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CA/3602/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION No. 3602 of 2008
In
FIRST
APPEAL (STAMP NUMBER) No. 4007 of 2007
=========================================================
AHMEDABAD
MUNICIPAL CORPORATION - Petitioner(s)
Versus
MEMGRON
CHEMI DYES PVT LTD THRO' DIRECTOR - Respondent(s)
=========================================================
Appearance
:
MS
JIRGA D JHAVERI for
Petitioner(s) : 1,
RULE
served for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE R.P.DHOLAKIA
and
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 20/10/2008
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE R.P.DHOLAKIA)
1. Though
served, none appears on behalf of the respondent.
2.
This Civil Application has been filed by the present applicant for
condoning the delay of 219 days caused in preferring First Appeal.
3.
We 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 appeal could not be filed in
time are stated in para-2 of the application.
4.
In view of the fact that the reasons stated in this application have
not been controverted by the otherside by filing an affidavit and
also in view of the principles governing the discretionary exercise
of power under sec. 5 of the Limitation Act, 1963, we are of the view
that sufficient cause has been stated for not filing the appeal in
time and hence, delay caused in filing the appeal is to be condoned
and civil application is required to be allowed.
5.
For the aforesaid reasons, application is allowed. Delay of 219 days
caused in filing First Appeal is condoned. Rule is made absolute.
(R.P.
DHOLAKIA, J.)
(Z.K.
SAIYED, J.)
mandora/
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