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CA/1343/2007 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR CONDONATION OF DELAY No. 1343 of 2007
In
FIRST
APPEAL (STAMP NUMBER) No. 5284 of 2006
=========================================================
NATIONAL
INSURANCE CO. LTD. - Petitioner(s)
Versus
SHARDABEN
CHANDUBHAI TALPADA & 1 - Respondent(s)
=========================================================
Appearance :
MR
MEHUL SHARAD SHAH for Petitioner(s) : 1,
RULE
NOT RECD BACK for Respondent(s) : 1,
RULE SERVED for Respondent(s)
: 2,
MR TRILOK J PATEL for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
Date
: 31/08/2007
ORAL
ORDER
The
present application is for condonation of delay of 109 days in
preferring First Appeal against Judgement and Award passed by the
Tribunal in MACP No.1217/03 .
Heard
Mr. Shah for the applicant and Mr. Hiren Modi for the orig. claimant
and Mr. Patel for the respondent No.2.
Considering
the facts and circumstances and in view of the grounds set out in
the application for condonation of delay, even if lenient view is
taken for condonation of delay, in view of the reasons recorded in
Civil Application No.3766 of 2007 and allied matters, the
respondents deserves to be suitably compensated for the delay caused
in preferring the present First Appeal.
Considering
the facts and circumstances, it would be just and proper to award
cost of Rs.500/- as compensation to the each of respondent, total
Rs.1000/- for the delay caused in preferring the First Appeal.
Hence,
delay of 109 days in preferring the concerned First Appeal is
condoned on the condition that the applicant pays the amount of
Rs.500/- as cost to each respondent, total Rs.1000/- within four
weeks from today. It would be open to the applicant to deposit the
amount of cost with this Court within four weeks and after the
amount of cost is deposited, it would be open to the opponent/s
either themselves or through their advocate to withdraw the amount
of cost. Office to list the first appeal for hearing after the
amount of cost is deposited.
Application
allowed to the aforesaid extent. Rule made absolute accordingly.
(JAYANT PATEL, J.)
*bjoy
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