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CA/1708/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION No. 1708 of 2010
In
FIRST
APPEAL (STAMP NUMBER) No. 486 of 2009
=========================================================
ILABEN
SHUKKARBHAI AHIR & 3 - Petitioner(s)
Versus
KAILASHCHAND
PRABHULAL VAISHNAV & 2 - Respondent(s)
=========================================================
Appearance
:
MR
AMIT N PATEL for
Petitioner(s) : 1 - 4.
RULE UNSERVED for Respondent(s) : 1,
SERVED
BY AFFIX.-(R) for Respondent(s) : 2,
MR HASMUKH THAKKER for
Respondent(s) :
3,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
and
HONOURABLE
MS.JUSTICE B.M.TRIVEDI
Date
: 15/03/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE JAYANT PATEL)
The
present application is for condonation of delay of 62 days in
preferring the appeal against the judgement and order passed by the
Tribunal, which is impugned in the First Appeal.
The
respondents No.2 and 3 are served. The main contesting respondent
is Respondent No.3 Insurance Company. Hence, at this stage, the
presence of respondent No.1 may not be required.
Considering
the facts and circumstances and in view the grounds mentioned in the
application for condonation of delay, sufficient cause is made out.
Hence, delay deserves to be condoned and, therefore, condoned.
The
application is disposed of. Rule made absolute accordingly.
The
First Appeal be listed for hearing on 29.3.2011.
(Jayant Patel, J.)
(Ms.
B. M. Trivedi, J.)
vinod
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