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CA/16629/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION No. 16629 of 2010
In
FIRST
APPEAL (STAMP NUMBER) No. 1855 of 2010
=========================================
NATIONAL
INSURANCE COMPANY LTD - Applicant(s)
Versus
SHILPABEN
MANUBHAI MANDANKA & 3 - Opponent(s)
=========================================
Appearance :
MR
NAGESH C SOOD for
Applicant(s) : 1,
RULE SERVED for Opponent(s) : 1 - 4.
MRS
VASAVDATTA BHATT for Opponent(s) :
3,
=========================================
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-original opponent no. 4-National Insurance
Company Ltd. to condone the delay of 6 days in preferring the First
Appeal challenging the judgment and award dated 09/03/2010 passed by
the learned Motor Accident Claims Tribunal (Main), Amreli in M.A.C.P.
No. 205/2006.
2. Ms.
Vasavdatta Bhatt, learned advocate has stated that she has
instructions to appear on behalf of opponent no. 3. Though served,
nobody appears on behalf of the opponents nos. 1, 2 and 4.
3. Having
heard Shri Sood, learned advocate appearing on behalf
of the applicant and Ms. Vasavdatta Bhatt, learned advocate appearing
on behalf of opponent no. 3 and considering the averments in the
application in support of the prayer to condone the delay and as
sufficient cause has been made out to condone the delay, the delay
caused in preferring the First Appeal is hereby condoned.
4.
With this, the present application is allowed. Rule is made absolute
accordingly. No cost.
(M.R.
SHAH, J.)
siji
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