New vs Superindent on 25 August, 2008

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CA/8100/2008	 2/ 2	ORDER 
 
 

	

 

IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
 

 


 

CIVIL
APPLICATION No. 8100 of 2008
 

In


 

FIRST
APPEAL (STAMP NUMBER) No. 2315 of 2008
 

 
=========================================================


 

NEW
INDIA ASSURANCE CO LTD THROUGH - Applicant
 

Versus
 

SUPERINDENT
ENGINEER & 3 - Respondents
 

=========================================================
 
Appearance : 
MR
VIBHUTI NANAVATI for Applicant: 1, 
MR HRIDAY
BUCH for respondent No.1:
 

None
for Respondents : 2 -
5. 
=========================================================


 
	  
	 
	  
		 
			 

CORAM
			: 
			
		
		 
			 

HONOURABLE
			MR.JUSTICE BHAGWATI PRASAD
		
	
	 
		 
		 
			 

and
		
	
	 
		 
		 
			 

HONOURABLE
			MR.JUSTICE S.R.BRAHMBHATT
		
	

 

 
 


 

Date
: 25/08/2008 

 

 
 
ORAL
ORDER

(Per
: HONOURABLE MR.JUSTICE BHAGWATI PRASAD)

The
applicant has preferred this application under Section 5 of the
Limitation Act seeking condonation of delay of 279 days occurred in
preferring the First Appeal.

Heard
learned advocates for the parties. Looking to the averments made in
this application, delay of 279 days occurred in preferring the First
Appeal is sufficiently explained. The averments made in this
application have remained uncontroverted.

In
view of this, the delay deserves to be condoned and is accordingly
condoned. Application is allowed. Rule is made absolute. Office is
directed to notify the First Appeal for admission hearing on
27.8.2008.

[BHAGWATI
PRASAD, J.]

[S.R.BRAHMBHATT,
J.]

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