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CA/12977/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION No. 12977 of 2010
In
FIRST
APPEAL (STAMP NUMBER) No. 2316 of 2010
=========================================
NEW
INDIA ASSURANCE COMPANY LIMITED THROUGH - Applicant(s)
Versus
BHARATBHAI
SOMABHAI PATEL & 4 - Opponent(s)
=========================================
Appearance :
MR
VIBHUTI NANAVATI for
Applicant(s) : 1,
RULE SERVED BY DS for Opponent(s) : 1 - 2,
4,
SERVED BY AFFIX.-(R) for Opponent(s) : 3, 5,
MR PP MAJMUDAR
for Opponent(s) : 3, 5,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 02/05/2011
ORAL
ORDER
1. The
present application under Section 5 of the Limitation Act has been
preferred by the applicant to condone the delay of 32 days in
preferring the First Appeal against the judgment and award dated
25/032010 passed by the learned Motor Accident Claims Tribunal
(Main), Bharuch in M.A.C.P. No. 104/2007.
2. Having
heard the learned advocate appearing on behalf of the applicant as
well as the learned advocate appearing on behalf of opponents nos. 3
and 5 and though served nobody appears on behalf rest of the
opponents and considering the averments made in the application and
so as to give one additional opportunity to the applicant to submit
the case on merits rather than non-suiting it on the technical ground
of delay, the delay caused in preferring the First Appeal is hereby
condoned and the present application is allowed. Rule is made
absolute accordingly. No cost.
(M.R.
SHAH, J.)
siji
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