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CA/7348/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION No. 7348 of 2010
=========================================================
NATIONAL
BUILDINGS CONSTRUCTION CORPORATION LIMITED - Petitioner(s)
Versus
U
P STATE BRIDGE CORPORATION LTD - Respondent(s)
=========================================================
Appearance
:
MR
CHETAN K PANDYA for
Petitioner(s) : 1,
MR SUKHWANI for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 15/07/2010
ORAL ORDER
Rule.
Learned counsel, Mr.Sukhwani, waives service of notice of rule on
behalf of the respondent.
This
Civil Application has been filed by the present applicant for
condoning the delay of 68 days caused in preferring Misc.Civil
Application for restoring the First Appeal.
I
have heard learned counsel for the applicant and also gone
through the reasons mentioned in the Civil Application on oath
regarding condonation of delay. Reasons as to why Misc.Civil
Application could not be filed in time are stated in the
application.
In
view of the fact that the reasons stated in this application
have not been controverted by the otherside and also in view
of the principles governing the discretionary exercise of power
under Sec.5 of the Limitation Act, 1963, I am of the view that
sufficient cause has been stated for not filing the Misc. Civil
Application in time and hence, delay caused in filing Misc. Civil
Application is to be condoned and civil application is required to
be allowed.
For
the aforesaid reasons, application is allowed. Delay of 68
days caused in filing Misc. Civil Application for restoring First
Appeal is condoned. Rule is made absolute.
(M.D.SHAH,J.)
radhan
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