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CA/2229/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR CONDONATION OF DELAY No. 2229 of 2008
In
FIRST
APPEAL (STAMP NUMBER) No. 1915 of 2007
=========================================================
CHAUHAN
DHARMARAJSINGH BEJNATHSINGH & 6 - Petitioner(s)
Versus
DINESHKUMAR
RASIKLAL & 5 - Respondent(s)
=========================================================
Appearance
:
MR
VILAV K BHATIA for
Petitioner(s) : 1 - 7.
RULE UNSERVED for Respondent(s) : 1 - 2,
5,
RULE SERVED for Respondent(s) : 3 - 4.
MR HEMANT S SHAH for
Respondent(s) :
6,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 07/10/2008
ORAL
ORDER
1. Heard
learned advocate Mr.V.K.Bhatia on behalf of applicant and learned
advocate Mr.H.S.Shah for respondent Nos.3 and 6 ? another insurance
Company. Though served, no appearance is filed in the present
proceedings. The Rule issued by this Court remained unserved in
respect of respondents No.1, 2 and 5, who are the owner and driver of
the vehicle in question.
2. Present
application has been filed with a prayer to condone the delay of 556
days caused in preferring the First Appeal.
3. Learned
Advocate Mr.Bhatia submitted that one Civil Application for
condonation of delay bearing No.9846 of 2007 filed in Misc. Civil
Application (St.) No.1244 of 2007 where the same number of 566 days
delay has been condoned by this Court on 05.10.2007.
4. In
aforesaid order dated 05.10.2007 the delay of 556 days is condoned in
the interest of justice.
5. I
have considered the averments made in this application on affidavit.
Sufficient cause has been shown by the applicant for condonation of
delay of 556 days in preferring the first appeal. Therefore, delay of
556 days caused in preferring first appeal has been condoned.
Accordingly, present civil application is disposed of.
4. The
Registry is directed to register First Appeal (St.) No.1915 of 2007
and circulate for admission.
(H.K.RATHOD,J.)
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