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CA/10101/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION No. 10101 of 2008
In
FIRST
APPEAL (STAMP NUMBER) No. 4759 of 2007
=========================================================
SALIM
HUSENBHAI MALEK - Petitioner(s)
Versus
THAKOR
GHALAJI SOMAJI OWNER OF RICKSHAW & 1 - Respondent(s)
=========================================================
Appearance
:
MR
YM THAKORE for
Petitioner(s) : 1,
RULE
SERVED for
Respondent(s) : 1
- 2.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 06/10/2008
ORAL
ORDER
1. Heard
learned advocate Mr.Y.M.Thakore for the applicant and learned
advocate Mr.Vibhuti Nanavati for respondent No.2.
2. Learned
advocate Mr.Nanavati has raised contention that claims Tribunal has
awarded Rs.1,94,000/- in favour of claimant. And now this appeal is
for Rs.2 lacs. Meaning thereby that appeal is filed for remaining
Rs.6000/-. He also raised contention that in main application u/s 166
of MV Act, claim of Rs.2 lacs was made and out of that, Rs.1,94,000/-
has been awarded by the claims Tribunal. Therefore, the claimant
shall have to approach to the claims Tribunal by way of review
application.
3. I
have considered the contentions raised by learned advocate
Mr.Nanavati. But, at present, only civil application is filed with a
prayer to condone the delay of 36 days in filing first appeal. I have
considered the averments made in this application on affidavit.
Sufficient cause has been shown by the applicant for condonation of
delay of 36 days in preferring the first appeal. Therefore, delay of
36 days caused in preferring first appeal has been condoned.
Accordingly, Rule is made absolute.
4. The
Registry is directed to register First Appeal (St.) Nos.4759 of 2007
and circulate for admission on 16.10.2008.
(H.K.RATHOD,J.)
(vipul)
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