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CA/5392/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION No. 5392 of 2010
In
FIRST
APPEAL (STAMP NUMBER) No. 929 of 2010
=========================================================
ORIENTAL
INSURANCE COMPANY LTD - Petitioner(s)
Versus
VIJYABEN
UKABHAI KAPADIYA & 4 - Respondent(s)
=========================================================
Appearance :
MR
MAULIK J SHELAT for
Petitioner(s) : 1,
MR TUSHAR L SHETH for Respondent(s) : 1,
RULE
SERVED for Respondent(s) : 2 - 3.
RULE UNSERVED for Respondent(s)
: 4,
MR VASANT S SHAH for Respondent(s) :
5,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 12/07/2010
ORAL
ORDER
Heard
learned Advocate Mr. Shelat for the applicant appellant
insurance company, learned Advocate Mr. Tushar L. Sheth for
respondent No.1 and learned Advocate Mr. Vasant S. Shah for
respondent No.5.
The
present application is filed seeking condonation of delay of 27 days.
Learned Advocate submitted that there were two vehicles involved in
the accident in which the Tribunal has held the vehicle insured by
the applicant company as 100% negligent. The company is challenging
before this Court the quantum and not the question of negligence.
That being so, opponent No.4 who is the
owner of the vehicle is not a contesting party.
Delay
is condoned. Rule made absolute.
Registry
is directed to list First Appeal on Admission Board on 16th
July 2010.
(RAVI
R. TRIPATHI, J.)
jani
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