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CA/3330/1997 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION No. 3330 of 1997
In
FIRST
APPEAL No. 1114 of 1997
=========================================================
GSRTC
- Petitioner(s)
Versus
SHANKARRAO
NAMDEVRAO PATIL (DELETED) & 2 - Respondent(s)
=========================================================
Appearance
:
MR
HS MUNSHAW for
Petitioner(s) : 1,
DELETED
for Respondent(s) : 1
- 2.
None
for Respondent(s) :
3,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 28/07/2008
ORAL
ORDER
Heard
learned advocate Mr. H.S. Munshaw appearing on behalf of applicant
GSRTC ? Original Respondent No.2 ? Appellant.
This
delay condone application is preferred by applicant as the delay of
13 days has been occurred in filing First Appeal.
The
GSRTC has challenged the award passed by Motor Accident Claims
Tribunal at Ahmedabad in MACP No.304 of 1991 dated 28th
January 1997. The Claims Tribunal has partly allowed and directed to
Corporation to pay Rs.1,88,800/- to respondent claimants with 15%
interest. Respondent No.1 and 2 whose names have been deleted as per
conditional orders dated 5th May 1998 and 13th
October 1998.
Now,
when claimants have been deleted from the array of the Civil
Application, then, only against driver, there is no need to consider
the appeal filed by applicant ? GSRTC.
Therefore,
in light of these facts and also considering the challenge made by
Corporation for only Rs.50,000/- and for that amount, court fee has
been paid, therefore, rest of the amount is not challenged by
Corporation in present appeal.
On
27th August 1997, this Court had issued rule returnable on
18th September 1997 in the present Application.
This
delay is not condoned till date, but, respondents No.1 and 2
claimant’s names have been deleted. Therefore, in light of this
background, no order is required to be passed in Civil Application.
This
Court cannot condone the delay without hearing the respondents ?
claimants and in light of the deletion of the respondents names, this
Court cannot examine and decide the delay condone application.
Accordingly,
present Civil Application is dismissed.
[H.K.
RATHOD, J.]
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