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CA/5901/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR CONDONATION OF DELAY No. 5901 of 2008
In
LETTERS
PATENT APPEAL (STAMP NUMBER) No. 639 of 2008
In
SPECIAL CIVIL APPLICATION No.
17189 of 2007
=========================================================
DEPUTY
EXECUTIVE ENGINEER - Applicant
Versus
DHIRUBHAI
GELABHAI CHAVDA - Opponent
=========================================================
Appearance
:
MS
REETA CHANDARANA, AGP, for Applicant.
MR DR BHATT for
Opponent.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE A.L.DAVE
and
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 22/08/2008
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE A.L.DAVE)
This
is an application for condonation of delay of 110 days caused in
filing the Letters Patent Appeal.
2. Learned
advocate Mr.D.R.Bhatt appearing for the opponent has relied on the
decision of the Apex Court rendered in the case of P.K.Ramachandran
v. State of Kerala & Anr. AIR 1998 SC 2276.
3. Having
gone through the judgment, we are of the view that in light of the
supporting affidavit filed by the applicant side, it cannot be said
that the cause of delay is not reasonably explained. The judgment,
therefore, cannot be of any help to the opponent. The delay caused in
filing the appeal, therefore, deserves to be condoned. Accordingly,
this application is allowed. Delay is condoned. Rule is made
absolute. No costs.
[A.L.Dave,J.]
[Smt.Abhilasha
Kumari,J.]
(patel)
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