHETHNA)
Heard
the learned counsel for the parties. Mr. Soni for the respondents
vehemently opposed condonation of delay but later on, he submitted
that while awarding suitable cost of Rs.5,000/-, the delay be
condoned. On facts of this case, we are of the considered opinion
that though delay is gross, the same is required to be condoned in
the interest of justice by awarding special cost of Rs.5,000/-.
Accordingly, this application is allowed. The delay is condoned.
Rule is made absolute. The applicants shall pay special cost of
Rs.5,000/- to the respondent no.2 within two weeks from today. On
producing the receipt of Rs.5,000/-, the office may place the above
main First Appeal for admission, after showing name of Shri Soni for
the respondents on 01st July, 2005 alongwith Civil
Application for Stay, if any, filed in it.
( B.J. Shethna, J. )
( M.C. Patel, J. )
hki
Top