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CA/14525/2010 1/ 1 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR DELAY No. 14525 of 2010
In
FIRST
APPEAL (STAMP NUMBER) No. 1914 of 2010
=========================================================
DHUDABHAI
JEHABHAI BAJANIYA & 4 - Petitioner(s)
Versus
LAXMANBHAI
MAVJIBHAI BAJANIYA & 2 - Respondent(s)
=========================================================
Appearance
:
MR
HARSHIT STOLIA for
Petitioner(s) : 1 - 5.
RULE NOT RECD BACK for Respondent(s) : 1 -
2.
MR RITURAJ M MEENA for Respondent(s) :
3,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 25/01/2011
ORAL ORDER
Present application has been
preferred by the applicants – original claimants, under
section 5 of the Limitation Act, to condone the delay of 48 days
caused in preferring First Appeal challenging the Judgement and
Award passed by the Motor Accident Claims Tribunal (Auxi), Patan in
Motor Accident Claim Petition No. 114 of 2004 dtd.30/1/2010.
Having heard Mr.Tolia, learned
advocate appearing on behalf of the applicants and Mr.Meena, learned
advocate appearing on behalf of the respondent No.3 – Insurance
Company, who can be said to be the main contesting party, and
considering the averments made in the application in support of the
prayer to condone the delay and with a view to give one additional
opportunity to the applicants to submit the case on merits rather
than non-suiting the applicants on the technical ground of delay,
present application is allowed. The delay caused in preferring the
First Appeal is hereby condoned. Rule is made absolute accordingly.
In the facts and circumstances of
the case, there shall be no order as to costs.
[M.R.
SHAH, J.]
rafik
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