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CA/3537/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION No. 3537 of 2009
In
LETTERS
PATENT APPEAL (STAMP NUMBER) No. 1389 of 2008
In
SPECIAL CIVIL APPLICATION No. 10029 of 2007
=========================================================
M/S
JAY BHARAT FABRICS MILLS LTD., THROUGH' DIRECTOR - Applicant(s)
Versus
ANANDKUMAR
MOHANAKUMAR DANGA - Opponent(s)
=========================================================
Appearance
:
MR
PRABHAKAR UPADYAY for
Applicant(s) : 1,
MR GM JOSHI for Opponent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MS. JUSTICE R.M.DOSHIT
and
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 08/03/2010
ORAL
ORDER
(Per : HONOURABLE MS. JUSTICE
R.M.DOSHIT)
This
is the second call today, neither of the learned advocates is
present. Earlier on 19th
January 2010, learned advocate Mr. Sonagara had appeared for the
applicant. He had assured the Court that he shall file affidavit in
support of the application. Till date, no affidavit is filed.
This
application is made by the appellant M/s. Jay
Bharat Fabrics Mills Ltd. under Section 5 of the Limitation
Act for condonation of delay of 230 days occurred in filing the above
Letters Patent Appeal.
What
is challenged in the Appeal is order of the learned single Judge made
on 21st
January 2008. Though the certified copy of the impugned judgment was
notified on 28th
January 2008, Appeal was filed on 13th
October 2008, almost 10 months after the date of the order. The
delay of 230 days is not explained at all. In absence of any
explanation for the aforesaid delay, the application is rejected.
(Ms.
R.M. Doshit, J.)
(M.D.
Shah, J.)
*menon
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