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CA/8385/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR CONDONATION OF DELAY No. 8385 of 2011
In
SECOND
APPEAL No. 145 of
2011
=========================================================
MADHYA
GUJARAT VIJ CO LTD & 2 - Petitioner(s)
Versus
RAVESINH
AMARSINH RATHOD - Respondent(s)
=========================================================
Appearance
:
MR
MD RANA for
Petitioner(s) : 1 - 3.
RULE SERVED for Respondent(s) : 1,
MR
PARTHIV A BHATT for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MS.JUSTICE HARSHA DEVANI
Date
: 20/09/2011
ORAL
ORDER
1. By this
application, the applicant seeks condonation of delay of 180 days,
caused in filing second appeal No.145/2011.
2. Mr. M.D.
Rana, learned Advocate for the the applicants has invited attention
to the averments made in the application to submit that the
applicants have sufficiently explained the delay that has occasioned
in filing the second appeal and as such the delay is required to be
condoned.
3. Having
regard to the averments made in the application, it is apparent that
the applicants have sufficiently explained the delay that has
occasioned in filing the second appeal. Moreover, from the averments
made in the application it is apparent there is no deliberate or
intentional delay on the part of the applicants nor have they ever
given up the cause. In the circumstances, the delay deserves to be
condoned.
4. For the
foregoing reasons, the application succeeds and is accordingly
ALLOWED. The delay of 180 days caused in filing second
appeal No.145 of 2011 is hereby condoned. Rule is made absolute
accordingly with no order as to costs.
5. Registry
to list the second appeal for hearing on 23RD
SEPTEMBER, 2011.
(HARSHA
DEVANI, J.)
Umesh/
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