CA/5394/2008 2/ 2 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CIVIL APPLICATION No. 5394 of 2008 In FIRST APPEAL (STAMP NUMBER) No. 822 of 2008 ========================================================= UNITED INDIA ASSURANCE COMPANY LTD - Petitioner(s) Versus SAMKHERKHAN NAVRANKHAN PATHAN & 2 - Respondent(s) ========================================================= Appearance : MR RAJNI H MEHTA for Petitioner(s) : 1, RULE SERVED BY DS for Respondent(s) : 1 - 2. RULE SERVED for Respondent(s) : 3, ========================================================= CORAM : HONOURABLE MR.JUSTICE H.K.RATHOD Date : 27/08/2008 ORAL ORDER
Heard
learned advocate Mr. SB Parikh for learned advocate Mr. RH Mehta on
behalf of applicant.
Rule
issued by this Court is served to respondent, but no appearance is
filed by respondents and no advocate is engaged by them.
The
present application is filed with a prayer to condone delay of 384
days in filing first appeal.
I
have considered submissions made by learned advocate Mr. Parikh and
considering averment made in this application followed by affidavit
and also considering affidavit of Mr. Ashokbhai Ratilal Shah, which
is at page 5, Annexure A. The delay of 384 days is condoned in the
interest of justice as sufficient cause has been shown by applicant
to the satisfaction of this Court.
Accordingly,
Rule is made absolute to that extent. No order as to cost.
(H.K.RATHOD,
J)
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