Gujarat High Court Case Information System Print 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/
Top