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CA/872/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION No. 872 of 2010
In
FIRST
APPEAL (STAMP NUMBER) No. 14 of 2010
=========================================================
JAINABBIBI
WD/O HAMIDKHAN - Petitioner(s)
Versus
ABDULSAKUR
ABDULGAFUR SHIAKH & 1 - Respondent(s)
=========================================================
Appearance
:
MR
MA BUKHARI for
Petitioner(s) : 1, 1.2.1, 1.2.2, 1.2.3, 1.2.4, 1.2.5,1.2.6
RULE
SERVED for Respondent(s) : 1 -
2.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 12/04/2010
ORAL
ORDER
Present
application under Section-5 of the Limitation Act is taken out
seeking condonation of delay of 86 days in filing the appeal against
the award dated 1/7/2009 passed by the Motor Accident Claims Tribunal
(Aux.), Ahmedabad in MACP No. 998 of 1999.
Heard
learned advocate Mr. M. A. Bukhari for the applicants and learned
advocate Mr. Thakker for the respondent no.2 insurance company.
Though served no one has entered appearance on behalf of respondent
no.1. The application is not opposed by the respondent no.1.
Having
regard to the averments made in the application and statement made by
learned advocate Mr. Bukhari appearing for the applicants, it emerges
that the applicant was not negligent in preferring the appeal in time
but was prevented for unavoidable reasons. The applicants have
tendered satisfactory explanation and sufficient cause has been made
out in support of the relief prayed for in para-5(A).
In
the facts and circumstances of the case, the application deserves to
be granted and the same is therefore granted. The relief prayed for
in para-5(A) is granted and delay of 86 days caused in preferring the
appeal is condoned. Rule is made absolute to the aforesaid extent.
(K.M.THAKER,
J.)
(ila)
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