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CA/14647/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION No. 14647 of 2010
In
FIRST
APPEAL (STAMP NUMBER) No. 3298 of 2010
=========================================
MODI
RATILAL PRABHUDAS - Applicant(s)
Versus
THAKORE
MADARJI GALABJI & 1 - Opponent(s)
=========================================
Appearance :
MR
AI SURTI for
Applicant(s) : 1,
MR NP CHAUDHARY for Opponent(s) : 1,
MR
TUSHAR CHAUDHARY for Opponent(s) : 1,
RULE SERVED 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 applicant-opponent no. 2 to condone the delay of 141
days in preferring the First Appeal challenging the judgment and
award passed by the learned Motor Accident Claims Tribunal
(Auxiliary), Mehsana dated 22/02/2010 in M.A.C.P. No. 1487/2002.
2. Having
heard Shri Utkarsh Sharma, learned advocate appearing on behalf of
the applicant and Shri Tushar Chaudhary, learned advocate appearing
on behalf of the opponent no. 1 and though served, nobody appears on
behalf of opponent no. 2 and considering the averments made in the
application in support of the prayer to condone the delay and as
sufficient cause have been made out to condone the delay, the delay
caused in preferring the First Appeal is hereby condoned.
3. With
this, the present application is allowed. Rule is made absolute in
each of the application accordingly. No cost.
(M.R.
SHAH, J.)
siji
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