Gujarat High Court High Court

Ahmedabad vs Memgron on 20 October, 2008

Gujarat High Court
Ahmedabad vs Memgron on 20 October, 2008
Author: R.P.Dholakia,&Nbsp;Honourable Mr.Justice Z.K.Saiyed,&Nbsp;
   Gujarat High Court Case Information System 

  
  
    

 
 
    	      
         
	    
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CA/3602/2008	 2/ 2	ORDER 
 
 

	

 

IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
 

 


 

CIVIL
APPLICATION No. 3602 of 2008
 

In


 

FIRST
APPEAL (STAMP NUMBER) No. 4007 of 2007
 

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

 

AHMEDABAD
MUNICIPAL CORPORATION - Petitioner(s)
 

Versus
 

MEMGRON
CHEMI DYES PVT LTD THRO' DIRECTOR - Respondent(s)
 

=========================================================
 
Appearance
: 
MS
JIRGA D JHAVERI for
Petitioner(s) : 1, 
RULE
served for
Respondent(s) :
1, 
=========================================================


 
	  
		 
			 

CORAM
			: 
			
		
		 
			 

HONOURABLE
			MR.JUSTICE R.P.DHOLAKIA
		
	
	 
		 
		 
			 

and
		
	
	 
		 
		 
			 

HONOURABLE
			MR.JUSTICE Z.K.SAIYED
		
	

 

 
 


 

Date
: 20/10/2008 

 

 
 
ORAL
ORDER

(Per
: HONOURABLE MR.JUSTICE R.P.DHOLAKIA)

1. Though
served, none appears on behalf of the respondent.

2.
This Civil Application has been filed by the present applicant for
condoning the delay of 219 days caused in preferring First Appeal.

3.
We have heard learned counsel for the applicant and also gone through
the reasons mentioned in the Civil Application on oath regarding
condonation of delay. Reasons as to why appeal could not be filed in
time are stated in para-2 of the application.

4.
In view of the fact that the reasons stated in this application have
not been controverted by the otherside by filing an affidavit and
also in view of the principles governing the discretionary exercise
of power under sec. 5 of the Limitation Act, 1963, we are of the view
that sufficient cause has been stated for not filing the appeal in
time and hence, delay caused in filing the appeal is to be condoned
and civil application is required to be allowed.

5.
For the aforesaid reasons, application is allowed. Delay of 219 days
caused in filing First Appeal is condoned. Rule is made absolute.

(R.P.

DHOLAKIA, J.)

(Z.K.

SAIYED, J.)

mandora/

   

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