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CA/5580/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION No. 5580 of 2011
In
FIRST
APPEAL (STAMP NUMBER) No. 811 of 2011
=========================================
ORIENTAL
INSURANCE CO LTD, THROUGH AUTHORISED SIGNATORY - Applicant(s)
Versus
YUNUSBHAI
SULTANBHAI CHAUAN & 1 - Opponent(s)
=========================================
Appearance :
MR
MAULIK J SHELAT for
Applicant(s) : 1,
None for Opponent(s) : 1,
RULE SERVED for
Opponent(s) : 1.2.1,1.2.2 -
2.
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 22/06/2011
ORAL
ORDER
1. The
present application under Section 5 of the Limitation Act has been
preferred by the applicant-original appellant-Oriental Insurance
Company Ltd. to condone the delay of 17 days in preferring the First
Appeal challenging the impugned judgment and order passed by the
learned Commissioner for Workmen Compensation, Bhavnagar dated
12/01/2011 in Workmen Compensation Case No. 12/2005.
2. Having
heard Shri Maulik Shelat, learned advocate appearing on behalf of the
applicant and Shri Hardik Soni, learned advocate appearing on behalf
of opponents nos. 1/1 and 1/2-original claimants and though served
nobody appears on behalf of opponent no. 2 and considering
the averments made in the application in support of the prayer to
condone the delay
and as sufficient cause is shown and so as to give one additional
opportunity to the applicant to submit the case on merits rather than
non-suiting it on the technical ground of delay, the delay caused in
preferring the First Appeal is hereby condoned.
3. With
this, the present application is allowed. Rule is made absolute
accordingly. No cost.
(M.R.
SHAH, J.)
siji
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