Modi vs Usmanbhai on 29 September, 2010

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CA/6313/2010	 1/ 1	ORDER 
 
 

	

 

IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
 

 


 

CIVIL
APPLICATION No. 6313 of 2010 

 

In
 

FIRST
APPEAL (STAMP NUMBER) No. 1509 of 2010
 

=========================================================

 

MODI
KANTILAL RANCHHODDAS & 1 - Petitioner(s)
 

Versus
 

USMANBHAI
DAVOUDBHAI MEMON & 4 - Respondent(s)
 

=========================================================
 
Appearance
: 
MR
FB BRAHMBHATT for
Petitioner(s) : 1 - 2. 
RULE SERVED for Respondent(s) : 1 - 2,
4, 
UNSERVED-REFUSED (R) for Respondent(s) : 3, 
DELETED for
Respondent(s) :
5, 
=========================================================


 
	  
	 
	  
		 
			 

CORAM
			: 
			
		
		 
			 

HONOURABLE
			MR.JUSTICE S.R.BRAHMBHATT
		
	

 

Date
: 29/09/2010 

 

ORAL
ORDER

1. Heard
Mr.F.B.

Brahmbhatt, learned advocate appearing for the applicants.

2. Learned
advocate Mr.Brahmbhatt submitted that all the respondents are duly
served and the driver of the vehicle has also been served but as he
has not accepted the notice, the endorsement of refusal is there on
record.

3. In
view of the above and in view of the fact that the claim petition is
rejected, this Court is of the view that the delay cannot be said to
be occurred on account of any malicious motive. Therefore, the delay
deserves to be condoned and is accordingly condoned. The Application
is allowed. Rule is made absolute. Office is directed to place the
First Appeal for admission hearing in due course.

(S.R.BRAHMBHATT,
J.)

Hitesh

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