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CA/4722/2005 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR CONDONATION OF DELAY No. 4722 of 2005
In
FIRST
APPEAL (STAMP NUMBER) No. 1262 of 2005
=========================================================
NEW
INDIA ASSURANCE CO.LTD. - Petitioner(s)
Versus
RANJITSINH
GULABSINH PATEL & 5 - Respondent(s)
=========================================================
Appearance
:
(MR
PV NANAVATI) for
Petitioner(s) : 1,
SERVED BY RPAD - (N) for Respondent(s) :
1,
DELETED for Respondent(s) : 2,
SERVED BY AFFIX.-(R) for
Respondent(s) : 3,
MR KK NAIR for Respondent(s) : 4,
RULE
SERVED for Respondent(s) : 5,
RULE SERVED BY DS for Respondent(s)
: 6,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 16/07/2008
ORAL
ORDER
Heard
learned advocate Mr. Vibhuti Nanavati on behalf of New India
Assurance Co. Ltd., Baroda, learned advocate Mr. KK Nair appearing
for respondent no. 4.
The
present application is filed by Insurance Company with a prayer to
condone the delay of 292 days in filing First appeal.
The
Rule issued by this Court is served to respondents claimants, but no
appearance is filed by them and no advocate is engaged by respondent
claimants. Therefore, in their absence, this application is taken
up for hearing.
Considering
submissions made by both learned advocates and averment made in this
application on affidavit. The delay of 292 days is condoned in the
interest of justice as sufficient cause has been shown by Insurance
Company to the satisfaction of this Court.
Accordingly,
prayer made in this application in para 9(A) is granted and civil
application is allowed. Rule is made absolute.
(H.K.RATHOD,
J)
asma
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