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CA/2614/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION No. 2614 of 2010
In
FIRST
APPEAL (STAMP NUMBER) No. 463 of 2010
=========================================================
NATIONAL
INSURANCE CO LTD - Petitioner(s)
Versus
ANSUYABEN
WD/O ASHOKKUMAR KANTILAL PRAJAPATI & 2 - Respondent(s)
=========================================================
Appearance :
MR
MEHUL SHARAD SHAH for
Petitioner(s) : 1,
None for Respondent(s) : 1,
MS AMI K PATEL
for Respondent(s) : 1.2.1,1.2.2
RULE SERVED for Respondent(s) : 2
- 3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 18/08/2010
ORAL
ORDER
1. On
the last date of hearing i.e. 12.08.2010, this Court passed the
following order:
Learned
Advocate Mr. Shah wants time to file an affidavit of the Advocate,
who applied for the certified copy of the judgment and award, which
was pronounced on 29.07.2009, only on 23.09.2003 sic.
23.09.2009.
S.O.
to 18.08.2010.
2. Learned
Advocate Mr. Shah for the applicant insurance company files an
affidavit of learned Advocate Mr. Bharat B. Shah, relevant para of
which reads as under:
It
is stated in the application that the award was pronounced by the
Tribunal on 29.07.2009 and the certified copy of the same was applied
by me on behalf of the applicant insurance company on 23.09.2009.
I respectfully say and submit that the Presiding Officer, MACT
(Auxi) and FTC-4, Ahmedabad (Rural) did not pronounce the judgment in
the open Court on 29.07.2009, but, more that 30 matters were kept
pending for pronouncement of judgment since long.
It is respectfully submitted that when the learned Judge
has sic. was
to relive that Court on 14.09.2009, 34 judgments
including the present one were given to the Bench clerk with back
dates. I
respectfully say and submit that the present judgment was not
pronounced on 29.07.2009 in open Court and known to
the either of the advocates. Thereafter, Bench Clerk informed me
about the award on or around 16.09.2009 and I applied for the
certified copy on 23.09.2009, which was prepared on
29.09.2009….. (emphasis
supplied).
3. Learned
Advocate for the applicant prays for time to inquire as to whether
the affidavit of concerned Bench Clerk could be filed in support of
this affidavit as it is mentioned that, 34 judgments including the
present one were given to the Bench Clerk with back dates and
similarly, it is stated that, thereafter Bench Clerk informed me
about the award on or around 16.09.2009. The matter is kept on
30th
August 2010.
4. Registry
is directed to submit its comments about the same.
(RAVI
R. TRIPATHI, J.)
jani
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