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CA/16412/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION No. 16412 of 2010
In
FIRST
APPEAL (STAMP NUMBER) No. 805 of 2010
=========================================
BABUBHAI
SHAMJIBHAI BHOJANI - Applicant(s)
Versus
JIVANBHAI
JETHABHAI PARMAR & 1 - Opponent(s)
=========================================
Appearance :
MR
YATIN SONI for
Applicant(s) : 1,
RULE SERVED BY DS for Opponent(s) : 1 -
2.
SERVED BY RPAD - (R) for Opponent(s) :
2,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 08/02/2011
ORAL
ORDER
1. The
present application under Section 5 of the Limitation Act has been
preferred by the applicants to condone the delay of 76 days in
preferring the First Appeal challenging the judgment and award dated
22/09/2009 passed by the learned Motor Accident Claims Tribunal
(Auxiliary), Bhavnagar in M.A.C.P. No. 971/1999 so far as not
awarding full claim as prayed for.
2. Shri
H.N. Acharya, learned advocate has stated at the bar that he has
instructions to appear on behalf of opponent no. 2.
3. Having
heard Shri Gaurav Chudasma, learned advocate appearing on behalf of
the applicants and Shri H.N. Acharya, learned advocate appearing on
behalf of opponent no. 2 and though served, nobody appears on behalf
of opponent no. 1 and considering the averments in the application in
support of the prayer to condone the delay as sufficient cause is
shown to condone the delay, the delay caused in preferring the First
Appeal is hereby condoned. The present application is allowed. Rule
is made absolute accordingly. No cost.
(M.R.
SHAH, J.)
siji
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