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CA/4646/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION No. 4646 of 2010
In
FIRST
APPEAL (STAMP NUMBER) No. 5170 of 2009
=========================================================
JAGDISHBHAI
RATILAL PANDYA DECEASED THROUGH ASHABEN JAGDI & 3 - Petitioner(s)
Versus
CHAUHAN
JAYDEVSINH GHANSHYAMSINH & 2 - Respondent(s)
=========================================================
Appearance
:
MR
SURESH M SHAH for
Petitioner(s) : 1 - 4.
RULE UNSERVED for Respondent(s) : 1,
MR
BN LIMBACHIA for Respondent(s) : 2,
MR GC MAZMUDAR for
Respondent(s) : 3,
MR HG MAZMUDAR for Respondent(s) :
3,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
and
HONOURABLE
MR.JUSTICE BANKIM.N.MEHTA
Date
: 23/08/2010
ORAL
ORDER
(Per : HONOURABLE MR.JUSTICE JAYANT
PATEL)
The
present application is for condonation of delay of 96 days in
preferring First Appeal against the judgment and award dated
20.3.2009 passed by the Tribunal in MACP No.97 of 2008.
The
respondent No.1 who is the driver is unserved, but respondent Nos.2
and 3 who is the owner and insurance company respectively are
served.
Considering
the facts and circumstances and in view of the grounds stated in the
application, even if lenient view is taken, appropriate cost deserves
to be imposed for compensating to the respondents for delay.
Considering the facts and circumstances, appropriate cost shall be
Rs.1,000/- for each of the respondents, total cost Rs.3,000/-. Hence
delay of 96 days in preferring first appeal is condoned on condition
that the applicant deposits the amount of cost of Rs.1,000/- as cost
for each of the respondents, within a period of four weeks from
today. After the amount of cost is deposited, the concerned
respondents shall be at liberty to withdraw the amount of cost.
The
application is allowed to the aforesaid extent. Rule is made
absolute.
(JAYANT
PATEL, J.)
(BANKIM
N.MEHTA, J.)
syed/
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