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CA/5052/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION No. 5052 of 2010
In
FIRST
APPEAL (STAMP) No. 1208 of 2010
=========================================
NEW
INDIA ASSURANCE CO LTD - Petitioner(s)
Versus
SURESHBHAI
RADIYABHAI THAKRE & 3 - Respondent(s)
=========================================
Appearance :
MR
GC MAZMUDAR for
Petitioner(s) : 1,MR HG MAZMUDAR for Petitioner(s) : 1,
MR ZUBIN F
BHARDA for Respondent(s) : 1 - 2.
RULE NOT RECD BACK for
Respondent(s) : 3 - 4, 4.2.3,4.2.4
None for Respondent(s) : 4,
MR
PS CHAMPANERI for Respondent(s) : 4.2.1
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 20/07/2010
ORAL
ORDER
1. The present
application is filed seeking contonation of delay of 14 days caused
in filing the First Appeal. Rule was issued on 10.05.2010 returnable
on 05.07.2010. It is reported that Rule is not received back qua
respondent Nos.3 and 4/2 to 4/4.
2. Learned
Advocate Mr.Mazmudar for the applicant invited attention of the Court
to a fact that respondent No.4/1 is a guardian of respondent Nos.4/2
to 4/4 and therefore, service to respondent No.4/1 is a valid service
qua respondent Nos.4/2 to 4/4 also. However, qua respondent No.3
the driver, Rule is not received back.
3. Taking into
consideration the fact that the Rule was issued on 10.05.2010
returnable on 05.07.2010, which is not received back till date qua
respondent No.3, it is deemed fit that the Registry be directed to
issue fresh process of Rule qua respondent No.3.
4. Registry is
directed to issue fresh process of RULE qua respondent No.3
returnable on 17.08.2010.
It will be
open for the applicant Insurance Company to serve the process of
Rule by Registered Post A.D. at its own costs.
Direct
service is permitted.
(Ravi
R.Tripathi, J.)
*Shitole
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