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CA/2435/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION No. 2435 of 2010
In
FIRST
APPEAL (STAMP NUMBER) No. 5895 of 2009
=========================================================
NATIONAL
INSURANCE CO LTD - Petitioner(s)
Versus
HERIS
OF DECEASED NANJIBHAI C SOLANKI DEVIPUJAK,RASILABEN & 8 -
Respondent(s)
=========================================================
Appearance
:
MR
MEHUL SHARAD SHAH for
Petitioner(s) : 1,
RULE SERVED for Respondent(s) : 1 - 6,8 - 9.
-
for Respondent(s) :
7,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 09/04/2010
ORAL
ORDER
Heard
learned advocate Mr. D. K. Chaudhari for learned advocate Mr. M. S.
Shah appearing for the applicant.
The
cause list shows that respondent nos.1 to 6, 8 and 9 have been
served. Though served, no one has entered appearance on their
behalf. The cause list also shows that the respondent no.7 is
deleted.
Present
application under Section-5 of the Limitation Act has been preferred
by the applicant seeking condonation of delay of 21 days in filing
the appeal against the judgment and award dated 30/7/2009 passed by
the Motor Accident Claims Tribunal (Main), Junagadh in Motor Accident
Claim Petition No.281 of 2004.
The
relief prayed for in present application has not been opposed.
Having
regard to the submissions made by learned advocate appearing on
behalf of the applicant and averments made in the application, it
appears that sufficient cause has been shown for condonation of delay
and hence the application deserves to be allowed.
In
view of the above, the relief prayed for in para-4(A) of the
application is granted and delay of 21 days in filing the appeal is
condoned. Rule is made absolute to the aforesaid extent.
(K.M.THAKER,
J.)
(ila)
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