Gujarat High Court Case Information System
Print
CR.MA/1074920/2008 1/ 1 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 10749 of 2008
In
CRIMINAL
MISC.APPLICATION No. 10748 of 2008
======================================
MALAVKUMAR
ARUNBHAI PATEL
Versus
ALPESH
ALIAS CHAKO NAVINCHAND PATEL AND ANOTHER
======================================
Appearance
:
MS AVANI S MEHTA for
Applicant.
M/S THAKKAR ASSOC. for Respondent No.1.
MR LR
PUJARI, APP for Respondent
No.2.
======================================
CORAM
:
HONOURABLE
MR.JUSTICE D.H.WAGHELA
Date
: 23/06/2009
ORAL
ORDER
After
issuance of Rule on 17.12.2008, M/s. Thakkar Associates have appeared
for respondent no.1 and hearing has been adjourned five times. The
applicant has sought condonation of delay of 99 days in filing the
appeal with application for leave to appeal. According to the
uncontroverted averment on oath, the applicant was not aware about
impugned judgment dated 5.3.2008 and as soon as he came to know about
it on 23.7.2008, he had applied for certified copy thereof. Thus,
there was no negligence or indolence on his part. Having heard
learned APP, who was present and learned counsel for the applicant,
delay appears to have been satisfactorily explained, and hence, the
application is allowed. Rule is made absolute with no order as to
costs.
(D.H.Waghela,
J.)
*malek
Top